FL
Florida House Bill H0223

Florida 2025 Regular Session

Florida House Bill H0223 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to electronic monitoring devices in 2
1616 long-term care facilities; creating ss. 400.025 and 3
1717 429.265, F.S.; defining the terms "electronic 4
1818 monitoring device" and "representative"; authorizing a 5
1919 resident, or his or her representative, of a nursin g 6
2020 home facility or assisted living facility, 7
21-respectively, to install and use an electronic 8
22-monitoring device in the resident's room if specified 9
23-conditions are met; providing for notice; providing 10
24-for consent of a resident living in a shared room with 11
25-a resident who intends to install a device; 12
26-authorizing the other resident or his or her 13
27-representative to impose conditions on the consent; 14
28-providing for withdrawal of consent and modification 15
29-of conditions; requiring the Agency for Health Care 16
30-Administration to adopt forms by rule; providing 17
31-requirements for the forms; prohibiting facilities 18
32-from denying admission or otherwise discriminating 19
33-against a resident for installing an electronic 20
34-monitoring device; providing an administrative 21
35-penalty; providing a cr iminal penalty for unlawfully 22
36-obstructing, tampering with, or destroying an 23
37-electronic monitoring device or a recording made by 24
38-such device; specifying who may view or listen to 25
21+respectively, to authorize the installation and use of 8
22+an electronic monitoring device in the resident's room 9
23+if specified conditions are met; providing for 10
24+installation and use of such device if the resident 11
25+lives in a shared room with another resident with the 12
26+consent of the other resident or his or her 13
27+representative; authorizing the other resident or his 14
28+or her representative to impose conditions on the 15
29+consent; providing that consent may be withdrawn at 16
30+any time, verbally or in writing; authorizing 17
31+facilities to adopt a consent form; providing 18
32+requirements for the form; prohibiting facilities from 19
33+denying admission to a person or discharging a 20
34+resident or otherwise discriminating or retaliating 21
35+against a resident for the decision to install and use 22
36+an electronic monitoring device in the resident's 23
37+room; providing an administrative penalty; providing a 24
38+criminal penalty for unlawfully obstructing, tampering 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51-images and sounds broadcast or recorded by an 26
52-electronic monitoring device; pr oviding applicability; 27
53-authorizing the Agency for Health Care Administration 28
54-to adopt rules; providing an effective date. 29
55- 30
56-Be It Enacted by the Legislature of the State of Florida: 31
57- 32
58- Section 1. Section 400.025, Florida Statutes, is created 33
59-to read: 34
60- 400.025 Electronic monitoring devices in residents' 35
61-rooms.— 36
62- (1) As used in this section, the term: 37
63- (a) "Electronic monitoring device" means a surveillance 38
64-instrument with a fixed -position, non-rotatable video camera or 39
65-audio recording device, or a co mbination thereof, which 40
66-broadcasts or records movement or sounds occurring in the area 41
67-being surveilled. 42
68- (b) "Representative" means a person granted a durable 43
69-power of attorney under chapter 709, a guardian appointed under 44
70-chapter 744, or a person desig nated as a health care surrogate 45
71-under chapter 765 who is authorized to make health care 46
72-decisions on behalf of a person. 47
73- (2) A resident or a resident's representative may install 48
74-and use an electronic monitoring device in the resident's room 49
75-in a nursing home facility if all of the following conditions 50
51+with, or destroying an electronic monitoring device or 26
52+a recording made by such device; specifying who may 27
53+view or listen to images and sounds broadcast or 28
54+recorded by an electronic monitoring device; providing 29
55+applicability; authorizing the Agency for Health Care 30
56+Administration to adopt rules; providing an ef fective 31
57+date. 32
58+ 33
59+Be It Enacted by the Legislature of the State of Florida: 34
60+ 35
61+ Section 1. Section 400.025, Florida Statutes, is created 36
62+to read: 37
63+ 400.025 Electronic monitoring devices in residents' 38
64+rooms.— 39
65+ (1) As used in this section, the term: 40
66+ (a) "Electronic monitoring device" means a surveillance 41
67+instrument with a fixed -position video camera or an audio 42
68+recording device, or a combination thereof, which broadcasts or 43
69+records movement or sounds occurring in the area being 44
70+surveilled. 45
71+ (b) "Representative" means a person granted a durable 46
72+power of attorney under chapter 709, a guardian appointed under 47
73+chapter 744, or a person designated as a health care surrogate 48
74+under chapter 765 who is authorized to make health care 49
75+decisions on behalf of a person . 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88-are met: 51
89- (a) The resident or the resident's representative notifies 52
90-the facility in writing using the agency form adopted pursuant 53
91-to subsection (4). 54
92- (b) The cost of the device and the cost of installi ng, 55
93-maintaining, and removing the device, and providing Internet 56
