Amendment
Bill No. CS/CS/HB 119

Amendment No. 146123

CHAMBER ACTION
Senate		House
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1	Representative Jones offered the following:
2
3	Amendment to Amendment (397883) (with title amendment)
4	Between lines 4 and 5, insert:
5	Section 104.  Section 400.0223, Florida Statutes, is
6	created to read:
7	400.0223  Resident use of electronic monitoring devices in
8	nursing homes.-
9	(1)  As used in this section, the term "electronic
10	monitoring device" means:
11	(a)  Video surveillance cameras installed in the room of a
12	resident.
13	(b)  Audio devices installed in the room of a resident
14	designed to acquire communications or other sounds occurring in
15	the room.
16	(2)  A nursing home shall permit a resident, the resident's
17	personal representative at the resident's request, the
18	resident's surrogate, or the resident's guardian to monitor the
19	room of the resident through the use of electronic monitoring
20	devices.
21	(3)  The nursing home shall require a resident, the
22	resident's personal representative at the resident's request,
23	the resident's surrogate, or the resident's guardian who
24	conducts electronic monitoring to post notice of the monitoring
25	on the hall door of the resident's room. The notice must state
26	that the room is being monitored by an electronic monitoring
27	device.
28	(4)  Electronic monitoring conducted under this section:
29	(a)  Is voluntary and may be conducted only at the request
30	and expense of the resident, the resident's personal
31	representative, the resident's surrogate, or the resident's
32	guardian.
33	(b)  Must protect the privacy rights of other residents and
34	visitors to the nursing home to the extent reasonably possible.
35	(5)(a)  A nursing home may not ask a prospective resident
36	or representative of a prospective resident who is applying to
37	reside at the facility whether the resident plans on using
38	electronic monitoring or refuse to admit a person to residency
39	in the nursing home or remove a resident from the nursing home
40	because of the resident's request to use an electronic
41	monitoring device.
42	(b)  A nursing home shall inform a resident, the resident's
43	personal representative at the resident's request, the
44	resident's surrogate, or the resident's guardian of the
45	resident's right to conduct electronic monitoring.
46	(6)  A nursing home shall make reasonable physical
47	accommodation for electronic monitoring, including:
48	(a)  Providing a reasonably secure place to mount a video
49	surveillance camera or other electronic monitoring device.
50	(b)  Providing access to power sources for the video
51	surveillance camera or other electronic monitoring device.
52	(7)  If electronic monitoring is conducted on behalf of a
53	resident, the nursing home may require the resident, the
54	resident's personal representative at the resident's request,
55	the resident's surrogate, or the resident's guardian to conduct
56	the electronic monitoring in plain view.
57	(8)  A nursing home may require a written request to
58	conduct electronic monitoring.
59	(9)  Subject to applicable rules of evidence and procedure,
60	a tape or recording created through the use of electronic
61	monitoring conducted under this section may be admitted into
62	evidence in a Florida court or administrative proceeding.
63	(10)  An administrator of a nursing home who knowingly
64	refuses to permit a resident, the resident's personal
65	representative at the resident's request, the resident's
66	surrogate, or the resident's guardian to monitor the room of the
67	resident in accordance with this section through the use of
68	electronic monitoring devices commits a misdemeanor of the
69	second degree, punishable as provided in s. 775.082 or s.
70	775.083.
71	(11)  An administrator of a nursing home who knowingly
72	refuses to admit a person to residency in the nursing home, or
73	who knowingly allows the removal of a resident from the nursing
74	home, because of a request to conduct electronic monitoring
75	under this section commits a misdemeanor of the second degree,
76	punishable as provided in s. 775.082 or s. 775.083.
77	(12)(a)  An employee, officer, or other agent of the
78	nursing home who intentionally hampers, obstructs, tampers with,
79	or destroys an electronic monitoring device installed in a
80	resident's room in accordance with this section, or a tape or
81	recording made by such a device, commits a misdemeanor of the
82	first degree, punishable as provided in s. 775.082 or s.
83	775.083.
84	(b)  It is a defense to prosecution under this subsection
85	that the employee, officer, or other agent acted with the
86	consent of the resident on whose behalf the electronic
87	monitoring device was installed, the resident's personal
88	representative at the resident's request, the resident's
89	surrogate, or the resident's guardian.
90	(c)  Prior to an employee, officer, or other agent of the
91	nursing home intentionally hampering, obstructing, tampering
92	with, or destroying an electronic monitoring device installed in
93	a resident's room in accordance with this section, or a tape or
94	recording made by such a device, written consent must be
95	obtained from the resident, the resident's personal
96	representative at the resident's request, the resident's
97	surrogate, or the resident's guardian on a form provided by the
98	agency. Such consent and form must be signed by the resident or
99	the person representing the resident who made the request and
100	one other witness.
101	(13)  A licensee who operates a nursing home in violation
102	of this section is subject to a fine not to exceed $500 per
103	violation per day, pursuant to s. 400.102.
104
105	-----------------------------------------------------
106	T I T L E  A M E N D M E N T
107	Remove line 195 and insert:
108	are not intended to be reset by this act; creating s.
109	400.0223, F.S.; authorizing electronic monitoring devices
110	in the rooms of persons residing in nursing homes and
111	providing requirements with respect thereto; providing
112	criminal and administrative penalties relating to
113	electronic monitoring devices; amending s.

CODING: Words stricken are deletions; words underlined are additions.