Read the full stored bill text
CS/HB 1295 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1295-01-c1
Page 1 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to memory care; amending s. 429.02, 2
F.S.; defining terms; amending s. 429.07, F.S.; 3
requiring licenses for assisted living facilities that 4
provide memory care services; making technical 5
changes; creating s. 429.076, F.S.; requiring an 6
assisted living facility that serves memory care 7
residents or holds itself out as providing memory care 8
services to obtain a memory care services license; 9
providing an exception; requiring an assisted living 10
facility to maintain certain licensure and meet 11
certain requirements in order to obtain a memory care 12
services license; requiring the Agency for Health Care 13
Administration to adopt rules governing memory care 14
services licenses by a specified date; specifying 15
requirements for such rules; requiring an assisted 16
living facility licensed on or after the effective 17
date of such rules to obtain a memory care services 18
license to carry out certain functions; requiring an 19
assisted living facility licensed before the effective 20
date of such rules to obtain a memory care services 21
license at the time such facility renews its 22
licensure; authorizing a facility that served memory 23
care residents without a memory care services license 24
prior to a specified date to continue to do so if 25
CS/HB 1295 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1295-01-c1
Page 2 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
certain requirements are met; requiring a facility 26
without a memory care services license to meet 27
specified requirements if a memory care resident 28
decides to remain at the facility despite the lack of 29
such license; repealing ss. 429.177 and 429.178, F.S., 30
relating to patients with Alzheimer's disease or other 31
related disorders and certain disclosures and special 32
care for persons with Alzheimer's disease or other 33
related disorders, respectively, upon the adoption of 34
certain rules; providing an effective date. 35
36
Be It Enacted by the Legislature of the State of Florida: 37
38
Section 1. Present subsections (15) through (28) of 39
section 429.02, Florida Statutes, are redesignated as 40
subsections (17) through (30), respectively, new subsections 41
(15) and (16) are added to that section, and subsection (12) of 42
that section is amended, to read: 43
429.02 Definitions.—When used in this part, the term: 44
(12) "Extended congregate care" means acts beyond those 45
authorized in subsection (20) (18) which may be performed 46
pursuant to part I of chapter 464 by persons licensed thereunder 47
while carrying out their professional duties, and other 48
supportive services that may be specified by rule. The purpose 49
of such services is to enable residents to age in place in a 50
CS/HB 1295 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1295-01-c1
Page 3 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
residential environment despite mental or physical limitations 51
that might otherwise disqualify them from residency in a 52
facility licensed under this part. 53
(15) "Memory care resident" means a person who suffers 54
from Alzheimer's disease or a related dementia who is a resident 55
of an assisted living facility that claims or otherwise 56
represents that it provides specialized care, services, or 57
activities specifically to support such resident's Alzheimer's 58
disease or related dementia, irrespective of whether such care, 59
services, or activities were listed in the resident's contract. 60
(16) "Memory care services" means specific specialized or 61
focused care, services, or activities an assisted living 62
facility agrees to provide to a memory care resident to support 63
his or her Alzheimer's disease or related dementia. Such 64
services do not include services, care, or activities provided 65
by the assisted living facility as optional supportive services 66
that are available to all residents of the facility. 67
Section 2. Subsection (3) of section 429.07, Florida 68
Statutes, is amended to read: 69
429.07 License required; fee.— 70
(3) In addition to the requirements of s. 408.806, each 71
license granted by the agency must state the type of care for 72
which the license is granted. Licenses shall be issued for one 73
or more of the following categories of care: standard, extended 74
congregate care, limited nursing services, or limited mental 75
CS/HB 1295 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1295-01-c1
Page 4 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
health, or memory care services. 76
(a) A standard license shall be issued to facilities 77
providing one or more of the personal services identified in s. 78
429.02. Such facilities may also employ or contract with a 79
person licensed under part I of chapter 464 to administer 80
medications and perform other tasks as specified in s. 429.255. 81
(b) An extended congregate care license shall be issued to 82
each facility that has been licensed as an assisted living 83
facility for 2 or more years and that provides services, 84
directly or through contract, beyond those authorized in 85
paragraph (a), including services performed by persons licensed 86
under part I of chapter 464 and supportive services, as defined 87
by rule, to persons who would otherwise be disqualified from 88
continued residence in a facility licensed under this part. An 89
extended congregate care license may be issued to a facility 90
that has a provisional extended congregate care license and 91
meets the requirements for licensure under subparagraph 2. The 92
