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Florida's new memory care license (2026): what families should know

Until now, any Florida assisted living facility could call itself a memory care community. A 2026 law changes that. Here's what it does, and what to do while the rules are being written.

What the law does

CS/CS/SB 1404, approved May 22, 2026 (chapter 2026-102, Laws of Florida), creates section 429.076 of the Florida Statutes: a memory care services license for assisted living facilities [1].

  • Who needs it: an ALF that serves memory care residents or advertises memory care services.
  • When: AHCA must adopt rules by June 1, 2027. Facilities already licensed then have six months to get the new license.
  • What the rules cover: admission criteria, minimum services and activities, staff training, physical environment, contract terms describing the memory care services, and safety, including at least one awake staff member at all hours.
  • Advertising: facilities without the license may not advertise using terms like "memory care" or "dementia care."

What to do in the meantime

Florida already requires a facility that advertises special care for people with Alzheimer's disease or related disorders to disclose, in its advertising or a separate document, the services that make that care special [2]. Ask every memory care program for that document, and compare them side by side. Ask, too, whether the facility plans to apply for the new license.

Memory care in South Florida today

On October 30, 2026, 156 of the 1213 assisted living facilities in our three counties listed as "Licensed" or "In review" reported a memory care program on their FloridaHealthFinder profile [3]. That's facility-reported, not a license. Browse by county: Palm Beach, Broward, Miami-Dade.

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Sources

  1. Florida Statutes §429.076, Memory care services license (created by CS/CS/SB 1404, ch. 2026-102, approved May 22, 2026). flsenate.gov/Laws/Statutes/2026/429.076; flsenate.gov/Session/Bill/2026/1404.
  2. Florida Statutes §429.177, Patients with Alzheimer's disease or other related disorders; certain disclosures. flsenate.gov/Laws/Statutes/2026/429.177.
  3. Florida Agency for Health Care Administration (AHCA), FloridaHealthFinder assisted living facility directory and individual facility profiles. https://quality.healthfinder.fl.gov/Facility-Provider/ALF?type=0. Retrieved October 30, 2026. Facilities shown had the status "Licensed" or "In review" on their state profile that day; "In review" facilities are labeled.

General information, not medical, legal, or financial advice. A Move for Mom is not a licensed health care provider.