94-access for the device, not including the cost of electricity 57
95-used for the device, are paid for by the resident or the 58
96-resident's representative. 59
97- (c) If the resident is living in a room with another 60
98-resident, the other resident or that resident's representative 61
99-consents to the installation and use of the device in the shared 62
100-room by completing the agency consent form adopted pursuant to 63
101-subsection (5). The other resident or that resident's 64
102-representative may revoke the consent at any time by providing 65
103-notice in writing to the facility. 66
104- (3)(a) If a resident living in a room with another 67
105-resident wishes to use an electronic monitoring device in the 68
106-shared room, but the other resident or his or her representative 69
107-refuses to consent, the facility must make a reasonable attempt 70
108-to accommodate the resident wishing to use such device by moving 71
109-that resident to another similar available room with the consent 72
110-of such resident or his or her representat ive. 73
111- (b) If the resident wishing to use an electronic 74
112-monitoring device lives in the same room as another resident, 75
88+ (2) A resident or a resident's representative may 51
89+authorize the installation and use of an electronic monitoring 52
90+device in the resident's room in a nursing home facility if all 53
91+of the following conditions are met: 54
92+ (a) If the facility has adopted a co nsent form pursuant to 55
93+subsection (5), the resident or the resident's representative 56
94+completes the form. 57
95+ (b) The cost of the device and the cost of installing, 58
96+maintaining, and removing the device, not including the cost of 59
97+electricity used for the devic e, are paid for by the resident or 60
98+the resident's representative. 61
99+ (c) If the resident is living in a room with another 62
100+resident, the other resident or that resident's representative 63
101+consents to the installation and use of the device in the shared 64
102+room. If the facility has adopted a consent form pursuant to 65
103+subsection (5), such consent must be obtained by having the 66
104+other resident or his or her representative complete the form. 67
105+ (3)(a) If a resident living in a room with another 68
106+resident wishes to use an electronic monitoring device in the 69
107+residents' shared room, but the other resident or his or her 70
108+representative refuses to consent to the installation and use of 71
109+an electronic monitoring device in the shared room, the facility 72
110+must make a reasonable attemp t to accommodate the resident 73
111+wishing to use such device by moving one of the residents to 74
112+another available room with the consent of such resident or his 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125-the other resident or his or her representative may place 76
126-conditions on his or her consent to the use of such device, 77
127-including, but not l imited to, pointing the device away from the 78
128-other resident or limiting or prohibiting the use of specific 79
129-devices. If conditions are placed on a resident's consent in 80
130-this manner, the electronic monitoring device must be installed 81
131-and used in a manner con sistent with such conditions as long as 82
132-the resident who imposed the conditions is living in the same 83
133-room. The resident or representative imposing conditions must 84
134-document the conditions on the consent form adopted by the 85
135-agency pursuant to subsection (5) , and may change the conditions 86
136-at any time by submitting a revised consent form. 87
137- (4) The agency shall adopt by rule a standard form for use 88
138-by a resident or his or her representative to notify a nursing 89
139-home facility of the intent to install and use an electronic 90
140-monitoring device in the facility. The form must include: 91
141- (a) An explanation of this section. 92
142- (b) An acknowledgment that the resident or his or her 93
143-representative has consented to the installation and use of the 94
144-device in the resident's room. 95
145- (c) An acknowledgment that the resident or his or her 96
146-representative will comply with conditions placed on the use of 97
147-the electronic monitoring device by other residents of the room 98
148-or their representatives, if any. 99
149- (d) A section for providing th e facility with information 100
125+or her representative. 76
126+ (b) If the resident wishing to use an electronic 77
127+monitoring device lives in the same room as another resident, 78
128+the other resident or his or her representative may place 79
129+conditions on his or her consent to the use of such device, 80
130+including, but not limited to, pointing the device away from the 81
131+other resident or limiting or prohibit ing the use of specific 82
132+devices. If conditions are placed on a resident's consent in 83
133+this manner, the electronic monitoring device must be installed 84
134+and used in a manner consistent with such conditions as long as 85
135+the resident who imposed the conditions is living in the same 86
136+room. 87
137+ (4) A resident or his or her representative who has 88
138+authorized the installation and use of an electronic monitoring 89
139+device under this section may withdraw that authorization 90
140+verbally or in writing at any time. 91
