# Florida Memory Care Services License (SB 1404): Plain-English Guide

> SB 1404 creates a Memory Care Services license for Florida ALFs. AHCA must adopt rules by June 1, 2027; existing ALFs then have 6 months to get licensed.

Last updated: November 7, 2026  
Canonical URL: https://d3kof0zbodw3pw.cloudfront.net/florida-memory-care-license/

**Florida law now requires an assisted living facility (ALF) that serves memory care residents, or advertises memory care, to hold a new Memory Care Services license.** The law is SB 1404 (2026), Chapter 2026-102, Laws of Florida, which created section 429.076, Florida Statutes. The Agency for Health Care Administration (AHCA) must adopt the rules for the license by June 1, 2027. A facility already licensed when those rules take effect then has six months to obtain the new license.

*Last checked against primary sources on November 7, 2026. This guide is general information, not legal advice.*

## What is the Memory Care Services license?

**It is a new specialty license for Florida ALFs, alongside the existing extended congregate care, limited nursing services and limited mental health licenses.** SB 1404 added "memory care services" to the categories of care an ALF license can be issued for in section 429.07(3), F.S., and created section 429.076, F.S., to govern the new license.

To get one, a facility must hold a standard ALF license and meet any additional minimum requirements AHCA adopts by rule (s. 429.076(1), F.S.). The memory care license is renewed, and expires, at the same time as the facility's standard license (ss. 429.076(1) and 429.17(1), F.S.).

## Who needs a Memory Care Services license?

**An ALF needs the license if it serves one or more memory care residents, or if it advertises or otherwise holds itself out as providing memory care services** (s. 429.076, F.S.).

There is one exception. A facility does not need the license if it only provides supportive services for residents with Alzheimer's disease and related dementias that are optional and available to all residents of the facility, as long as it follows AHCA's rules on advertising (s. 429.076, F.S.).

### What counts as a "memory care resident"?

The statute defines a **memory care resident** as "a person who suffers from Alzheimer's disease or a related dementia who is a resident of an assisted living facility that claims or otherwise represents that it provides specialized care, services, or activities specifically to support such resident's Alzheimer's disease or related dementia, irrespective of whether such care, services, or activities were listed in the resident's contract" (s. 429.02(15), F.S.).

**Memory care services** means "specific specialized or focused care, services, or activities an assisted living facility agrees to provide to a memory care resident to support his or her Alzheimer's disease or related dementia." It does not include supportive services that are optional and available to all residents (s. 429.02(16), F.S.).

In practice, the trigger is what the facility claims or represents it provides for residents with dementia, not only what is written in the contract.

## When is the deadline?

**AHCA must adopt the rules by June 1, 2027. Existing ALFs must then obtain the license within six months after the rules take effect.** The exact compliance date for existing facilities depends on when the rules actually take effect, which is not yet known.

| Date | What happens | Source |
|---|---|---|
| January 8, 2026 | SB 1404 filed by Senator Burton | Senate bill history |
| March 4, 2026 | Passed the Senate, 37-0 | Senate bill history |
| March 10, 2026 | Passed the House, 111-0 | Senate bill history |
| May 22, 2026 | Approved by the Governor; the act took effect on becoming law (Chapter 2026-102) | Senate bill history; Ch. 2026-102, L.O.F. |
| June 18, 2026 | AHCA published a Notice of Rule Development for a new rule, 59A-36.0225, Memory Care Services | Florida Administrative Register (FAR), Vol. 52, No. 118 |
| July 9, 2026 | AHCA rule development workshop on Rule 59A-36.0225 | FAR, Vol. 52, No. 118 |
| October 28, 2026 | AHCA published a Notice of Rule Development to amend Rules 59A-36.003, .006, .011, .015 and .018 to implement SB 1404, and a public meeting notice for Rule 59A-36.0225 | FAR, Vol. 52, No. 210 |
| November 17, 2026, 1:00 to 2:00 p.m. | AHCA workshop and public meeting, 2727 Mahan Drive, Tallahassee (with a call-in line) | FAR, Vol. 52, No. 210 |
| By June 1, 2027 | AHCA must adopt rules setting minimum standards for the license | s. 429.076(2), F.S. |
| When the rules take effect | ALFs licensed on or after this date must hold a memory care license to serve memory care residents or advertise memory care | s. 429.076(3), F.S. |
| Upon adoption of the rules | Sections 429.177 and 429.178, F.S. (current Alzheimer's advertising and special care provisions) are repealed | s. 5, Ch. 2026-102, L.O.F. |
| Six months after the rules take effect | ALFs licensed before the rules took effect must hold the license to begin or continue memory care, unless they qualify for the exception in s. 429.076(5) | s. 429.076(4), F.S. |

For example, if the rules took effect on June 1, 2027, existing facilities would have until about December 1, 2027. If the rules take effect earlier or later, the window moves with them.