primary purpose of extended congregate care services is to allow 93
residents the option of remaining in a familiar setting from 94
which they would otherwise be disqualified for continued 95
residency as they become more impaired. A facility licensed to 96
provide extended congregate care services may also admit an 97
individual who exceeds the admission criteria for a facility 98
with a standard license, if he or she is determined appropriate 99
for admission to the extended congregate care facility. 100
CS/HB 1295 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1295-01-c1
Page 5 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1. In order for extended congregate care services to be 101
provided, the agency must first determine that all requirements 102
established in law and rule are met and must specifically 103
designate, on the facility's license, that such services may be 104
provided and whether the designation applies to all or part of 105
the facility. This designation may be made at the time of 106
initial licensure or relicensure, or upon request in writing by 107
a licensee under this part and part II of chapter 408. The 108
notification of approval or the denial of the request shall be 109
made in accordance with part II of chapter 408. Each existing 110
facility that qualifies to provide extended congregate care 111
services must have maintained a standard license and may not 112
have been subject to administrative sanctions during the 113
previous 2 years, or since initial licensure if the facility has 114
been licensed for less than 2 years, for any of the following 115
reasons: 116
a. A class I or class II violation; 117
b. Three or more repeat or recurring class III violations 118
of identical or similar resident care standards from which a 119
pattern of noncompliance is found by the agency; 120
c. Three or more class III violations that were not 121
corrected in accordance with the corrective action plan approved 122
by the agency; 123
d. Violation of resident care standards which results in 124
requiring the facility to employ the services of a consultant 125
CS/HB 1295 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1295-01-c1
Page 6 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
pharmacist or consultant dietitian; 126
e. Denial, suspension, or revocation of a license for 127
another facility licensed under this part in which the applicant 128
for an extended congregate care license has at least 25 percent 129
ownership interest; or 130
f. Imposition of a moratorium pursuant to this part or 131
part II of chapter 408 or initiation of injunctive proceedings. 132
133
The agency may deny or revoke a facility's extended congregate 134
care license for not meeting the criteria for an extended 135
congregate care license as provided in this subparagraph. 136
2. If an assisted living facility has been licensed for 137
less than 2 years, the initial extended congregate care license 138
must be provisional and may not exceed 6 months. The licensee 139
shall notify the agency, in writing, when it has admitted at 140
least one extended congregate care resident, after which an 141
unannounced inspection shall be made to determine compliance 142
with the requirements of an extended congregate care license. A 143
licensee with a provisional extended congregate care license 144
which demonstrates compliance with all the requirements of an 145
extended congregate care license during the inspection shall be 146
issued an extended congregate care license. In addition to 147
sanctions authorized under this part, if violations are found 148
during the inspection and the licensee fails to demonstrate 149
compliance with all assisted living facility requirements during 150
CS/HB 1295 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1295-01-c1
Page 7 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
a follow-up followup inspection, the licensee shall immediately 151
suspend extended congregate care services, and the provisional 152
extended congregate care license expires. The agency may extend 153
the provisional license for not more than 1 month in order to 154
complete a follow-up followup visit. 155
3. A facility that is licensed to provide extended 156
congregate care services shall maintain a written progress 157
report on each person who receives such nursing services from 158
the facility's staff which describes the type, amount, duration, 159
scope, and outcome of services that are rendered and the general 160
status of the resident's health. A registered nurse, or 161
appropriate designee, representing the agency shall visit the 162
facility at least twice a year to monitor residents who are 163
receiving extended congregate care services and to determine if 164
the facility is in compliance with this part, part II of chapter 165
408, and relevant rules. One of the visits may be in conjunction 166
with the regular survey. The monitoring visits may be provided 167
through contractual arrangements with appropriate community 168
agencies. A registered nurse shall serve as part of the team 169
that inspects the facility. The agency may waive one of the 170
required yearly monitoring visits for a facility that has: 171
a. Held an extended congregate care license for at least 172
24 months; 173
b. No class I or class II violations and no uncorrected 174
class III violations; and 175
CS/HB 1295 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1295-01-c1
Page 8 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
c. No ombudsman council complaints that resulted in a 176
citation for licensure. 177
4. A facility that is licensed to provide extended 178