141+ (5) A nursing home facility may adopt a consent form for 92
142+installation and use of an electronic monitoring device in the 93
143+facility. Such form must, at a minimum, include all of the 94
144+following: 95
145+ (a) An explanation of this section. 96
146+ (b) An acknowledgment that the resident or his or her 97
147+representative has consented to the installation and use of the 98
148+device in the resident's room. 99
149+ (c) If the resident requesting installation and use of the 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162-regarding the type, function, and use of the device to be 101
163-installed and used. 102
164- (e) A statement releasing the facility from liability in 103
165-any civil or criminal action or administrative proceeding for a 104
166-violation of the resident's right to privacy in connection with 105
167-using the device. 106
168- (5) The agency shall adopt by rule a standard consent form 107
169-for use by a resident living in the same room as a resident who 108
170-intends to use an electronic monitoring device in the room. This 109
171-form must include: 110
172- (a) An explanation of this section. 111
173- (b) An acknowledgment that the resident or his or her 112
174-representative has consented to the installation and use of the 113
175-device in the resident's room. 114
176- (c) A section for listing any conditions the resident or 115
177-his or her representative places on the use of the device in the 116
178-room. 117
179- (d) A statement releasing the facility from liability in 118
180-any civil or criminal action or administrative proceeding for a 119
181-violation of the resident's right to privacy in connection wit h 120
182-using the device. 121
183- (6) A nursing home facility may post a notice in a 122
184-conspicuous location at the entrance of a resident's room having 123
185-an electronic monitoring device, stating that such device is in 124
186-use in that room. 125
162+electronic monitoring device lives in a room with another 101
163+resident, an acknowledgment that the other resident or other 102
164+resident's representative has consented to the installation and 103
165+use of the device and a description of any conditions placed on 104
166+that consent as authorized under paragraph (3)(b). 105
167+ (d) A section for providing the facility w ith information 106
168+regarding the type, function, and use of the device to be 107
169+installed and used. 108
170+ (e) A section stating that the facility is released from 109
171+liability in any civil or criminal action or administrative 110
172+proceeding for a violation of the resident' s right to privacy in 111
173+connection with using the device. 112
174+ (6) A nursing home facility may post a notice in a 113
175+conspicuous location at the entrance of a resident's room having 114
176+an electronic monitoring device, stating that such device is in 115
177+use in that room. 116
178+ (7) A nursing home facility may not deny a person 117
179+admission to, or discharge a resident from, the facility or 118
180+otherwise discriminate or retaliate against a resident based on 119
181+his or her decision to install and use an electronic monitoring 120
182+device in the resident's room at the facility. The agency shall 121
183+fine a nursing home facility $500 for each violation of this 122
184+subsection. 123
185+ (8) It is unlawful for a person, other than the resident 124
186+and resident's representative, if any, who authorized the 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199- (7) A nursing home facility may no t deny a person 126
200-admission to, or discharge a resident from, the facility or 127
201-otherwise discriminate or retaliate against a resident based on 128
202-his or her decision to install and use an electronic monitoring 129
203-device in the resident's room at the facility. The a gency shall 130
204-fine a nursing home facility $500 for each violation of this 131
205-subsection. 132
206- (8) It is unlawful for a person, other than the resident 133
207-and resident's representative, if any, who owns an electronic 134
208-monitoring device in the resident's room in a nurs ing home 135
209-facility, to intentionally obstruct, tamper with, or destroy the 136
210-device or a recording made by the device. A person who violates 137
211-this subsection commits a misdemeanor of the first degree, 138
212-punishable as provided in s. 775.082 or s. 775.083. 139
213- (9) A person may not intentionally view or listen to the 140
214-images and sounds broadcast or recorded by an electronic 141
215-monitoring device installed in a resident's room, unless that 142
216-person is: 143
217- (a) The resident; 144
218- (b) The resident's representative; 145
219- (c) Law enforcement personnel; or 146
220- (d) An individual authorized by the resident or the 147
221-resident's representative to view or listen to the images and 148
222-sounds broadcast or recorded by the device. 149
223- (10) A person may not intentionally publish or otherwise 150
199+installation and use of an electronic monitoring device in the 126
200+resident's room in a nursing home facility, to intentionally 127
201+obstruct, tamper with, or destroy the device or a recording made 128
202+by the device. A person who violates this subsection commits a 129
203+misdemeanor of the fir st degree, punishable as provided in s. 130
204+775.082 or s. 775.083. 131
