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HB 651 2026
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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
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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
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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
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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 manner, the electronic monitoring device must be installed 83
and used in a manner consistent with such conditions as long as 84
the resident who imposed the conditions is living in the same 85
room. The resident or representative imposing conditions must 86
document the conditions on the consent form adopted by the 87
agency pursuant to subsection (5), and may change the conditions 88
at any time by submitting a revised consent form. 89
(4) The agency shall adopt by rule a standard form for use 90
by a resident or his or her representative to notify a nursing 91
home facility of the intent to install and use an electronic 92
monitoring device in the facility. The form must include: 93
(a) An explanation of this section. 94
(b) An acknowledgment that the resident or his or her 95
representative has consented to the installation and use of the 96
device in the resident's room. 97
(c) An acknowledgment that the resident or his or her 98
representative will comply with conditions placed on the use of 99
the electronic monitoring device by other residents of the room 100
HB 651 2026
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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 their representatives, if any. 101
(d) A section for providing the facility with information 102
regarding the type, function, and use of the device to be 103
installed and used. 104
(e) A statement releasing the facility from liability in 105
any civil or criminal action or administrative proceeding for a 106
violation of the resident's right to privacy in connection with 107
using the device. 108
(5) The agency shall adopt by rule a standard consent form 109
for use by a resident living in the same room as a resident who 110
intends to use an electronic monitoring device in the room. This 111
form must include: 112
(a) An explanation of this section. 113
(b) An acknowledgment that the resident or his or her 114
representative has consented to the installation and use of the 115
device in the resident's room. 116
(c) A section for listing any conditions the resident or 117
his or her representative places on the use of the device in the 118
room. 119
(d) A statement releasing the facility from liability in 120
any civil or criminal action or administrative proceeding for a 121
violation of the resident's right to privacy in connection with 122
using the device. 123
(6) A nursing home facility may post a notice in a 124
conspicuous location at the entrance of a resident's room having 125
HB 651 2026
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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
an electronic monitoring device, stating that such device is in 126
use in that room. 127
(7) A nursing home facility may not deny a person 128
admission to, or discharge a resident from, the facility or 129
otherwise discriminate or retaliate against a resident based on 130
his or her decision to install and use an electronic monitoring 131
device in the resident's room at the facility. The agency shall 132
fine a nursing home facility $500 for each violation of this 133
subsection. 134
(8) It is unlawful for a person, other than the resident 135
and resident's representative, if any, who owns an electronic 136
monitoring device in the resident's room in a nursing home 137
facility, to intentionally obstruct, tamper with, or destroy the 138
device or a recording made by the device. A person who violates 139
this subsection commits a misdemeanor of the first degree, 140
punishable as provided in s. 775.082 or s. 775.083. 141
(9) A person may not intentionally view the images 142
broadcast or recorded by an electronic monitoring device 143
installed in a resident's room, unless that person is: 144
(a) The resident; 145
(b) The resident's representative; 146
(c) Law enforcement personnel; or 147
(d) An individual authorized by the resident or the 148
resident's representative to view the images broadcast or 149
recorded by the device. 150
HB 651 2026
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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
(10) A person may not intentionally publish or otherwise 151
make available on the Internet, in a manner accessible to the 152
general public, the images broadcast or recorded by an 153
electronic monitoring device installed in a resident's room. 154
(11) This section does not apply to an electronic 155
monitoring device installed by a law enforcement agency and used 156
solely for legitimate law enforcement purposes. 157
(12) The agency may adopt rules to implement this section. 158
Section 2. Section 429.265, Florida Statutes, is created 159
to read: 160
429.265 Electronic monitoring devices in residents' 161
rooms.— 162
(1) As used in this section, the term: 163
(a) "Electronic monitoring device" means a surveillance 164
instrument with a fixed-position, non-rotatable video camera, or 165
a combination thereof, which broadcasts or records movement 166
occurring in the area being surveilled. An electronic monitoring 167
device may only broadcast and record video and may not broadcast 168
or record audio. 169
(b) "Representative" means a person granted a durable 170
power of attorney under chapter 709, a guardian appointed under 171
chapter 744, or a person designated as a health care surrogate 172
under chapter 765 who is authorized to make health care 173
decisions on behalf of a person. 174
(2) A resident or a resident's representative may install 175
HB 651 2026
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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
and use an electronic monitoring device in the resident's room 176
in an assisted living facility if all of the following 177
conditions are met: 178
(a) The resident or the resident's representative notifies 179
the facility in writing using the agency form adopted pursuant 180
to subsection (4). 181
(b) The cost of the device and the cost of installing, 182