congregate care services must: 179
a. Demonstrate the capability to meet unanticipated 180
resident service needs. 181
b. Offer a physical environment that promotes a homelike 182
setting, provides for resident privacy, promotes resident 183
independence, and allows sufficient congregate space as defined 184
by rule. 185
c. Have sufficient staff available, taking into account 186
the physical plant and firesafety features of the building, to 187
assist with the evacuation of residents in an emergency. 188
d. Adopt and follow policies and procedures that maximize 189
resident independence, dignity, choice, and decisionmaking to 190
permit residents to age in place, so that moves due to changes 191
in functional status are minimized or avoided. 192
e. Allow residents or, if applicable, a resident's 193
representative, designee, surrogate, guardian, or attorney in 194
fact to make a variety of personal choices, participate in 195
developing service plans, and share responsibility in 196
decisionmaking. 197
f. Implement the concept of managed risk. 198
g. Provide, directly or through contract, the services of 199
a person licensed under part I of chapter 464. 200
CS/HB 1295 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1295-01-c1
Page 9 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
h. In addition to the training mandated in s. 429.52, 201
provide specialized training as defined by rule for facility 202
staff. 203
5. A facility that is licensed to provide extended 204
congregate care services is exempt from the criteria for 205
continued residency set forth in rules adopted under s. 429.41. 206
A licensed facility must adopt its own requirements within 207
guidelines for continued residency set forth by rule. However, 208
the facility may not serve residents who require 24-hour nursing 209
supervision. A licensed facility that provides extended 210
congregate care services must also provide each resident with a 211
written copy of facility policies governing admission and 212
retention. 213
6. Before the admission of an individual to a facility 214
licensed to provide extended congregate care services, the 215
individual must undergo a medical examination as provided in s. 216
429.26(5) and the facility must develop a preliminary service 217
plan for the individual. 218
7. If a facility can no longer provide or arrange for 219
services in accordance with the resident's service plan and 220
needs and the facility's policy, the facility must make 221
arrangements for relocating the person in accordance with s. 222
429.28(1)(k). 223
(c) A limited nursing services license shall be issued to 224
a facility that provides services beyond those authorized in 225
CS/HB 1295 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1295-01-c1
Page 10 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
paragraph (a) and as specified in this paragraph. 226
1. In order for limited nursing services to be provided in 227
a facility licensed under this part, the agency must first 228
determine that all requirements established in law and rule are 229
met and must specifically designate, on the facility's license, 230
that such services may be provided. This designation may be made 231
at the time of initial licensure or licensure renewal, or upon 232
request in writing by a licensee under this part and part II of 233
chapter 408. Notification of approval or denial of such request 234
shall be made in accordance with part II of chapter 408. An 235
existing facility that qualifies to provide limited nursing 236
services must have maintained a standard license and may not 237
have been subject to administrative sanctions that affect the 238
health, safety, and welfare of residents for the previous 2 239
years or since initial licensure if the facility has been 240
licensed for less than 2 years. 241
2. A facility that is licensed to provide limited nursing 242
services shall maintain a written progress report on each person 243
who receives such nursing services from the facility's staff. 244
The report must describe the type, amount, duration, scope, and 245
outcome of services that are rendered and the general status of 246
the resident's health. A registered nurse representing the 247
agency shall visit the facility at least annually to monitor 248
residents who are receiving limited nursing services and to 249
determine if the facility is in compliance with applicable 250
CS/HB 1295 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1295-01-c1
Page 11 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
provisions of this part, part II of chapter 408, and related 251
rules. The monitoring visits may be provided through contractual 252
arrangements with appropriate community agencies. A registered 253
nurse shall also serve as part of the team that inspects such 254
facility. Visits may be in conjunction with other agency 255
inspections. The agency may waive the required yearly monitoring 256
visit for a facility that has: 257
a. Had a limited nursing services license for at least 24 258
months; 259
b. No class I or class II violations and no uncorrected 260
class III violations; and 261
c. No ombudsman council complaints that resulted in a 262
citation for licensure. 263
3. A person who receives limited nursing services under 264
this part must meet the admission criteria established by the 265
agency for assisted living facilities. When a resident no longer 266
meets the admission criteria for a facility licensed under this 267
part, arrangements for relocating the person shall be made in 268
accordance with s. 429.28(1)(k), unless the facility is licensed 269
to provide extended congregate care services. 270
