FL S2014

Nursing homes and assisted living facilities must allow residents, their personal representatives, surrogates, or guardians to install electronic monitoring devices (video cameras with or without audio, or audio devices) in resident rooms.

Facilities must post notice on the hall door of monitored rooms, make reasonable physical accommodations for device installation and power access, and may require monitoring requests in writing and conducted in plain view.

Facilities cannot inquire about prospective residents' monitoring plans, refuse admission, or remove residents based on requests to use electronic monitoring devices; must inform residents of their right to electronic monitoring.

Administrators who knowingly refuse to allow electronic monitoring or who refuse admission/allow removal based on monitoring requests commit second-degree misdemeanors; employees who intentionally damage or tamper with devices or recordings commit first-degree misdemeanors.

Facilities that violate provisions are subject to fines not exceeding $500 per violation per day; written consent from the resident or representative is required before facility staff can hamper, obstruct, tamper with, or destroy monitoring devices or recordings.