205+ (9) A person may not intentionally view or listen to the 132
206+images and sounds broadcast or recorded by an electronic 133
207+monitoring device installed in a resident's room, unless that 134
208+person is: 135
209+ (a) The resident; 136
210+ (b) The resident's representative; 137
211+ (c) Law enforcement personnel; or 138
212+ (d) An individual authorized by the resident or the 139
213+resident's representative to view or listen to the images and 140
214+sounds broadcast or recorded by the device. 141
215+ (10) This section does not apply to an electronic 142
216+monitoring device installed by a law enforcement agency and used 143
217+solely for legitimate law enforcement purposes. 144
218+ (11) The agency may adopt rules to implement this section. 145
219+ Section 2. Section 429.265, Flori da Statutes, is created 146
220+to read: 147
221+ 429.265 Electronic monitoring devices in residents' 148
222+rooms.— 149
223+ (1) As used in this section, the term: 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236-make available on the Internet, in a manner accessible to the 151
237-general public, the images and sounds broadcast or recorded by 152
238-an electronic monitoring device installed in a resident's room. 153
239- (11) This section does not apply to an electronic 154
240-monitoring device installed by a law enforcement agency and used 155
241-solely for legitimate law enforcement purposes. 156
242- (12) The agency may adopt rules to implement this section. 157
243- Section 2. Section 429.265, Florida Statutes, is created 158
244-to read: 159
245- 429.265 Electronic monitoring devices in re sidents' 160
246-rooms.— 161
247- (1) As used in this section, the term: 162
248- (a) "Electronic monitoring device" means a surveillance 163
249-instrument with a fixed -position, non-rotatable video camera or 164
250-audio recording device, or a combination thereof, which 165
251-broadcasts or records movement or sounds occurring in the area 166
252-being surveilled. 167
253- (b) "Representative" means a person granted a durable 168
254-power of attorney under chapter 709, a guardian appointed under 169
255-chapter 744, or a person designated as a health care surrogate 170
256-under chapter 765 who is authorized to make health care 171
257-decisions on behalf of a person. 172
258- (2) A resident or a resident's representative may install 173
259-and use an electronic monitoring device in the resident's room 174
260-in an assisted living facility if all of the follo wing 175
236+ (a) "Electronic monitoring device" means a surveillance 151
237+instrument with a fixed -position video camera or an audio 152
238+recording device, or a combination thereof, which broadcasts or 153
239+records movement or sounds occurring in the area being 154
240+surveilled. 155
241+ (b) "Representative" means a person granted a durable 156
242+power of attorney under chapter 709, a guardian appointed under 157
243+chapter 744, or a person designated as a health care surrogate 158
244+under chapter 765 who is authorized to make health care 159
245+decisions on behalf of a person. 160
246+ (2) A resident or a resident's representative may 161
247+authorize the installation and use of an electronic monitorin g 162
248+device in the resident's room in an assisted living facility if 163
249+all of the following conditions are met: 164
250+ (a) If the facility has adopted a consent form pursuant to 165
251+subsection (5), the resident or the resident's representative 166
252+completes the form. 167
253+ (b) The cost of the device and the cost of installing, 168
254+maintaining, and removing the device, not including the cost of 169
255+electricity used for the device, are paid for by the resident or 170
256+the resident's representative. 171
257+ (c) If the resident is living in a room wit h another 172
258+resident, the other resident or that resident's representative 173
259+consents to the installation and use of the device in the shared 174
260+room. If the facility has adopted a consent form pursuant to 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273-conditions are met: 176
274- (a) The resident or the resident's representative notifies 177
275-the facility in writing using the agency form adopted pursuant 178
276-to subsection (4). 179
277- (b) The cost of the device and the cost of installing, 180
278-maintaining, and removing the d evice, and providing internet 181
279-access for the device, not including the cost of electricity 182
280-used for the device, are paid for by the resident or the 183
281-resident's representative. 184
282- (c) If the resident is living in a room with another 185
283-resident, the other reside nt or that resident's representative 186
284-consents to the installation and use of the device in the shared 187
285-room by completing the agency consent form adopted pursuant to 188
286-subsection (5). The other resident or that resident's 189
287-representative may revoke the consent at any time by providing 190
288-notice in writing to the facility. 191
289- (3)(a) If a resident living in a room with another 192
290-resident wishes to use an electronic monitoring device in the 193
291-shared room, but the other resident or his or her representative 194
292-refuses to consent to the installation and use of an electronic 195
293-monitoring device in the shared room , the facility must make a 196
294-reasonable attempt to accommodate the resident wishing to use 197
