Florida HB 651: Electronic Monitoring Devices in Long-term Care Facilities

Bill Text

HB 651 2026

CODING: Words stricken are deletions; words underlined are additions.
hb651-00
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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

A bill to be entitled 1
An act relating to electronic monitoring devices in 2
long-term care facilities; creating ss. 400.025 and 3
429.265, F.S.; defining the terms "electronic 4
monitoring device" and "representative"; authorizing a 5
resident, or his or her representative, of a nursing 6
home facility or assisted living facility, 7
respectively, to install and use an electronic 8
monitoring device in the resident's room if specified 9
conditions are met; providing for notice; providing 10
for consent of a resident living in a shared room with 11
a resident who intends to install a device; 12
authorizing the other resident or his or her 13
representative to impose conditions on the consent; 14
providing for withdrawal of consent and modification 15
of conditions; requiring the Agency for Health Care 16
Administration to adopt forms by rule; providing 17
requirements for the forms; prohibiting facilities 18
from denying admission or otherwise discriminating 19
against a resident for installing an electronic 20
monitoring device; providing an administrative 21
penalty; providing a criminal penalty for unlawfully 22
obstructing, tampering with, or destroying an 23
electronic monitoring device or a recording made by 24
such device; specifying who may view images broadcast 25

HB 651 2026

CODING: Words stricken are deletions; words underlined are additions.
hb651-00
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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

or recorded by an electronic monitoring device; 26
providing applicability; authorizing the agency to 27
adopt rules; providing an effective date. 28
29
Be It Enacted by the Legislature of the State of Florida: 30
31
Section 1. Section 400.025, Florida Statutes, is created 32
to read: 33
400.025 Electronic monitoring devices in residents' 34
rooms.— 35
(1) As used in this section, the term: 36
(a) "Electronic monitoring device" means a surveillance 37
instrument with a fixed-position, non-rotatable video camera, or 38
a combination thereof, which broadcasts or records movement 39
occurring in the area being surveilled. An electronic monitoring 40
device may only broadcast and record video and may not broadcast 41
or record audio. 42
(b) "Representative" means a person granted a durable 43
power of attorney under chapter 709, a guardian appointed under 44
chapter 744, or a person designated as a health care surrogate 45
under chapter 765 who is authorized to make health care 46
decisions on behalf of a person. 47
(2) A resident or a resident's representative may install 48
and use an electronic monitoring device in the resident's room 49
in a nursing home facility if all of the following conditions 50

HB 651 2026

CODING: Words stricken are deletions; words underlined are additions.
hb651-00
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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

are met: 51
(a) The resident or the resident's representative notifies 52
the facility in writing using the agency form adopted pursuant 53
to subsection (4). 54
(b) The cost of the device and the cost of installing, 55
maintaining, and removing the device, and providing Internet 56
access for the device, not including the cost of electricity 57
used for the device, are paid for by the resident or the 58
resident's representative. 59
(c) If the resident is living in a room with another 60
resident, the other resident or that resident's representative 61
consents to the installation and use of the device in the shared 62
room by completing the agency consent form adopted pursuant to 63
subsection (5). The other resident or that resident's 64
representative may revoke the consent at any time by providing 65
notice in writing to the facility. 66
(3)(a) If a resident living in a room with another 67
resident wishes to use an electronic monitoring device in the 68
shared room, but the other resident or his or her representative 69
refuses to consent to the installation and use of an electronic 70
monitoring device in the shared room, the facility must make a 71
reasonable attempt to accommodate the resident wishing to use 72
such device by moving that resident to another similar available 73
room with the consent of such resident or his or her 74
representative. 75

HB 651 2026

CODING: Words stricken are deletions; words underlined are additions.
hb651-00
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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

(b) If the resident wishing to use an electronic 76
monitoring device lives in the same room as another resident, 77
the other resident or his or her representative may place 78
conditions on his or her consent to the use of such device, 79
including, but not limited to, pointing the device away from the 80
other resident or limiting or prohibiting the use of specific 81
devices. If conditions are placed on a resident's consent in 82
this m