The short answer: Florida changed its dementia care rules in 2026. A new law signed on May 22, 2026, creates a memory care services license. The state must write the standards by June 1, 2027, and existing facilities then get six months to obtain the license. After that, only licensed facilities may advertise "memory care," "dementia care" or "Alzheimer's care." Until then, the older rules apply. Every assisted living caregiver in Florida must already complete dementia training, and facilities that advertise dementia care must do more. This guide explains what's required today, what's coming, and what to ask.
How common is dementia in Florida assisted living?
Very common. Nationally, about two in five residential care residents have been diagnosed with Alzheimer's disease or another dementia (NCHS Data Brief 506). Florida's Department of Elder Affairs estimates that "approximately 580,000 Floridians age 65 and older are living with Alzheimer's disease, the second-highest number in the nation" (Elder Affairs).
Many facilities market to these families. As of February 4, 2026, there were 2,985 licensed assisted living facilities in Florida, "805 of which claimed to be memory care providers." The state relies on facilities "to self-report this information." When the state reviewed complaints from 2020 onward, it found "more complaints made and substantiated against memory care providers than non-memory care providers," even though non-memory care providers outnumbered them almost four to one. Over the same period, memory care providers received 207 class I deficiencies, the most serious kind (House bill analysis, HB 1295).
That's why the legislature acted, and why a "memory care" sign on its own tells you very little today.
What dementia training must staff have today?
Florida's training law covers every assisted living facility, not just those that advertise dementia care (s. 430.5025):
| When | Who | What |
|---|---|---|
| On hire | Every employee | "Basic written information about interacting with persons who have Alzheimer's disease or related forms of dementia" |
| Within 30 days | Anyone who gives personal care or has regular contact with residents | A 1-hour state training program, free online |
| Within 7 months | Anyone who gives personal care | 3 more hours, including behavior management and working with families |
Facilities that advertise and provide special care for dementia must go further:
| When | Who | What |
|---|---|---|
| Within 3 months | Personal care staff and those with regular resident contact | The 3 extra hours, done sooner |
| Within 6 months | Anyone who gives personal care | 4 more hours of dementia-specific training, including "the stages of Alzheimer's disease, communication strategies, medical information, and stress management" |
| Every year after | Anyone who gives personal care | "At least 4 hours of continuing education each calendar year" |
So a caregiver in a dementia-focused facility should have about 8 hours of dementia training in their first six months, then 4 hours a year. Staff hired before July 1, 2023, had to complete the training before July 1, 2026. A facility that keeps a secured or locked area for residents with dementia must meet the same training standard, even if it doesn't advertise dementia care (rule 59A-36.011).
Facilities must keep a record of each employee's training, so ask to see it. Eight hours is a legal minimum, not a gold standard. Ask what the facility adds.
What is the new memory care license?
Senate Bill 1404 became law on May 22, 2026 (ch. 2026-102, Laws of Florida). It adds a new section to Florida's assisted living law (s. 429.076):
- Who needs it. Any assisted living facility "that serves one or more memory care residents, or that advertises or otherwise holds itself out as providing memory care services."
- The exception. A facility that only offers optional supportive services for dementia, available to all residents, doesn't need the license, as long as it follows the advertising rules.
- What the standards must cover. Admission criteria, "the minimum level of care, services, and activities," training that "must meet or exceed" today's requirements, safety rules including "at least one awake staff member to be on duty at all hours," building requirements, and contracts that "specify the memory care services that will be provided."
- Protected words. Without the license, a facility may not use terms including "memory care," "dementia care," "Alzheimer's care" and "Alzheimer's care facility" in its advertising.
The key dates:
| Date | What happens |
|---|---|
| May 22, 2026 | Law signed and in effect |
| October 28, 2026 | The state published notice that it is starting to amend five assisted living rules to carry out the new law (Florida Administrative Register) |
| By June 1, 2027 | Deadline for the state to adopt memory care standards |
| 6 months after the standards take effect | Facilities licensed before then must hold the memory care license to keep serving or advertising memory care |
The biggest change for families is the night shift. Today, small facilities that advertise dementia care don't need anyone awake overnight (see below). Under the new license, every memory care licensee must have an awake staff member on duty at all hours.
What if a facility doesn't get the license?
A facility that can't or won't obtain the license may keep its current memory care residents only if it tells them they may relocate, helps them find another facility if they ask, and stops admitting new memory care residents. If a resident stays, the facility must amend the resident's contract (s. 429.076).
If you're choosing a facility for a parent with dementia now, ask directly: Do you plan to apply for the memory care services license? A facility that says no may not be a long-term home.
What rules apply until the new license takes effect?
Two sections of the current law, which will be repealed once the new standards take effect. A facility that "advertises that it provides special care for persons with Alzheimer's disease or other related disorders" must (s. 429.178):
- with 17 or more residents, have "an awake staff member on duty at all hours of the day and night";
- with fewer than 17 residents, have an awake staff member "or have mechanisms in place to monitor and ensure the safety of the facility's residents";
- "offer activities specifically designed for persons who are cognitively impaired";
- provide a safe physical environment and trained staff.
The facility must also describe in writing the services that make its dementia care different, and give a copy "to each person who requests information" (s. 429.177). Ask for that document on every tour and compare it with what you see.
What protects residents who wander?
Every facility must assess each resident's risk of wandering away "within 30 calendar days of being admitted." At-risk residents must be identified to staff, and the facility must make "a daily effort" to ensure they carry identification with the facility's name, address and phone number. It must keep "a photo identification of at risk residents on file," and its written policy must include "an immediate search of the facility and premises" (rule 59A-36.007). Facilities must also run at least two elopement drills a year (s. 429.41).
The National Institute on Aging suggests families "keep a recent photograph or video of the person to help police" too (NIA).
When is assisted living no longer enough?
Assisted living has a legal ceiling, whatever the license. A facility "may not admit or retain a resident who is bedridden or who requires 24-hour nursing supervision," except residents receiving hospice care with a licensed hospice providing the extra care (s. 429.26). A resident must also not be "a danger to self or others as determined by a health care practitioner" (rule 59A-36.006). The new license doesn't change these limits.
Facilities with an Extended Congregate Care license can provide more hands-on care and supervision of residents with dementia. Our guides to levels of care, license types, discharge rules and nursing homes vs. assisted living explain where each line falls.
Questions to ask on a dementia care tour
- Do you advertise dementia or memory care, and will you apply for the new license?
- May I have your written description of dementia services?
- How many hours of dementia training has each caregiver completed? Can I see the records?
- Who is awake overnight, and how many staff are on the evening shift?
- "How many residents in the facility have Alzheimer's?" (NIA)
- "Is there a safe place for the person to go outside?"
- "What services or options would cost extra?"
- What happens in the late afternoon? NIA says restlessness "as daylight begins to fade" is known as sundowning, and recommends sticking to a schedule and daily sunlight (NIA).
Visit in the late afternoon as well as at lunch. Bring our tour checklist and check the inspection record first with our license check guide. Our list of Florida cities with the most memory care options shows where to start.
Free and low-cost help
- Memory Disorder Clinics. Florida funds 17 clinics across 13 service areas that "offer comprehensive diagnostic and referral services" (Elder Affairs). A clear diagnosis helps any facility plan care.
- Alzheimer's Disease Initiative respite. In-home, facility-based, emergency and extended respite of up to 30 days, delivered through Florida's 11 Area Agencies on Aging. Fees are on a sliding scale based on ability to pay (s. 430.503). Our respite care guide explains short stays in assisted living.
- Elder Helpline: 1-800-963-5337, which connects you to your local Area Agency on Aging.
