In May, Governor DeSantis signed CS/CS/SB 1404 into law as Chapter 2026-102. It creates something Florida has never had: a dedicated memory care services license for assisted living facilities.
It passed 37–0 in the Senate and 111–0 in the House. Nobody voted against it, which tells you how overdue it was.
Here’s what it actually does, what it does not do yet, and — the part that matters if you’re touring memory care in Naples or Fort Myers this month — what to ask a community today.
What the law does
Until now, any assisted living facility in Florida could advertise “memory care” without holding a license specific to it. There were disclosure requirements and a special-care standard on the books, but no separate license, no dedicated inspection category, and no minimum training standard tied to the words on the sign.
The new law changes that. An ALF that serves memory care residents — or that holds itself out as providing memory care services — will have to hold a memory care services license to do so.
The law directs the Agency for Health Care Administration to write the implementing rules, including minimum staff training requirements and a requirement for at least one awake staff member on duty at all hours. When those rules take effect, the older statutory provisions they replace (Sections 429.177 and 429.178) are repealed.
There is a narrow carve-out: a community that simply offers optional supportive services available to all residents, rather than holding itself out as a memory care provider, can stay outside the license — provided it follows AHCA’s advertising rules.
What it does not do yet — and why that matters to you
The license does not exist operationally today.
AHCA has until June 1, 2027 to adopt the rules. Currently licensed communities then get a compliance window after those rules take effect. Realistically, this is a 2027–2028 story on the ground.
So if you tour a memory care neighborhood in Naples next week and ask “do you have the new memory care license?”, the honest answer from every community in Collier and Lee County is no — nobody does yet.
That is not a red flag. Asking the question anyway still tells you a great deal.
The questions that are actually useful right now
Since the license isn’t the test yet, here’s what I’m asking on tours this season.
- “Do you already have an awake staff member overnight?”
The new law will eventually require it. Some communities have always done it. Some have overnight staff who are permitted to sleep. Ask directly, and ask how many awake staff are on for how many residents between 11pm and 7am. This is the single most revealing question in memory care.
- “What dementia-specific training do your caregivers get, and how many hours?”
Ask who provides it, whether it’s initial-only or recurring, and what a new hire completes before their first shift alone with residents.
- “What’s your caregiver-to-resident ratio in the memory care neighborhood — days, evenings, and overnight?”
Get all three. The daytime number is the one they lead with.
- “What’s your turnover in that neighborhood?”
Continuity of caregiver matters enormously in dementia care. A resident who sees the same faces does better. A community with revolving staff cannot deliver that, whatever the brochure says.
- “How are you preparing for the new license requirements?”
This is the one that separates operators. A well-run community’s executive director has read the bill, knows AHCA rulemaking is coming, and can tell you what they’re already doing about it. A blank look is information.
- “What behaviors would cause you to ask us to move out?”
Every memory care community has a discharge threshold — exit-seeking, aggression, two-person transfers, hospice-level needs. Find out where theirs is before you move in, not during a crisis.
- “May I see your last AHCA survey?”
Inspection results are public record. A community should hand them over without friction.
- “Can I visit at 7pm on a weekday?”
Tour in the evening or on a weekend, not just at 10am Tuesday when staffing is richest. What you see at dinner and shift change is closer to the truth.
What families most often get wrong about memory care
Two things, consistently.
Waiting too long. Families often wait for a crisis, then move a parent with dementia during the worst possible week. A person with Alzheimer’s adapts better to a new environment earlier in the disease, when they can still learn a new routine and build familiarity. The move gets harder every month you wait.
Assuming assisted living can manage it. A standard assisted living apartment is a fine setting for many people with early memory loss. It stops being the right setting when exit-seeking, sundowning, or round-the-clock supervision enters the picture — and the transition point is easy to miss from out of state. Our September article on what to watch for when parents return for the season covers the signs.
Why I’m telling you about a law that isn’t in effect
Because the direction of travel matters. Florida decided memory care needs its own license, its own training standard, and awake overnight staff. That is the state saying the bar has been uneven.
Until the rules land, the bar in any given community is whatever that community chose to set for itself. Some set it high. Some didn’t. The only way to know which is to walk the building, ask the questions above, and compare — and that is genuinely hard to do from a website or from another state.
I’ve evaluated nearly 100 communities across Naples, Fort Myers and Bonita Springs over 30 years, and I know which memory care neighborhoods I’d trust with my own family. There is no cost to families for my services.
If memory care is on the table this season, let’s talk before you tour. An hour on the phone will save you a month of driving.
Bruce Rosenblatt is the owner of Senior Housing Solutions and has advised Southwest Florida families on senior living for more than 30 years. Learn more about memory care and assisted living, or see the areas we serve. This article is general information, not legal advice.