295-such device by moving that resident to another similar available 198
296-room with the consent of such resident or his or her 199
297-representative. 200
273+subsection (5), such consent must be obtained by having t he 176
274+other resident or his or her representative complete the form. 177
275+ (3)(a) If a resident living in a room with another 178
276+resident wishes to use an electronic monitoring device in the 179
277+residents' shared room, but the other resident or his or her 180
278+representative refuses to consent to the installation and use of 181
279+an electronic monitoring device in the shared room, the facility 182
280+must make a reasonable attempt to accommodate the resident 183
281+wishing to use such device by moving one of the residents to 184
282+another available ro om with the consent of such resident or his 185
283+or her representative. 186
284+ (b) If the resident wishing to use an electronic 187
285+monitoring device lives in the same room as another resident, 188
286+the other resident or his or her representative may place 189
287+conditions on his or her consent to the use of such device, 190
288+including, but not limited to, pointing the device away from the 191
289+other resident or limiting or prohibiting the use of specific 192
290+devices. If conditions are placed on a resident's consent in 193
291+this manner, the electroni c monitoring device must be installed 194
292+and used in a manner consistent with such conditions as long as 195
293+the resident who imposed the conditions is living in the same 196
294+room. 197
295+ (4) A resident or his or her representative who has 198
296+authorized the installation and use of an electronic monitoring 199
297+device under this section may withdraw that authorization 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310- (b) If the resident wishing to use an electronic 201
311-monitoring device lives in the same room as another resident, 202
312-the other resident or his or her representative may place 203
313-conditions on his or her cons ent to the use of such device, 204
314-including, but not limited to, pointing the device away from the 205
315-other resident or limiting or prohibiting the use of specific 206
316-devices. If conditions are placed on a resident's consent in 207
317-this manner, the electronic monitorin g device must be installed 208
318-and used in a manner consistent with such conditions as long as 209
319-the resident who imposed the conditions is living in the same 210
320-room. The resident or representative imposing conditions must 211
321-document the conditions on the consent fo rm adopted by the 212
322-agency pursuant to subsection (5), and may change the conditions 213
323-at any time by submitting a revised consent form. 214
324- (4) The agency shall adopt by rule a standard form for use 215
325-by a resident or his or her representative to notify an assist ed 216
326-living facility of the intent to install and use an electronic 217
327-monitoring device in the facility. The form must include: 218
328- (a) An explanation of this section. 219
329- (b) An acknowledgment that the resident or his or her 220
330-representative has consented to the in stallation and use of the 221
331-device in the resident's room. 222
332- (c) An acknowledgment that the resident or his or her 223
333-representative will comply with conditions placed on the use of 224
334-the electronic monitoring device by other residents of the room 225
310+verbally or in writing at any time. 201
311+ (5) An assisted living facility may adopt a consent form 202
312+for installation and use of an electronic monitoring device in 203
313+the facility. Such form must, at a minimum, include all of the 204
314+following: 205
315+ (a) An explanation of this section. 206
316+ (b) An acknowledgment that the resident or his or her 207
317+representative has consented to the installation and use of the 208
318+device in the resident's room. 209
319+ (c) If the resident requesting installation and use of the 210
320+electronic monitoring device lives in a room with another 211
321+resident, an acknowledgment that the other resident or other 212
322+resident's representative has consented to the installation and 213
323+use of the device and a description of any conditions placed on 214
324+that consent as authorized under paragraph (3)(b). 215
325+ (d) A section for providing the facility with information 216
326+regarding the type, function, and use of the device to be 217
327+installed and used. 218
328+ (e) A section stating that the facility is released from 219
329+liability in any civil or criminal action or administrative 220
330+proceeding for a violation of the resident's right to privacy in 221
331+connection with using the device. 222
332+ (6) An assisted living facility may post a notice in a 223
333+conspicuous location at the entrance of a resident's room having 224
334+an electronic monitoring device, stating that such device is in 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347-or their representatives, if any. 226
348- (d) A section for providing the facility with information 227
349-regarding the type, function, and use of the device to be 228
350-installed and used. 229
351- (e) A statement releasing the facility from liability in 230
352-any civil or criminal action or administ rative proceeding for a 231
