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FAQ

Frequently asked questions

Answers on Florida's Memory Care Services license (SB 1404), AHCA surveys, deficiency classes, fines, ALF training, and what Care Copilot is and isn't.

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Regulatory answers last checked against primary sources on November 7, 2026. They are general information, not legal advice.

What is Florida's new memory care license?

It is the Memory Care Services license, a new specialty license for assisted living facilities created by SB 1404 in 2026 (Chapter 2026-102, Laws of Florida, now section 429.076, Florida Statutes). An ALF that serves memory care residents, or advertises memory care, must hold it in addition to its standard license. The Agency for Health Care Administration (AHCA) must adopt the rules that set its minimum standards. Full details: Florida Memory Care Services license guide.

When is the deadline for the Florida memory care license?

AHCA must adopt the memory care rules by June 1, 2027, and an ALF licensed before the rules take effect must obtain the license within six months after they take effect (s. 429.076(2) and (4), F.S.). Facilities licensed on or after the rules' effective date need the license from the start before serving memory care residents. The exact date for existing facilities depends on when the rules take effect, which is not yet known.

Does my assisted living facility need a memory care license?

Your ALF needs the license if it serves one or more memory care residents, or advertises or otherwise holds itself out as providing memory care services (s. 429.076, F.S.). A "memory care resident" is a resident with Alzheimer's disease or a related dementia in a facility that claims or represents that it provides specialized care, services or activities for that condition, whether or not those are listed in the contract (s. 429.02(15), F.S.). A facility that only offers optional supportive services available to all residents does not need the license, as long as it follows AHCA's advertising rules.

What happens if my ALF doesn't get a memory care license?

After the six-month window, an ALF without the license may not begin or continue to provide memory care services, serve memory care residents, or advertise memory care, unless it qualifies for a narrow exception (s. 429.076(4)-(5), F.S.). The exception lets a facility keep serving memory care residents it accepted before the rules took effect if it shows AHCA it cannot reasonably get the license, tells residents and caregivers, helps them find another facility on request, and accepts no new memory care residents. AHCA has not yet published rules on how it will enforce the license.

Has AHCA published the memory care rules yet?

No. As of November 7, 2026, AHCA is in rule development and has not published a Notice of Proposed Rule. It published a Notice of Rule Development for a new Rule 59A-36.0225, Memory Care Services, on June 18, 2026, and held a workshop on July 9, 2026. On October 28, 2026, it published a second notice to amend Rules 59A-36.003, .006, .011, .015 and .018 to implement SB 1404, with a workshop and public meeting on November 17, 2026. You can follow both on flrules.org.

Can my facility still advertise memory care before the rules are final?

Yes, under current law, as long as you meet Florida's existing rules for advertising special Alzheimer's care. Until AHCA adopts the memory care rules, a facility that advertises special care for Alzheimer's disease must meet s. 429.178, F.S. (including an awake staff member at all hours if it has 17 or more residents) and disclose its specialized services under s. 429.177, F.S. Once the rules take effect, a facility licensed before that date has six months to get the memory care license to keep advertising memory care; the statute lists terms such as "memory care," "dementia care" and "Alzheimer's care" as restricted.

How often does AHCA survey assisted living facilities?

AHCA conducts relicensure surveys of Florida ALFs every two years, unannounced (s. 408.811(1), F.S.). It also inspects new facilities before licensing, investigates complaints, makes follow-up visits to verify corrections, and must conduct an additional inspection within six months after a class I violation, or after three or more class II violations from separate surveys within 60 days or from unrelated circumstances in the same survey (s. 429.34(2), F.S.). Facilities with a clean record may get an abbreviated survey focused on key quality of care standards (Rule 59A-36.023(1), F.A.C.). See How to prepare for an AHCA survey.

How do AHCA deficiency classes work?

AHCA classes each violation from I to IV by how seriously it is likely to affect residents (s. 408.813(2), F.S.):

  • Class I: an imminent danger, or a substantial probability of death or serious physical or emotional harm.
  • Class II: directly threatens residents' physical or emotional health, safety or security.
  • Class III: indirectly or potentially threatens residents' health, safety or security.
  • Class IV: relates to reports, forms or documents and has no potential to negatively affect residents.

AHCA can also describe a violation's scope as isolated, patterned or widespread.

