HB 223 — Electronic Monitoring Devices in Long-term Care Facilities
Last action — Died in Judiciary Committee
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✓Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Summary
Electronic Monitoring Devices in Long-term Care Facilities; Defines "electronic monitoring device" & "representative"; authorizes resident, or his or her representative, of nursing home facility or assisted living facility, respectively, to install & use electronic monitoring device in resident's room if specified conditions are met; provides for consent of resident living in shared room with resident who intends to install device; authorizes other resident or his or her representative to impose conditions on consent; provides for withdrawal of consent & modification of conditions; requires AHCA to adopt forms by rule; prohibits facilities from denying admission or otherwise discriminating against resident for installing electronic monitoring device; provides administrative penalty; provides criminal penalty for unlawfully obstructing, tampering with, or destroying electronic monitoring device or recording made by such device; specifies who may view or listen to images & sounds broadcast or recorded by electronic monitoring device.
Bill Text
What changed in the latest version
314 added · 282 removed314 line(s) added, 282 removed.
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 HBCS/HB 223 2025 A bill to be entitled An act relating to electronic monitoring devices in long-term care facilities;
authorizing a resident, or his or her representative, of a nursing home facility or assisted living facility, respectively, to authorizeinstall the installation and use of an electronic monitoring device in the resident's room if specified conditions are met;
providing for installationnotice; and use of such device if the resident lives in a shared room with another resident with the consent of the other resident or his or her representative;
providing for consent of a resident living in a shared room with a resident who intends to install a device;
providing thatfor consentwithdrawal mayof beconsent withdrawnand atmodification anyof time,conditions; verbally or in writing;
authorizingrequiring facilitiesthe Agency for Health Care Administration to adopt aforms consentby form;rule;
providing requirements for the form;forms;
prohibiting facilities from denying admission to a person or discharging a resident or otherwise discriminating or retaliating against a resident for theinstalling decision to install and use an electronic monitoring devicedevice; in the resident's room;
providing a criminal penalty for unlawfully obstructing, tampering Pagewith, 1or ofdestroying 11an CODING:electronic monitoring device or a recording made by such device;
specifying who may view or listen to Page 1 of 12 CODING:
hb223-00hb223-01-c1 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 HBCS/HB 223 2025 with,images orand destroyingsounds anbroadcast electronic monitoring device or arecorded recordingby madean byelectronic suchmonitoring device;
specifying who may view or listen to images and sounds broadcast or recorded by an electronic monitoring device;
(a) "Electronic monitoring device" means a surveillance instrument with a fixed-positionfixed-position, non-rotatable video camera or an audio recording device, or a combination thereof, which broadcasts or records movement or sounds occurring in the area being surveilled.
(2) A resident or a resident's representative may install and use an electronic monitoring device in the resident's room in a nursing home facility if all of the following conditions Page 2 of 1112 CODING:
hb223-00hb223-01-c1 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 HBCS/HB 223 2025 (2) A resident or a resident's representative may authorize the installation and use of an electronic monitoring device in the resident's room in a nursing home facility if all of the following conditions are met:
(a) IfThe theresident facilityor hasthe adoptedresident's arepresentative consentnotifies formthe pursuantfacility toin subsectionwriting (5),using the residentagency orform theadopted resident'spursuant representativeto completessubsection the(4). form.
(b) The cost of the device and the cost of installing, maintaining, and removing the device, and providing Internet access for the device, not including the cost of electricity used for the device, are paid for by the resident or the resident's representative.
(c) If the resident is living in a room with another resident, the other resident or that resident's representative consents to the installation and use of the device in the shared room.room by completing the agency consent form adopted pursuant to subsection (5).
IfThe theother facilityresident hasor adoptedthat aresident's consentrepresentative formmay pursuantrevoke tothe subsection (5), such consent mustat beany obtainedtime by havingproviding thenotice otherin residentwriting orto his or her representative complete the form.facility.
