Bill would require video review of contracts for the elderly and disabled
The bill defines a contract as 'any agreement that affects an individual’s legal rights or property, including documents conferring power of attorney or a deed instrument'
Sen. Ileana Garcia
A South Florida lawmaker wants to require contracting parties to give elderly and disabled adults a video-recorded “comprehensive review” of the contract terms before signing.
Sen. Ileana Garcia, R-Miami, filed SB 120 on October 7.
The “Elderly and Disabled Adult Contract Protection Act” is part of her campaign to protect the rights of Florida’s most vulnerable, Garcia said in a statement.
“The bill includes protections to make certain that an elder or person with a disability is not under duress or undue influence during the contracting process.”
A veteran lawmaker and South Florida TV host, Garcia chairs the Senate Appropriations Committee on Criminal and Civil Justice.
The bill defines a contract as “any agreement that affects an individual’s legal rights or property, including documents conferring power of attorney or a deed instrument.”
It defines “elderly” as anyone 60 or older, and a disabled adult as anyone between 18 and 60 “who has one or more permanent physical or mental limitations that restrict his or her ability to perform the normal activities of daily living or impede his or her capacity to live independently.”
The bill mandates a “comprehensive review” of the “contract’s terms and implications” in the elderly or disabled party’s primary language.
A “Verification of Understanding” subsection states that “before an elderly or disabled adult signs any contract that involves the transfer or waiver of rights, including but not limited to, contracts related to powers of attorney, deeds, financial records, or medical records, the contracting party must provide a comprehensive review of the contract.”
The comprehensive review “must include a detailed explanation of all terms and implications of the contract,” the bill states.
The contracting party would be required to securely store the recording for a minimum of five years. Access to the recording would only be gained by obtaining the elderly or disabled party’s consent, or “as required by law,” the bill states.
A contracting party that fails to comply could face fines of $10,000 for a first violation, and $25,000 for subsequent violations, according to the bill
The bill also states that individuals “harmed” by violations of the act “may” pursue civil remedies that include “the rescission of the contract” and damages.
The bill has no companion.
Lawmakers convene the next regular 60-day session on January 13, 2026.
