THE BILL ITSELF
HB 651
Electronic Monitoring Devices in Long-term Care Facilities
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A bill to be entitled
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An act relating to electronic monitoring devices in
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long-term care facilities; creating ss. 400.025 and
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429.265, F.S.; defining the terms "electronic
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monitoring device" and "representative"; authorizing a
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resident, or his or her representative, of a nursing
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home facility or assisted living facility,
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respectively, to install and use an electronic
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monitoring device in the resident's room if specified
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conditions are met; providing for notice; providing
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for consent of a resident living in a shared room with
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a resident who intends to install a device;
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authorizing the other resident or his or her
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representative to impose conditions on the consent;
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providing for withdrawal of consent and modification
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of conditions; requiring the Agency for Health Care
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Administration to adopt forms by rule; providing
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requirements for the forms; prohibiting facilities
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from denying admission or otherwise discriminating
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against a resident for installing an electronic
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monitoring device; providing an administrative
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penalty; providing a criminal penalty for unlawfully
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obstructing, tampering with, or destroying an
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electronic monitoring device or a recording made by
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such device; specifying who may view images broadcast
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or recorded by an electronic monitoring device;
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providing applicability; authorizing the agency to
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adopt rules; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 400.025, Florida Statutes, is created
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to read:
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400.025 Electronic monitoring devices in residents'
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rooms.—
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(1) As used in this section, the term:
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(a) "Electronic monitoring device" means a surveillance
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instrument with a fixed-position, non-rotatable video camera, or
39
a combination thereof, which broadcasts or records movement
40
occurring in the area being surveilled. An electronic monitoring
41
device may only broadcast and record video and may not broadcast
42
or record audio.
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(b) "Representative" means a person granted a durable
44
power of attorney under chapter 709, a guardian appointed under
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chapter 744, or a person designated as a health care surrogate
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under chapter 765 who is authorized to make health care
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decisions on behalf of a person.
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(2) A resident or a resident's representative may install
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and use an electronic monitoring device in the resident's room
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in a nursing home facility if all of the following conditions
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are met:
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(a) The resident or the resident's representative notifies
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the facility in writing using the agency form adopted pursuant
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to subsection (4).
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(b) The cost of the device and the cost of installing,
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maintaining, and removing the device, and providing Internet
57
access for the device, not including the cost of electricity
58
used for the device, are paid for by the resident or the
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resident's representative.
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(c) If the resident is living in a room with another
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resident, the other resident or that resident's representative
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consents to the installation and use of the device in the shared
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room by completing the agency consent form adopted pursuant to
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subsection (5). The other resident or that resident's
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representative may revoke the consent at any time by providing
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notice in writing to the facility.
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(3)(a) If a resident living in a room with another
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resident wishes to use an electronic monitoring device in the
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shared room, but the other resident or his or her representative
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refuses to consent to the installation and use of an electronic
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monitoring device in the shared room, the facility must make a
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reasonable attempt to accommodate the resident wishing to use
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such device by moving that resident to another similar available
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room with the consent of such resident or his or her
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representative.
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(b) If the resident wishing to use an electronic
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monitoring device lives in the same room as another resident,
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the other resident or his or her representative may place
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conditions on his or her consent to the use of such device,
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including, but not limited to, pointing the device away from the
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other resident or limiting or prohibiting the use of specific
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devices. If conditions are placed on a resident's consent in
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this manner, the electronic monitoring device must be installed
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and used in a manner consistent with such conditions as long as
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the resident who imposed the conditions is living in the same
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room. The resident or representative imposing conditions must
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document the conditions on the consent form adopted by the
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agency pursuant to subsection (5), and may change the conditions
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at any time by submitting a revised consent form.
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(4) The agency shall adopt by rule a standard form for use
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by a resident or his or her representative to notify a nursing
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home facility of the intent to install and use an electronic
93
monitoring device in the facility. The form must include:
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(a) An explanation of this section.
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(b) An acknowledgment that the resident or his or her
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representative has consented to the installation and use of the
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device in the resident's room.