(3)(a) If a resident living in a room with another resident wishes to use an electronic monitoring device in the residents' shared room, but the other resident or his or her representative refuses to consentconsent, to the installation and use of an electronic monitoring device in the shared room, the facility must make a reasonable attempt to accommodate the resident wishing to use such device by moving onethat ofresident the residents to another similar available room with the consent of such resident or his Pageor 3her ofrepresentative. 11 CODING:
(b) If the resident wishing to use an electronic monitoring device lives in the same room as another resident, Page 3 of 12 CODING:
hb223-00hb223-01-c1 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 HBCS/HB 223 2025 the other resident or his or her representative.representative may place conditions on his or her consent to the use of such device, including, but not limited to, pointing the device away from the other resident or limiting or prohibiting the use of specific devices.
(b) If the resident wishing to use an electronic monitoring device lives in the same room as another resident, the other resident or his or her representative may place conditions on his or her consent to the use of such device, including, but not limited to, pointing the device away from the other resident or limiting or prohibiting the use of specific devices.
(4)The A resident or hisrepresentative orimposing herconditions representativemust whodocument hasthe authorizedconditions on the installationconsent andform useadopted ofby anthe electronicagency monitoringpursuant deviceto undersubsection this(5), sectionand may withdrawchange thatthe authorizationconditions verballyat orany intime writingby atsubmitting anya time.revised consent form.
(5)(4) AThe nursingagency homeshall facilityadopt mayby adoptrule a consentstandard form for installationuse andby usea resident or his or her representative to notify a nursing home facility of the intent to install and use an electronic monitoring device in the facility.
SuchThe form must,must atinclude: a minimum, include all of the following:
(c) IfAn acknowledgment that the resident requestingor installationhis andor her representative will comply with conditions placed on the use of the Pageelectronic 4monitoring device by other residents of 11the CODING:room or their representatives, if any.
(d) A section for providing the facility with information Page 4 of 12 CODING:
hb223-00hb223-01-c1 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 HBCS/HB 223 2025 electronicregarding monitoring device lives in a room with another resident, an acknowledgment that the othertype, residentfunction, or other resident's representative has consented to the installation and use of the device andto abe descriptioninstalled ofand anyused. conditions placed on that consent as authorized under paragraph (3)(b).
(d)(e) A sectionstatement forreleasing providing the facility withfrom informationliability regardingin theany type,civil function,or andcriminal useaction or administrative proceeding for a violation of the deviceresident's right to beprivacy installedin andconnection used.with using the device.
(e)(5) AThe sectionagency statingshall thatadopt theby facilityrule isa releasedstandard fromconsent liabilityform infor anyuse civilby ora criminalresident actionliving orin administrativethe proceedingsame forroom as a violationresident ofwho theintends resident's right to privacyuse inan connectionelectronic withmonitoring usingdevice in the device.room.
This form must include:
(a) An explanation of this section.
(b) An acknowledgment that the resident or his or her representative has consented to the installation and use of the device in the resident's room.
(c) A section for listing any conditions the resident or his or her representative places on the use of the device in the room.
(d) A statement releasing the facility from liability in any civil or criminal action or administrative proceeding for a violation of the resident's right to privacy in connection with using the device.
(7)Page A5 nursingof home12 facilityCODING: may not deny a person admission to, or discharge a resident from, the facility or otherwise discriminate or retaliate against a resident based on his or her decision to install and use an electronic monitoring device in the resident's room at the facility.
The agency shall fine a nursing home facility $500 for each violation of this subsection.
(8) It is unlawful for a person, other than the resident and resident's representative, if any, who authorized the Page 5 of 11 CODING:
hb223-00hb223-01-c1 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 HBCS/HB 223 2025 installation(7) andA usenursing ofhome anfacility electronicmay monitoringnot devicedeny ina theperson resident'sadmission roomto, inor discharge a nursingresident homefrom, facility,the tofacility intentionallyor obstruct,otherwise tamperdiscriminate with,or retaliate against a resident based on his or destroyher thedecision to install and use an electronic monitoring device orin athe recordingresident's maderoom byat the device.facility.