How much are AHCA fines for assisted living facilities?

For ALFs, the fine per violation is $5,000 to $10,000 for class I, $1,000 to $5,000 for class II, $500 to $1,000 for class III, and $100 to $200 for class IV (s. 429.19(2), F.S.). Class I and II fines are imposed even if the violation is corrected; class III and IV violations are not fined if corrected within the time AHCA specifies (s. 408.813(2), F.S.). Background screening noncompliance carries a $500 fine regardless of class (s. 429.19(2)(e), F.S.).

How long do I have to correct an AHCA deficiency?

A deficiency must generally be corrected within 30 calendar days after you are notified of the inspection results, unless AHCA requires or approves a different time frame (s. 408.811(4), F.S.). If AHCA requires a plan of correction, it is due within 10 calendar days after notification (s. 408.811(5), F.S.). A class I condition must be abated within 24 hours unless AHCA sets a fixed period (s. 408.813(2)(a), F.S.). AHCA issues the statement of deficiencies within 10 working days of the inspection (Rule 59A-36.023(2), F.A.C.).

Where can I find my facility's AHCA survey report?

Your facility must keep its AHCA inspection reports for 5 years and post the latest one in a prominent place; AHCA also publishes ALF violations and links to inspection reports on its consumer website, FloridaHealthFinder. By law, that website must list each ALF's violations from the previous 60 months, updated monthly (s. 429.55(1), F.S.; s. 429.35, F.S.). AHCA also sends inspection results to the local ombudsman council and at least one public library in the county.

How many hours of training does a Florida ALF administrator need?

A Florida ALF administrator needs at least 26 hours of core training and a passing score of 75% on the competency test within 3 months of starting, then 12 hours of continuing education every 2 years (Rule 59A-36.011(1), F.A.C.; s. 429.52(4)-(5), F.S.). Licensed nursing home administrators are exempt from core training. See Florida ALF staff training requirements.

What dementia training do Florida ALF staff need?

Every ALF employee who gives personal care or has regular contact with residents must complete a 1-hour Department of Elder Affairs dementia course within 30 days of starting, and staff who give personal care need 3 more hours within 7 months (s. 430.5025(4), F.S.). In ALFs that advertise and provide specialized Alzheimer's care, the 3 hours are due within 3 months, a further 4 hours within 6 months, and 4 hours of continuing education every calendar year. The memory care license rules must set training that meets or exceeds these requirements.

What is Care Copilot?

Care Copilot is AI software that audits care records against the regulator's rules and produces likely findings with evidence and an action plan. In the UK it works with home care providers, checking records against the Care Quality Commission's standards. For Florida, we are testing a version for assisted living and memory care operators that checks resident and staff files against Chapter 429 F.S. and Chapter 59A-36 F.A.C., flags likely deficiencies before a survey, and drafts a plan of correction. See how it works.

Is Care Copilot available in Florida?

Not yet: Care Copilot is opening early access to a small group of founding Florida operators, and is not generally available in the US. It has no US customers today. You can take the free readiness self-check or apply for the founding pilot on our early access page.

Is Care Copilot a UK company?

Yes. Care Copilot Ltd is a UK company, and it has no US entity or US office today. It was founded with a multi-office home care provider in England and works with home care businesses across the UK. In the US, it is testing demand in Florida. See About Care Copilot.

Does Care Copilot need resident data?

The free readiness self-check does not: it asks about your facility and processes and collects no resident data. Please don't include any resident or health information in it. An audit of real files does use resident and staff records, so a founding pilot that involves them only starts once data handling terms are agreed with you in writing. Care Copilot does not currently claim HIPAA compliance or SOC 2 certification.

How is Care Copilot different from an EHR?

An EHR or care management system is where you record care; Care Copilot reads those records afterwards and checks them against the rules. It works from exports, PDFs and scans of the documents you already have, so you keep your current system and your team's routine. It does not do care planning, eMAR, billing or scheduling.

Does Care Copilot guarantee a deficiency-free survey?

No. Care Copilot reviews records, so it can find documentation gaps before a surveyor does, but it does not observe care, interview residents or staff, or inspect the building, and only AHCA decides what is cited. It is not legal advice.

What does Care Copilot cost?

Pilot pricing is set with founding operators. There is no public US price yet. The readiness self-check is free.

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