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(c) An acknowledgment that the resident or his or her
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representative will comply with conditions placed on the use of
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the electronic monitoring device by other residents of the room
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or their representatives, if any.
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(d) A section for providing the facility with information
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regarding the type, function, and use of the device to be
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installed and used.
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(e) A statement releasing the facility from liability in
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any civil or criminal action or administrative proceeding for a
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violation of the resident's right to privacy in connection with
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using the device.
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(5) The agency shall adopt by rule a standard consent form
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for use by a resident living in the same room as a resident who
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intends to use an electronic monitoring device in the room. This
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form must include:
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(a) An explanation of this section.
114
(b) An acknowledgment that the resident or his or her
115
representative has consented to the installation and use of the
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device in the resident's room.
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(c) A section for listing any conditions the resident or
118
his or her representative places on the use of the device in the
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room.
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(d) A statement releasing the facility from liability in
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any civil or criminal action or administrative proceeding for a
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violation of the resident's right to privacy in connection with
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using the device.
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(6) A nursing home facility may post a notice in a
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conspicuous location at the entrance of a resident's room having
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an electronic monitoring device, stating that such device is in
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use in that room.
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(7) A nursing home facility may not deny a person
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admission to, or discharge a resident from, the facility or
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otherwise discriminate or retaliate against a resident based on
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his or her decision to install and use an electronic monitoring
132
device in the resident's room at the facility. The agency shall
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fine a nursing home facility $500 for each violation of this
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subsection.
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(8) It is unlawful for a person, other than the resident
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and resident's representative, if any, who owns an electronic
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monitoring device in the resident's room in a nursing home
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facility, to intentionally obstruct, tamper with, or destroy the
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device or a recording made by the device. A person who violates
140
this subsection commits a misdemeanor of the first degree,
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punishable as provided in s. 775.082 or s. 775.083.
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(9) A person may not intentionally view the images
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broadcast or recorded by an electronic monitoring device
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installed in a resident's room, unless that person is:
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(a) The resident;
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(b) The resident's representative;
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(c) Law enforcement personnel; or
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(d) An individual authorized by the resident or the
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resident's representative to view the images broadcast or
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recorded by the device.
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(10) A person may not intentionally publish or otherwise
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make available on the Internet, in a manner accessible to the
153
general public, the images broadcast or recorded by an
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electronic monitoring device installed in a resident's room.
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(11) This section does not apply to an electronic
156
monitoring device installed by a law enforcement agency and used
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solely for legitimate law enforcement purposes.
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(12) The agency may adopt rules to implement this section.
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Section 2. Section 429.265, Florida Statutes, is created
160
to read:
161
429.265 Electronic monitoring devices in residents'
162
rooms.—
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(1) As used in this section, the term:
164
(a) "Electronic monitoring device" means a surveillance
165
instrument with a fixed-position, non-rotatable video camera, or
166
a combination thereof, which broadcasts or records movement
167
occurring in the area being surveilled. An electronic monitoring
168
device may only broadcast and record video and may not broadcast
169
or record audio.
170
(b) "Representative" means a person granted a durable
171
power of attorney under chapter 709, a guardian appointed under
172
chapter 744, or a person designated as a health care surrogate
173
under chapter 765 who is authorized to make health care
174
decisions on behalf of a person.
175
(2) A resident or a resident's representative may install
176
and use an electronic monitoring device in the resident's room
177
in an assisted living facility if all of the following
178
conditions are met:
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(a) The resident or the resident's representative notifies
180
the facility in writing using the agency form adopted pursuant
181
to subsection (4).
182
(b) The cost of the device and the cost of installing,
183
maintaining, and removing the device, and providing Internet
184
access for the device, not including the cost of electricity
185
used for the device, are paid for by the resident or the
186
resident's representative.
187
(c) If the resident is living in a room with another
188
resident, the other resident or that resident's representative
189
consents to the installation and use of the device in the shared
190
room by completing the agency consent form adopted pursuant to
191
subsection (5). The other resident or that resident's
192
representative may revoke the consent at any time by providing
193
notice in writing to the facility.