Show all 85 changed lines (45 more)
The agency shall fine a nursing home facility $500 for each violation of this subsection.
(8) It is unlawful for a person, other than the resident and resident's representative, if any, who owns an electronic monitoring device in the resident's room in a nursing home facility, to intentionally obstruct, tamper with, or destroy the device or a recording made by the device.
(10) ThisA sectionperson doesmay not applyintentionally topublish anor electronicotherwise monitoringPage device6 installedof by12 aCODING: law enforcement agency and used solely for legitimate law enforcement purposes.
(11)Words Thestricken agencyare maydeletions; adopt rules to implement this section.
words underlined are additions.
hb223-01-c1 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 CS/HB 223 2025 make available on the Internet, in a manner accessible to the general public, the images and sounds broadcast or recorded by an electronic monitoring device installed in a resident's room.
(11) This section does not apply to an electronic monitoring device installed by a law enforcement agency and used solely for legitimate law enforcement purposes.
(12) The agency may adopt rules to implement this section.
Page(a) 6"Electronic ofmonitoring 11device" CODING:means a surveillance instrument with a fixed-position, non-rotatable video camera or audio recording device, or a combination thereof, which broadcasts or records movement or sounds occurring in the area being surveilled.
(b) "Representative" means a person granted a durable power of attorney under chapter 709, a guardian appointed under chapter 744, or a person designated as a health care surrogate under chapter 765 who is authorized to make health care decisions on behalf of a person.
(2) A resident or a resident's representative may install and use an electronic monitoring device in the resident's room in an assisted living facility if all of the following Page 7 of 12 CODING:
hb223-00hb223-01-c1 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 HBCS/HB 223 2025 (a)conditions "Electronicare monitoringmet: device" means a surveillance instrument with a fixed-position video camera or an audio recording device, or a combination thereof, which broadcasts or records movement or sounds occurring in the area being surveilled.
(b)(a) "Representative"The meansresident a person granted a durable power of attorney under chapter 709, a guardian appointed under chapter 744, or athe personresident's designatedrepresentative asnotifies athe healthfacility carein surrogatewriting underusing chapterthe 765agency whoform isadopted authorizedpursuant to makesubsection health(4). care decisions on behalf of a person.
(2)(b) AThe residentcost orof athe resident'sdevice representativeand maythe authorizecost of installing, maintaining, and removing the installationdevice, and useproviding ofinternet anaccess electronicfor monitoringthe devicedevice, innot including the resident'scost roomof inelectricity anused assistedfor livingthe facilitydevice, ifare allpaid offor by the followingresident conditionsor arethe met:resident's representative.
(a)(c) If the facilityresident hasis adoptedliving in a consentroom formwith pursuantanother toresident, subsection (5), the other resident or thethat resident's representative completesconsents to the form.installation and use of the device in the shared room by completing the agency consent form adopted pursuant to subsection (5).
(b) The costother ofresident theor devicethat andresident's therepresentative costmay ofrevoke installing, maintaining, and removing the device,consent notat includingany thetime costby ofproviding electricitynotice usedin forwriting theto device, are paid for by the residentfacility. or the resident's representative.
(c)(3)(a) If thea resident is living in a room with another resident,resident wishes to use an electronic monitoring device in the shared room, but the other resident or thathis resident'sor her representative consentsrefuses to consent to the installation and use of thean electronic monitoring device in the shared room.room, the facility must make a reasonable attempt to accommodate the resident wishing to use such device by moving that resident to another similar available room with the consent of such resident or his or her representative.
If the facility has adopted a consent form pursuant to Page 78 of 1112 CODING:
hb223-00hb223-01-c1 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 HBCS/HB 223 2025 subsection(b) (5),If suchthe consentresident mustwishing beto obtaineduse byan havingelectronic monitoring device lives in the same room as another resident, the other resident or his or her representative completemay place conditions on his or her consent to the form.use of such device, including, but not limited to, pointing the device away from the other resident or limiting or prohibiting the use of specific devices.