## What must AHCA's memory care rules cover?

**The statute lists nine subjects AHCA's rules must address, "including, but not limited to"** (s. 429.076(2), F.S.):

| # | Required subject | Detail in the statute |
|---|---|---|
| (a) | Policies and procedures | For providing memory care services |
| (b) | Admission criteria | Standardized admittance criteria for memory care residents |
| (c) | Minimum care | The minimum level of care, services and activities for memory care residents |
| (d) | Staff training | Minimum training that must meet or exceed the dementia training in s. 430.5025, F.S. |
| (e) | Safety | Safety requirements, including at least one awake staff member on duty at all hours |
| (f) | Physical plant | Requirements for the facility, or the parts of it the licensee specifies, serving memory care residents |
| (g) | Resident contracts | On top of s. 429.24, F.S., contracts must specify the memory care services the resident will receive |
| (h) | Advertising | Terms a facility may not use without the license |
| (i) | Continuing without a license | Requirements for facilities that keep serving existing memory care residents under s. 429.076(5) |

Because the list is "not limited to" these items, AHCA's rules may cover more.

### Which advertising terms will need a license?

**The statute says the restricted terms include "memory care, memory care facility, memory care services, memory care residents, dementia care, dementia care facility, Alzheimer's care, and Alzheimer's care facility"** (s. 429.076(2)(h), F.S.). AHCA's rules may add more.

A facility without the license may still advertise the supportive services it offers to people with Alzheimer's disease and related dementias, if the ads do not use the restricted terms, do not claim the facility provides memory care services, and the facility keeps a copy of the ads in its records. AHCA examines those ads at license renewal.

## What if a facility can't get the license?

**A facility that accepted memory care residents before the rules take effect may keep serving those residents without the license, but only if it meets four conditions** (s. 429.076(5)(a), F.S.):

1. It shows AHCA that it is unable to reasonably obtain the license.
2. It tells its memory care residents, and their caregivers if applicable, that it is required to get the license, cannot get it, and that the resident may move to a licensed facility.
3. On request, it helps residents or caregivers find a suitable alternative facility.
4. It accepts no new memory care residents until it gets the license.

If a resident or caregiver decides to stay, the facility must amend the resident's contract to list the memory care services provided, keep records of when and how those services were provided, and give those records to the resident, caregivers or AHCA on request (s. 429.076(5)(b), F.S.). This does not exempt the facility from other requirements, including the appropriateness-of-placement rules in s. 429.26, F.S. (s. 429.076(5)(c), F.S.).

## What happens if a facility serves memory care residents without the license?

**The statute does not set a specific penalty for this, and AHCA has not yet published rules on how it will enforce the new license.** Florida's general licensing law (Part II of Chapter 408, F.S.) already says a licensee may not hold itself out as holding a license it does not have (s. 408.812(1), F.S.), and lists "providing services beyond the scope of the license" as a violation for which AHCA may impose a fine of up to $500 per violation unless another law sets the amount (s. 408.813(3), F.S.). How AHCA will apply these to memory care is not yet known.

## What is the status of AHCA's rulemaking?

**As of November 7, 2026, AHCA is at the rule development stage. It has not yet published a Notice of Proposed Rule for the memory care rules on flrules.org.**

- **New rule 59A-36.0225, Memory Care Services.** AHCA published a Notice of Rule Development on June 18, 2026 (FAR Vol. 52, No. 118), proposing "to create a new rule to implement the provisions of SB 1404." It held a workshop on July 9, 2026. That notice said preliminary rule text was not available. On October 28, 2026, AHCA noticed a follow-up public meeting for November 17, 2026, saying the agenda and a copy of the preliminary draft would be posted on AHCA's rulemaking web page before the meeting.
- **Amendments to existing rules.** On October 28, 2026 (FAR Vol. 52, No. 210), AHCA published a Notice of Rule Development to amend five existing rules "to implement the provisions of 2026-102 L.O.F. (SB 1404)":
  - 59A-36.003, Licensing and Change of Ownership
  - 59A-36.006, Admission Procedures, Appropriateness of Placement and Continued Residency Criteria
  - 59A-36.011, Staff Training Requirements and Competency Test
  - 59A-36.015, Records
  - 59A-36.018, Resident Contracts

  The notice says the preliminary text is available at no charge from the AHCA contact person, at HQARuleComments@ahca.myflorida.com.

