SB 64: Allowing Cameras in Long-Term Care Facilities in Florida

Yes, a family can usually place a camera in a loved one's Florida nursing home or assisted living room, but there is no state law that gives an automatic right to do it. Whether a camera is allowed comes down to consent and the facility's own policy, because SB 64, the bill written to create that right, did not become law. Three things govern the decision today. The resident or their legal representative should consent, a roommate has to agree if the room is shared, and the facility may set reasonable conditions on how a device is used. One caution outweighs the rest. Video is generally fine with consent, but recording audio of private conversations without everyone's permission is a felony in Florida, so most families stay with a video-only setup. This article walks through what the law actually permits now and what SB 64 would have changed.

What Happened to SB 64?

SB 64, introduced by Senator Ileana Garcia, would have given nursing home and assisted living residents a clear statutory right to install a fixed-position electronic monitoring device, meaning a video camera, an audio recorder, or both, in their own rooms. It set out a full framework: resident consent, roommate consent in shared rooms, facility notice signs, a ban on posting footage online, and penalties for facilities that retaliated. The bill was set to take effect July 1, 2025.

It did not get there. According to the Florida Senate's official bill history, SB 64 died in the Health Policy Committee on June 16, 2025, and was never enacted. Its House companion, HB 223, advanced through a subcommittee but also failed before the session ended. As of July 2026, no dedicated granny cam statute exists in Florida, and no version has passed in the sessions since.

How the Law Treats Cameras in Florida Facilities Right Now

Because no statute either grants or forbids these devices, Florida sits in a gray area that a legislative analysis described plainly: current law does not authorize or prohibit electronic monitoring devices in nursing homes and assisted living facilities. Some facilities permit them, some do not, and the facility generally holds the control. In practice, that means a camera is workable when a few conditions line up.

• The resident consents, or if the resident lacks capacity, their health care surrogate or guardian consents on their behalf.
• A roommate in a shared room agrees, since that person's privacy is also at stake.
• The facility's policy allows it, or the facility agrees in writing to permit it.

Getting that agreement in writing is the practical safeguard families rely on, and it pairs naturally with the advance directives and health care surrogate designation that let a trusted person make these decisions when the resident cannot.

The Audio Recording Trap Families Miss

This is the single most important point on the page, and the failed bill would have changed it. Florida is an all-party consent state under Fla. Stat. § 934.03. Recording a private conversation without the consent of every person in it is a third-degree felony, punishable by up to five years in prison and a $5,000 fine, and the recorded person can also sue for civil damages.

A silent video camera does not run into this problem, because it captures images rather than private conversations. The moment audio is added, though, every caregiver, visitor, and roommate who speaks in that room has to consent, or the person doing the recording risks a felony. This is why so many Florida families deliberately choose a video-only device, and why posting facility footage online can create separate exposure. When abuse is genuinely suspected, the safer route is to report it and let investigators gather evidence lawfully.

Why Families Want Cameras at All

The pressure behind bills like SB 64 is real. Reporting by the Tampa Bay Times found that serious violations in Florida nursing homes nearly doubled after 2019 compared with the prior six years, with more than 80 citations in a single recent year for deficiencies tied to neglect, abuse, or care that put residents at risk. Florida has the nation's second-largest senior population, so the stakes are unusually high here.

A camera can deter mistreatment, reassure a distant family, and preserve evidence when something goes wrong. It is one tool among several. It works best alongside frequent visits, careful facility selection, and a clear plan for who is legally authorized to act, which is where a broader Florida guardianship and surrogate planning comes in. Cameras document problems, but planning prevents them.

If You Suspect Abuse or Neglect

Footage is not the first step; reporting is. Florida law routes suspected mistreatment through two channels. Suspected abuse, neglect, or exploitation goes to the Florida Abuse Hotline, and complaints about a facility's care go to the Agency for Health Care Administration, which licenses nursing homes and assisted living facilities and investigates violations. A report triggers an official investigation in a way a private recording cannot.

If the situation may involve financial harm, an unsafe discharge, or a fight over who speaks for the resident, an elder law attorney can help sort out rights and next steps. Families already navigating long-term care Medicaid often fold these protections into the same plan.

Key Takeaways

• SB 64 and its House companion HB 223 both died in 2025, so Florida still has no statute creating a right to install cameras in care facilities.
• A camera is usually workable with resident consent, roommate consent in shared rooms, and facility permission, ideally in writing.
• Audio recording of private conversations without all-party consent is a felony under Fla. Stat. § 934.03, so most families use video only.
• Suspected abuse should be reported to the Florida Abuse Hotline and AHCA, which can investigate in ways a private recording cannot.

Frequently Asked Questions

Q. Can I legally put a camera in a Florida nursing home room in 2026?

A. Yes, in most cases, but not automatically. No Florida statute grants an across-the-board right, so it comes down to consent and facility policy. The resident or their representative should consent, a roommate must agree, and the facility may set reasonable conditions.

Q. Did SB 64 pass in Florida?

A. No. SB 64 died in the Senate Health Policy Committee on June 16, 2025, and its House companion, HB 223, also failed to pass before the session ended. Neither became law, so there is still no dedicated granny cam statute in Florida.

Q. Is it legal to record audio in a Florida nursing home room?

A. Be careful here. Florida is an all-party consent state under Fla. Stat. § 934.03. Recording a private conversation without the consent of everyone involved is a third-degree felony. Many families use video-only cameras to stay on the safe side.

Q. Can a nursing home stop me from installing a camera?

A. Possibly. Because no statute protects the right, a facility's own policy controls. Some Florida facilities allow cameras, others restrict them. Ask about the policy in writing before admission, and get any agreement to allow a camera in writing too.

Q. What should I do if I suspect abuse or neglect?

A. Report it to the Florida Abuse Hotline and to the Agency for Health Care Administration, which licenses these facilities. A camera can support a report, but the report itself triggers an investigation. An elder law attorney can advise on next steps.

Protect a Loved One in Long-Term Care

If you are weighing a camera for a parent or spouse in a Florida facility, a little groundwork keeps you on the right side of the law and ready to act. Start by asking the facility for its monitoring policy in writing, because that document tells you immediately whether a camera is welcome or restricted. Next, confirm who holds the health care surrogate or guardianship authority to consent for the resident, since that person's signature is what makes a camera lawful when the resident cannot decide alone. Then talk with an elder law attorney about layering monitoring into a broader protection plan. The benefit, in everyday terms, is confidence. You gain a way to watch over a loved one without stumbling into a felony recording violation, and you know exactly how to escalate if something looks wrong. Elder Needs Law, PLLC serves families across Florida, and thinking this through before placement beats scrambling after a problem appears.