(3)(a) If a resident living in a room with another resident wishes to use an electronic monitoring device in the residents' shared room, but the other resident or his or her representative refuses to consent to the installation and use of an electronic monitoring device in the shared room, the facility must make a reasonable attempt to accommodate the resident wishing to use such device by moving one of the residents to another available room with the consent of such resident or his or her representative.
(b) If the resident wishing to use an electronic monitoring device lives in the same room as another resident, the other resident or his or her representative may place conditions on his or her consent to the use of such device, including, but not limited to, pointing the device away from the other resident or limiting or prohibiting the use of specific devices.
(4)The A resident or hisrepresentative orimposing herconditions representativemust whodocument hasthe authorizedconditions on the installationconsent andform useadopted ofby anthe electronicagency monitoringpursuant deviceto undersubsection this(5), sectionand may withdrawchange thatthe authorizationconditions Pageat 8any oftime 11by CODING:submitting a revised consent form.
(4) The agency shall adopt by rule a standard form for use by a resident or his or her representative to notify an assisted living facility of the intent to install and use an electronic monitoring device in the facility.
The form must include:
(a) An explanation of this section.
(b) An acknowledgment that the resident or his or her representative has consented to the installation and use of the device in the resident's room.
(c) An acknowledgment that the resident or his or her representative will comply with conditions placed on the use of the electronic monitoring device by other residents of the room Page 9 of 12 CODING:
hb223-00hb223-01-c1 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 HBCS/HB 223 2025 verbally or intheir writingrepresentatives, atif anyany. time.
(5)(d) AnA assistedsection livingfor facilityproviding maythe adoptfacility awith consentinformation formregarding forthe installationtype, function, and use of anthe electronicdevice monitoringto devicebe ininstalled theand facility.used.
Such(e) formA must,statement atreleasing athe minimum,facility includefrom allliability in any civil or criminal action or administrative proceeding for a violation of the following:resident's right to privacy in connection with using the device.
(5) The agency shall adopt by rule a standard consent form for use by a resident living in the same room as a resident who intends to use an electronic monitoring device in the room.
This form must include:
(c) IfA thesection residentfor requestinglisting installationany andconditions use of the electronic monitoring device lives in a room with another resident, an acknowledgment that the other resident or otherhis resident'sor her representative hasplaces consentedon to the installation and use of the device andin athe descriptionroom. of any conditions placed on that consent as authorized under paragraph (3)(b).
(d) A sectionstatement forreleasing providing the facility withfrom informationliability regardingin theany type,civil function,or andcriminal useaction or administrative proceeding for a violation of the deviceresident's right to beprivacy installedin andconnection used.with using the device.
(e)(6) AAn sectionassisted statingliving that the facility ismay releasedpost froma liabilitynotice in anya civilconspicuous orlocation criminalat actionthe orentrance administrativeof proceeding for a violation of the resident's rightroom tohaving privacyPage in10 connectionof with12 usingCODING: the device.
(6) An assisted living facility may post a notice in a conspicuous location at the entrance of a resident's room having an electronic monitoring device, stating that such device is in Page 9 of 11 CODING:
hb223-00hb223-01-c1 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 HBCS/HB 223 2025 an electronic monitoring device, stating that such device is in use in that room.
(8) It is unlawful for a person, other than the resident and resident's representative, if any, who authorizedowns the installation and use of an electronic monitoring device in the resident's room in an assisted living facility, to intentionally obstruct, tamper with, or destroy the device or a recording made by the device.
or (d) An individual authorized by the resident or the resident's representative to view or listen to the images and Page 1011 of 1112 CODING:
hb223-00hb223-01-c1 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 HBCS/HB 223 2025 sounds broadcast or recorded by the device.
(10) ThisA sectionperson doesmay not applyintentionally topublish anor electronicotherwise monitoringmake deviceavailable installedon bythe Internet, in a lawmanner enforcementaccessible agencyto the general public, the images and usedsounds solelybroadcast foror legitimaterecorded lawby enforcementan purposes.electronic monitoring device installed in a resident's room.