Section 3. Section 429.076, Florida Statutes, is created 271
to read: 272
429.076 Memory care services license.—An assisted living 273
facility that serves one or more memory care residents, or that 274
advertises or otherwise holds itself out as providing memory 275
CS/HB 1295 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1295-01-c1
Page 12 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
care services, must obtain a memory care services license 276
pursuant to subsection (3) or subsection (4), as applicable. A 277
facility is not required to obtain a memory care services 278
license if the facility solely provides optional supportive 279
services for residents with Alzheimer's disease and related 280
dementias which are available to all residents of the facility 281
so long as the facility complies with agency rules on 282
advertising pursuant to paragraph (2)(h). 283
(1) To obtain a memory care services license, an assisted 284
living facility must maintain a standard assisted living 285
facility license and meet any additional minimum requirements 286
adopted by rule. 287
(2) By October 1, 2026, the agency shall adopt rules to 288
provide minimum standards for memory care services licenses. 289
Such rules must include, but are not limited to: 290
(a) Policies and procedures for providing memory care 291
services. 292
(b) Standardized admittance criteria for memory care 293
residents. 294
(c) The minimum level of care, services, and activities 295
that must be provided to memory care residents. 296
(d) Minimum training requirements for staff at a facility 297
with a memory care services license, which must meet or exceed 298
training requirements established in s. 430.5025. 299
(e) Safety requirements specific to memory care residents, 300
CS/HB 1295 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1295-01-c1
Page 13 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
including, but not limited to, requiring a memory care services 301
licensee to maintain at least one awake staff member to be on 302
duty at all hours. 303
(f) Physical plant requirements for a facility, or parts 304
of a facility as specified by the licensee, serving memory care 305
residents. 306
(g) Requirements for contracts with memory care residents 307
which, in addition to the requirements established by s. 429.24, 308
must require a memory care services licensee to specify the 309
memory care services that will be provided to the memory care 310
resident. 311
(h) Reasonable limitations on how an assisted living 312
facility may advertise or hold itself out as providing optional 313
supportive services for residents with Alzheimer's disease and 314
related dementias without obtaining a memory care services 315
license. 316
(3) An assisted living facility licensed on or after the 317
effective date of the rules required by subsection (2) must 318
obtain a memory care services license to provide memory care 319
services, serve memory care residents, or advertise or hold 320
itself out as providing memory care services or otherwise 321
serving memory care residents. 322
(4) Except as provided in subsection (5), an assisted 323
living facility licensed before the effective date of the rules 324
required by subsection (2) must obtain a memory care services 325
CS/HB 1295 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1295-01-c1
Page 14 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
license when such facility renews its license in order to begin 326
or continue to provide memory care services, serve memory care 327
residents, or advertise or hold itself out as providing such 328
services or serving such residents. 329
(5)(a) A facility that serves one or more memory care 330
residents accepted before the effective date of the rules 331
required by subsection (2) may continue to serve such memory 332
care residents and provide memory care services to such 333
residents without obtaining a memory care services license if 334
the facility: 335
1. Demonstrates to the agency that it is unable to 336
reasonably obtain such license; 337
2. Notifies any memory care residents the facility serves 338
and their caregivers, if applicable, that: 339
a. The facility is required to obtain a memory care 340
services license; 341
b. The facility is unable to obtain such license; and 342
c. The memory care resident may relocate to a facility 343
with a memory care services license, if desired. 344
3. Upon request, assists memory care residents or, if 345
applicable, their caregivers with finding a suitable alternate 346
facility. 347
4. No longer accepts any new memory care residents without 348
first obtaining a memory care services license. 349
(b) If, after receiving the notice required by 350
CS/HB 1295 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1295-01-c1
Page 15 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
subparagraph (a)2., a memory care resident or, if applicable, 351
his or her caregiver decides that the resident will remain at 352
the facility, the facility must: 353
1. Amend the resident's contract to include the memory 354
care services that are being provided to the resident; 355
2. Maintain records pertaining to when and how such 356
services were provided to the resident; and 357
3. Provide such records to the resident, his or her 358
caregivers, or the agency upon request. 359
Section 4. Effective upon the adoption of rules 360
establishing minimum standards for memory care services 361
licensees pursuant to s. 429.076, Florida Statutes, ss. 429.177 362
and 429.178, Florida Statutes, are repealed. 363
Section 5. This act shall take effect upon becoming a law. 364