We have not seen the preliminary draft text, so this guide does not describe what AHCA is proposing. When AHCA publishes a Notice of Proposed Rule, the text will appear in the Florida Administrative Register and on flrules.org.

### How does Florida rulemaking work from here?

**The next formal step is a Notice of Proposed Rule in the Florida Administrative Register, which starts the public comment period.** Under Florida's Administrative Procedure Act (s. 120.54(3), F.S.):

- Affected persons can ask for a public hearing within 21 days after the notice is published.
- A rule generally cannot be filed for adoption less than 28 days or more than 90 days after the notice. Other steps, such as a notice of change or a public hearing, can push the earliest filing date later.
- An adopted rule generally takes effect 20 days after it is filed with the Department of State, or on a later date stated in the notice.
- If the agency's statement of estimated regulatory costs shows costs or adverse impacts over $1 million in total within five years, the rule cannot take effect until the Legislature ratifies it (s. 120.541, F.S.).

## What does Florida already require for dementia care in ALFs?

**Until the new rules are adopted, the existing Alzheimer's provisions still apply.** A facility that advertises special care for people with Alzheimer's disease or related disorders must currently (s. 429.178, F.S.):

- have an awake staff member on duty at all hours if it has 17 or more residents (facilities with fewer than 17 residents may instead have mechanisms to monitor and ensure residents' safety);
- offer activities designed for people who are cognitively impaired;
- have a physical environment that provides for residents' safety and welfare; and
- employ staff who complete the dementia training in s. 430.5025, F.S.

It must also disclose in its ads, or in a separate document, the services that make its care especially suitable for people with Alzheimer's disease, and keep copies in its records (s. 429.177, F.S.). Both sections are repealed when AHCA adopts the memory care rules. Rule 59A-36.011(10), F.A.C., applies the s. 430.5025 dementia training to facilities that advertise special Alzheimer's care or maintain secured areas.

## What can Florida ALF operators do now?

**Start with the parts of the law that are already clear.** The statute fixes some requirements regardless of what AHCA's rules add:

1. **Decide whether you will need the license.** List every way your facility describes dementia care: website, brochures, signage, listings, admission packets and contracts. If you use any of the restricted terms, or represent specialized dementia care, plan on applying.
2. **Identify your memory care residents.** The definition depends on what you claim to provide, not only on contract wording. Know who would count.
3. **Check staffing at night.** Rule 59A-36.010, F.A.C., already requires an awake staff member at all hours in ALFs with 17 or more residents. The memory care rules must require at least one awake staff member on duty at all hours for memory care licensees, whatever the facility's size.
4. **Audit dementia training records now.** The new training standard must meet or exceed s. 430.5025, F.S. Make sure each employee's required dementia training (the 1-hour and 3-hour courses, plus the 4-hour course and annual continuing education where the facility advertises dementia care) is complete and documented. See our [staff training guide](https://d3kof0zbodw3pw.cloudfront.net/florida-alf-staff-training/).
5. **Review resident contracts.** Licensees will have to specify the memory care services each memory care resident receives.
6. **Follow AHCA's rulemaking.** Watch flrules.org for Rules 59A-36.0225, .003, .006, .011, .015 and .018, attend or call in to workshops, and request the preliminary text from HQARuleComments@ahca.myflorida.com.
7. **Fix your current survey risks first.** Memory care licensure will build on your standard license, and AHCA examines dementia advertising at renewal. See [How to prepare for an AHCA survey](https://d3kof0zbodw3pw.cloudfront.net/ahca-survey-readiness/).

## What we don't know yet

- **The rule text.** AHCA has not yet published proposed rule text in the FAR. Staffing ratios, training hours, admission criteria, physical plant standards and advertising terms beyond those in the statute are all still open.
- **The effective date of the rules**, and so the end of the six-month window for existing facilities. The statutory deadline for adoption is June 1, 2027, but the effective date depends on the rulemaking process, and could depend on legislative ratification if regulatory costs exceed the $1 million threshold.
- **The application process and fee.** The statute does not set a separate fee for the memory care license, and AHCA has not published an application form.
- **How AHCA will survey and enforce** the new standards, including how the s. 429.076(5) exception will be documented and reviewed.
- **How many facilities are affected.** The Senate's staff analysis counted 2,989 licensed ALFs in Florida (FloridaHealthFinder data, January 27, 2026), but there is no official count of facilities that serve memory care residents or advertise memory care.