353-violation of the resident's right to privacy in connection with 232
354-using the device. 233
355- (5) The agency shall adopt by rule a standard consent form 234
356-for use by a resident living in the same room as a resident who 235
357-intends to use an electro nic monitoring device in the room. This 236
358-form must include: 237
359- (a) An explanation of this section. 238
360- (b) An acknowledgment that the resident or his or her 239
361-representative has consented to the installation and use of the 240
362-device in the resident's room. 241
363- (c) A section for listing any conditions the resident or 242
364-his or her representative places on the use of the device in the 243
365-room. 244
366- (d) A statement releasing the facility from liability in 245
367-any civil or criminal action or administrative proceeding for a 246
368-violation of the resident's right to privacy in connection with 247
369-using the device. 248
370- (6) An assisted living facility may post a notice in a 249
371-conspicuous location at the entrance of a resident's room having 250
347+use in that room. 226
348+ (7) An assisted living facility may not deny a person 227
349+admission to, or discharge a resident from, the fa cility or 228
350+otherwise discriminate or retaliate against a resident based on 229
351+his or her decision to install and use an electronic monitoring 230
352+device in the resident's room at the facility. The agency shall 231
353+fine an assisted living facility $500 for each violati on of this 232
354+subsection. 233
355+ (8) It is unlawful for a person, other than the resident 234
356+and resident's representative, if any, who authorized the 235
357+installation and use of an electronic monitoring device in the 236
358+resident's room in an assisted living facility, to in tentionally 237
359+obstruct, tamper with, or destroy the device or a recording made 238
360+by the device. A person who violates this subsection commits a 239
361+misdemeanor of the first degree, punishable as provided in s. 240
362+775.082 or s. 775.083. 241
363+ (9) A person may not intentio nally view or listen to the 242
364+images and sounds broadcast or recorded by an electronic 243
365+monitoring device installed in a resident's room, unless that 244
366+person is: 245
367+ (a) The resident; 246
368+ (b) The resident's representative; 247
369+ (c) Law enforcement personnel; or 248
370+ (d) An individual authorized by the resident or the 249
371+resident's representative to view or listen to the images and 250
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373+HB 223 2025
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376376
377377 CODING: Words stricken are deletions; words underlined are additions.
378-hb223-01-c1
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384-an electronic monitoring device, stating that such device is in 251
385-use in that room. 252
386- (7) An assisted living facility may not deny a person 253
387-admission to, or discharge a resident from, the facility or 254
388-otherwise discriminate or retaliate against a resident based on 255
389-his or her decision to install and use an electronic moni toring 256
390-device in the resident's room at the facility. The agency shall 257
391-fine an assisted living facility $500 for each violation of this 258
392-subsection. 259
393- (8) It is unlawful for a person, other than the resident 260
394-and resident's representative, if any, who owns a n electronic 261
395-monitoring device in the resident's room in an assisted living 262
396-facility, to intentionally obstruct, tamper with, or destroy the 263
397-device or a recording made by the device. A person who violates 264
398-this subsection commits a misdemeanor of the first degree, 265
399-punishable as provided in s. 775.082 or s. 775.083. 266
400- (9) A person may not intentionally view or listen to the 267
401-images and sounds broadcast or recorded by an electronic 268
402-monitoring device installed in a resident's room, unless that 269
403-person is: 270
404- (a) The resident; 271
405- (b) The resident's representative; 272
406- (c) Law enforcement personnel; or 273
407- (d) An individual authorized by the resident or the 274
408-resident's representative to view or listen to the images and 275
409-
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417-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
418-
419-
420-
421-sounds broadcast or recorded by the device. 276
422- (10) A person may not intentionally publish or otherwise 277
423-make available on the Internet, in a manner accessible to the 278
424-general public, the images and sounds broadcast or recorded by 279
425-an electronic monitoring device installed in a resident's room. 280
426- (11) This section does not apply to an electronic 281
427-monitoring device installed by a law enforcement agency and used 282
428-solely for legitimate law enforcement purposes. 283
429- (12) The agency may adopt rules to implement this section. 284
430- Section 3. This act shall take effect July 1, 2025. 285
384+sounds broadcast or recorded by the device. 251
385+ (10) This section does not apply to an electronic 252
386+monitoring device installed by a law enforcement agency and used 253
387+solely for legitimate law enforcement purposes. 254
388+ (11) The agency may adopt rules to implement this section. 255
389+ Section 3. This act shall take effect July 1, 2025. 256