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Florida’s Senate Bill 1404 (2026) formally establishes “memory care services” as a regulated component of assisted living under Chapter 429, Florida Statutes. The bill does not simply describe best practices, it creates definitions, licensure requirements, and operational standards directly in law, while directing the Agency for Health Care Administration (AHCA) to adopt additional rules.
Below is a clear, statute-based breakdown of what the law says.
Definitions and Creation of “Memory Care Services”
The bill amends section 429.02, F.S. (Definitions) to introduce key terms, including:
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“Memory care services”
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“Memory care resident”
The statute specifies that memory care services are those provided to individuals with Alzheimer’s disease or related disorders and that these services are beyond general supervision and supportive services already required in assisted living facilities.
A “memory care resident” is defined as a resident receiving these specialized services.
These definitions establish memory care as a distinct category of service within assisted living, rather than a general extension of existing care.
Licensure Requirements and Advertising Restrictions
The bill requires that an assisted living facility must be licensed to provide memory care services if it:
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Provides memory care services to residents, or
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Holds itself out as providing memory care services
The statutory language explicitly ties licensure not only to the delivery of services but also to how a facility represents itself.
In addition, the bill states that a facility may not advertise or otherwise represent that it provides memory care services unless it is licensed to do so.
This requirement is written directly into the law and applies broadly to public-facing descriptions of services.
Rule Making Requirements: Staffing, Training, Services, and Environment
The bill directs AHCA to adopt rules establishing standards for memory care services. The statute specifies that these rules must address:
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Staffing requirements, including maintaining sufficient staff to meet resident needs and ensuring appropriate supervision
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Staff training, requiring specialized training for personnel providing memory care services
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Resident care and services, including the provision of appropriate care and structured activities designed for memory care residents
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Admission and retention criteria, requiring facilities to establish and follow policies specific to memory care residents
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Physical plant standards, requiring an environment appropriate to the needs and safety of residents receiving memory care services
The statutory language also includes requirements related to staff availability and supervision, including provisions for awake staff in memory care settings.
Contracts, Disclosures, and Resident Protections
The bill includes requirements related to resident agreements and consumer transparency.
Facilities providing memory care services must ensure that residency agreements:
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Clearly describe the memory care services being provided
Transition and Regulatory Oversight
The bill includes transition language for facilities already serving residents who would qualify as memory care residents. Under the statute, such facilities may continue serving existing residents under certain conditions:
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Demonstrates to the agency that it is unable to reasonably obtain such license.
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Notifies any memory care residents the facility serves and their caregivers, if applicable, that:
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The facility is unable to obtain such license.
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The facility is required to obtain a memory care services license.
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The memory care resident may relocate to a facility with a memory care services license, if desired.
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Upon request, assists memory care residents or, if applicable, their caregivers with finding a suitable alternate facility.
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No longer accepts any new memory care residents without first obtaining a memory care services license.
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If, after receiving the notice required by subparagraph (a)2., a memory care resident or, if applicable, his or her caregiver decides that the resident will remain at the facility, the facility must:
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Amend the resident’s contract to include the memory care services that are being provided to the resident.
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Maintain records pertaining to when and how such services were provided to the resident.
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Provide such records to the resident, his or her caregivers, or the agency upon request.
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Under SB 1404, AHCA must adopt rules establishing minimum standards for memory care services by June 1, 2027.
To read Florida Senate Bill 1404, review here.
For updates on this bill, review the Florida Senate Bill History here.
How ECP Helps
We help communities turn requirements, like specified in SB 1404, into clear, consistent and documented operations. Defined memory care services are translated into structured service plans based on resident assessments, supporting admission and retention criteria. ECP incorporates the elements required for documentation of resident care to align with statutory expectations and maintain consistency between resident needs and service delivery, while providing the flexibility to adapt as the regulatory framework evolves.
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Note - The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. ECP makes no warranties as to the accuracy of this content and does not commit to updating it as regulations change. Readers of this website should contact their attorney to obtain advice with respect to any particular legal or compliance matter.