(11) TheThis agencysection maydoes adoptnot rulesapply to implementan thiselectronic section.monitoring device installed by a law enforcement agency and used solely for legitimate law enforcement purposes.
(12) The agency may adopt rules to implement this section.
Page 1112 of 1112 CODING:
hb223-00hb223-01-c1
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View plain text versions (2)
- H 223 c1 View text Current pdf
- Introduced H 223 Filed pdf
Action History
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Died in Judiciary Committee
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Indefinitely postponed and withdrawn from consideration
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1st Reading (Committee Substitute 1)
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1st Reading (Original Filed Version)
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Now in Judiciary Committee
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Referred to Health & Human Services Committee
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Referred to Judiciary Committee
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CS Filed
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Laid on Table under Rule 7.18(a)
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Reported out of Health Care Facilities & Systems Subcommittee
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Favorable with CS by Health Care Facilities & Systems Subcommittee
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Added to Health Care Facilities & Systems Subcommittee agenda
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Now in Health Care Facilities & Systems Subcommittee
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Referred to Health & Human Services Committee
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Referred to Judiciary Committee
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Referred to Health Care Facilities & Systems Subcommittee
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Filed
Sponsors
- Mitch Rosenwald · Cosponsor
- Johanna López · Cosponsor
- Susan Plasencia · Primary
- Health Care Facilities & Systems Subcommittee · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 2 co-sponsors · 160 not signed on · 2 voted No
Sponsors (2)
- Plasencia, Susan Republican
- Health Care Facilities & Systems Subcommittee
Co-sponsors (2)
- Rosenwald, Mitch Democrat
- López, Johanna Democrat
Not signed on (160)
160 members have not signed on to this bill.
Show all 160 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 12 | 0 | 0 | 1 |
| Democrat | 2 | 2 | 0 | 1 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 15 | 2 | 0 | 2 |
| % of votes cast | 79% | 11% | 0% | 11% |
How each member voted (19)
| Member | Party | Vote |
|---|---|---|
| Casello | — | Yea |
| Bartleman, Robin | Democrat | Not Voting |
| Campbell, Daryl | Democrat | Nay |
| Franklin II, Gallop | Democrat | Nay |
| Joseph, Dotie | Democrat | Yea |
| Skidmore, Kelly | Democrat | Yea |
| Anderson, Adam | Republican | Yea |
| Barnaby, Webster | Republican | Yea |
| Booth, Erika | Republican | Yea |
| Borrero, David | Republican | Yea |
| Brackett, Robert A. "Robbie" | Republican | Yea |
| Cassel, Hillary | Republican | Yea |
| Cobb, Nan | Republican | Yea |
| Gerwig, Anne | Republican | Yea |
| Kincart Jonsson, Jennifer | Republican | Yea |
| Michael, Kiyan | Republican | Yea |
| Snyder, John | Republican | Yea |
| Steele, Kevin M. | Republican | Not Voting |
| Tramont, Chase | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 223 do?
- Electronic Monitoring Devices in Long-term Care Facilities; Defines "electronic monitoring device" & "representative"; authorizes resident, or his or her representative, of nursing home facility or assisted living facility, respectively, to install & use electronic monitoring device in resident's room if specified conditions are met; provides for consent of resident living in shared room with resident who intends to install device; authorizes other resident or his or her representative to impose conditions on consent; provides for withdrawal of consent & modification of conditions; requires AHCA to adopt forms by rule; prohibits facilities from denying admission or otherwise discriminating against resident for installing electronic monitoring device; provides administrative penalty; provides criminal penalty for unlawfully obstructing, tampering with, or destroying electronic monitoring device or recording made by such device; specifies who may view or listen to images & sounds broadcast or recorded by electronic monitoring device.
- Who sponsors HB 223?
- HB 223 is sponsored by Rosenwald, Mitch (Democrat), López, Johanna (Democrat), Plasencia, Susan (Republican), and Health Care Facilities & Systems Subcommittee.
- What is the current status of HB 223?
- This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 223?
- Track HB 223 free on One Click Politics — get push/email alerts when it moves.
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