## How Care Copilot helps

Care Copilot is building a Florida version of its AI file audit for ALF and memory care operators. It reads your resident and staff files, checks them against Chapter 429 F.S. and Chapter 59A-36 F.A.C., and flags likely deficiencies with the evidence and a draft plan of correction. When AHCA's memory care rules are final, we plan to add them to the checks. We are opening early access to a small group of founding Florida operators; it is not yet available in the US. [Learn about early access](https://d3kof0zbodw3pw.cloudfront.net/early-access/).

## Sources

- [CS/CS/SB 1404 (2026), Memory Care: bill page, history and votes, The Florida Senate](https://www.flsenate.gov/Session/Bill/2026/1404)
- [CS/CS/SB 1404, enrolled bill text (PDF), The Florida Senate](https://www.flsenate.gov/Session/Bill/2026/1404/BillText/er/PDF)
- [Bill summary, CS/CS/SB 1404 (vote: Senate 37-0; House 111-0), The Florida Senate](https://www.flsenate.gov/Committees/BillSummaries/2026/html/1404)
- [Senate Fiscal Policy Committee bill analysis and fiscal impact statement, February 25, 2026 (PDF)](https://www.flsenate.gov/Session/Bill/2026/1404/Analyses/2026s01404.fp.PDF)
- [Chapter 2026-102, Laws of Florida (PDF)](https://laws.flrules.org/2026/102)
- [Section 429.076, F.S. (2026): Memory care services license](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0429/Sections/0429.076.html)
- [Section 429.02, F.S. (2026): Definitions](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0429/Sections/0429.02.html)
- [Section 429.07, F.S. (2026): License required; fee](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0429/Sections/0429.07.html)
- [Section 429.177, F.S. (2026): Alzheimer's disclosures](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0429/Sections/0429.177.html)
- [Section 429.178, F.S. (2026): Special care for persons with Alzheimer's disease](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0429/Sections/0429.178.html)
- [Section 430.5025, F.S. (2026): Alzheimer's disease and related dementia education and training](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0430/Sections/0430.5025.html)
- [Section 408.812, F.S. (2026): Unlicensed activity](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0408/Sections/0408.812.html)
- [Section 408.813, F.S. (2026): Administrative fines; violations](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0408/Sections/0408.813.html)
- [Section 120.54, F.S. (2026): Rulemaking](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0120/Sections/0120.54.html)
- [Section 120.541, F.S. (2026): Statement of estimated regulatory costs](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0120/Sections/0120.541.html)
- [Rule 59A-36.0225, Memory Care Services: notice history, flrules.org](https://www.flrules.org/gateway/ruleNo.asp?id=59A-36.0225)
- [Notice of Rule Development, Rule 59A-36.0225, June 18, 2026, flrules.org](https://www.flrules.org/Gateway/View_notice.asp?id=31032936)
- [Notice of Rule Development, Rules 59A-36.003, .006, .011, .015, .018, October 28, 2026, flrules.org](https://www.flrules.org/Gateway/View_notice.asp?id=31542962)
- [Notice of Public Meeting, Rule 59A-36.0225, October 28, 2026, flrules.org](https://www.flrules.org/Gateway/View_notice.asp?id=31542865)
- [Florida Administrative Register, Vol. 52, No. 118, June 18, 2026 (PDF)](https://flrules.org/Faw/FAWDocuments/FAWVOLUMEFOLDERS2026/52118/52118doc.pdf)
- [Florida Administrative Register, Vol. 52, No. 210, October 28, 2026 (PDF)](https://flrules.org/Faw/FAWDocuments/FAWVOLUMEFOLDERS2026/52210/52210doc.pdf)
- [Rule 59A-36.011, F.A.C.: Staff Training Requirements and Competency Test, flrules.org](https://www.flrules.org/gateway/ruleNo.asp?id=59A-36.011)
- [Rule 59A-36.010, F.A.C.: Staffing Standards, flrules.org](https://www.flrules.org/gateway/ruleNo.asp?id=59A-36.010)