194
(3)(a) If a resident living in a room with another
195
resident wishes to use an electronic monitoring device in the
196
shared room, but the other resident or his or her representative
197
refuses to consent to the installation and use of an electronic
198
monitoring device in the shared room, the facility must make a
199
reasonable attempt to accommodate the resident wishing to use
200
such device by moving that resident to another similar available
201
room with the consent of such resident or his or her
202
representative.
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(b) If the resident wishing to use an electronic
204
monitoring device lives in the same room as another resident,
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the other resident or his or her representative may place
206
conditions on his or her consent to the use of such device,
207
including, but not limited to, pointing the device away from the
208
other resident or limiting or prohibiting the use of specific
209
devices. If conditions are placed on a resident's consent in
210
this manner, the electronic monitoring device must be installed
211
and used in a manner consistent with such conditions as long as
212
the resident who imposed the conditions is living in the same
213
room. The resident or representative imposing conditions must
214
document the conditions on the consent form adopted by the
215
agency pursuant to subsection (5), and may change the conditions
216
at any time by submitting a revised consent form.
217
(4) The agency shall adopt by rule a standard form for use
218
by a resident or his or her representative to notify an assisted
219
living facility of the intent to install and use an electronic
220
monitoring device in the facility. The form must include:
221
(a) An explanation of this section.
222
(b) An acknowledgment that the resident or his or her
223
representative has consented to the installation and use of the
224
device in the resident's room.
225
(c) An acknowledgment that the resident or his or her
226
representative will comply with conditions placed on the use of
227
the electronic monitoring device by other residents of the room
228
or their representatives, if any.
229
(d) A section for providing the facility with information
230
regarding the type, function, and use of the device to be
231
installed and used.
232
(e) A statement releasing the facility from liability in
233
any civil or criminal action or administrative proceeding for a
234
violation of the resident's right to privacy in connection with
235
using the device.
236
(5) The agency shall adopt by rule a standard consent form
237
for use by a resident living in the same room as a resident who
238
intends to use an electronic monitoring device in the room. This
239
form must include:
240
(a) An explanation of this section.
241
(b) An acknowledgment that the resident or his or her
242
representative has consented to the installation and use of the
243
device in the resident's room.
244
(c) A section for listing any conditions the resident or
245
his or her representative places on the use of the device in the
246
room.
247
(d) A statement releasing the facility from liability in
248
any civil or criminal action or administrative proceeding for a
249
violation of the resident's right to privacy in connection with
250
using the device.
251
(6) An assisted living facility may post a notice in a
252
conspicuous location at the entrance of a resident's room having
253
an electronic monitoring device, stating that such device is in
254
use in that room.
255
(7) An assisted living facility may not deny a person
256
admission to, or discharge a resident from, the facility or
257
otherwise discriminate or retaliate against a resident based on
258
his or her decision to install and use an electronic monitoring
259
device in the resident's room at the facility. The agency shall
260
fine an assisted living facility $500 for each violation of this
261
subsection.
262
(8) It is unlawful for a person, other than the resident
263
and resident's representative, if any, who owns an electronic
264
monitoring device in the resident's room in an assisted living
265
facility, to intentionally obstruct, tamper with, or destroy the
266
device or a recording made by the device. A person who violates
267
this subsection commits a misdemeanor of the first degree,
268
punishable as provided in s. 775.082 or s. 775.083.
269
(9) A person may not intentionally view the images
270
broadcast or recorded by an electronic monitoring device
271
installed in a resident's room, unless that person is:
272
(a) The resident;
273
(b) The resident's representative;
274
(c) Law enforcement personnel; or
275
(d) An individual authorized by the resident or the
276
resident's representative to view the images broadcast or
277
recorded by the device.
278
(10) A person may not intentionally publish or otherwise
279
make available on the Internet, in a manner accessible to the
280
general public, the images broadcast or recorded by an
281
electronic monitoring device installed in a resident's room.
282
(11) This section does not apply to an electronic
283
monitoring device installed by a law enforcement agency and used
284
solely for legitimate law enforcement purposes.
285
(12) The agency may adopt rules to implement this section.
286
Section 3. This act shall take effect July 1, 2026.