Bill in the Spotlight: SB 1404

Florida’s Legislature adopted another bill affecting Assisted Living Facilities this year. Similar to 2025’s failed bill (HB 493 Redondo), the successful bill (SB 1404 Burton) focuses on memory care environments. SB 1404 was addressed and negotiated throughout the 2026 Legislative Session. Attendees of FHCA’s ALF Lobby Day addressed the bill, it was supported in testimony by AARP and FSLA, with aspects opposed by FALA.

The 2026 bill introduces terms that may not be used in advertising without obtaining the new Memory Care license. Terms include: memory care, memory care facility, memory care services, memory care residents, dementia care, dementia care facility, Alzheimer’s care, and Alzheimer’s care facility.

When enacted, SB 1404 will add memory care services to the categories of care requiring a special license from the Agency for Health Care Administration (s. 429.07(3), F.S.).

The bill directs the Agency to adopt rules that will address policies and procedures for memory care licensees, admittance criteria, provide minimum levels of care, and specify staff training requirements. Rules will also address safety requirements such as staff presence.

The Agency has until June 1, 2027, to adopt rules to provide minimum standards for the memory care services license; the Agency is expected to begin rule development this year.

SB 1404 Memory Care