maintaining, and removing the device, and providing Internet 183
access for the device, not including the cost of electricity 184
used for the device, are paid for by the resident or the 185
resident's representative. 186
(c) If the resident is living in a room with another 187
resident, the other resident or that resident's representative 188
consents to the installation and use of the device in the shared 189
room by completing the agency consent form adopted pursuant to 190
subsection (5). The other resident or that resident's 191
representative may revoke the consent at any time by providing 192
notice in writing to the facility. 193
(3)(a) If a resident living in a room with another 194
resident wishes to use an electronic monitoring device in the 195
shared room, but the other resident or his or her representative 196
refuses to consent to the installation and use of an electronic 197
monitoring device in the shared room, the facility must make a 198
reasonable attempt to accommodate the resident wishing to use 199
such device by moving that resident to another similar available 200
HB 651 2026
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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
room with the consent of such resident or his or her 201
representative. 202
(b) If the resident wishing to use an electronic 203
monitoring device lives in the same room as another resident, 204
the other resident or his or her representative may place 205
conditions on his or her consent to the use of such device, 206
including, but not limited to, pointing the device away from the 207
other resident or limiting or prohibiting the use of specific 208
devices. If conditions are placed on a resident's consent in 209
this manner, the electronic monitoring device must be installed 210
and used in a manner consistent with such conditions as long as 211
the resident who imposed the conditions is living in the same 212
room. The resident or representative imposing conditions must 213
document the conditions on the consent form adopted by the 214
agency pursuant to subsection (5), and may change the conditions 215
at any time by submitting a revised consent form. 216
(4) The agency shall adopt by rule a standard form for use 217
by a resident or his or her representative to notify an assisted 218
living facility of the intent to install and use an electronic 219
monitoring device in the facility. The form must include: 220
(a) An explanation of this section. 221
(b) An acknowledgment that the resident or his or her 222
representative has consented to the installation and use of the 223
device in the resident's room. 224
(c) An acknowledgment that the resident or his or her 225
HB 651 2026
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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
representative will comply with conditions placed on the use of 226
the electronic monitoring device by other residents of the room 227
or their representatives, if any. 228
(d) A section for providing the facility with information 229
regarding the type, function, and use of the device to be 230
installed and used. 231
(e) A statement releasing the facility from liability in 232
any civil or criminal action or administrative proceeding for a 233
violation of the resident's right to privacy in connection with 234
using the device. 235
(5) The agency shall adopt by rule a standard consent form 236
for use by a resident living in the same room as a resident who 237
intends to use an electronic monitoring device in the room. This 238
form must include: 239
(a) An explanation of this section. 240
(b) An acknowledgment that the resident or his or her 241
representative has consented to the installation and use of the 242
device in the resident's room. 243
(c) A section for listing any conditions the resident or 244
his or her representative places on the use of the device in the 245
room. 246
(d) A statement releasing the facility from liability in 247
any civil or criminal action or administrative proceeding for a 248
violation of the resident's right to privacy in connection with 249
using the device. 250
HB 651 2026
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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
(6) An assisted living facility may post a notice in a 251
conspicuous location at the entrance of a resident's room having 252
an electronic monitoring device, stating that such device is in 253
use in that room. 254
(7) An assisted living facility may not deny a person 255
admission to, or discharge a resident from, the facility or 256
otherwise discriminate or retaliate against a resident based on 257
his or her decision to install and use an electronic monitoring 258
device in the resident's room at the facility. The agency shall 259
fine an assisted living facility $500 for each violation of this 260
subsection. 261
(8) It is unlawful for a person, other than the resident 262
and resident's representative, if any, who owns an electronic 263
monitoring device in the resident's room in an assisted living 264
facility, to intentionally obstruct, tamper with, or destroy the 265
device or a recording made by the device. A person who violates 266
this subsection commits a misdemeanor of the first degree, 267
punishable as provided in s. 775.082 or s. 775.083. 268
(9) A person may not intentionally view the images 269
broadcast or recorded by an electronic monitoring device 270
installed in a resident's room, unless that person is: 271
(a) The resident; 272
(b) The resident's representative; 273
(c) Law enforcement personnel; or 274
(d) An individual authorized by the resident or the 275
HB 651 2026
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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
resident's representative to view the images broadcast or 276
recorded by the device. 277
(10) A person may not intentionally publish or otherwise 278
make available on the Internet, in a manner accessible to the 279
general public, the images broadcast or recorded by an 280
electronic monitoring device installed in a resident's room. 281
(11) This section does not apply to an electronic 282
monitoring device installed by a law enforcement agency and used 283
solely for legitimate law enforcement purposes. 284
(12) The agency may adopt rules to implement this section. 285
Section 3. This act shall take effect July 1, 2026. 286