Fort Myers Senior AdvisorBy Fort Myers Senior Advisor Care Team · October 4, 2026
32 of Lee County's 84 licensed ALFs report a memory care program to AHCA. Under s. 429.076, each will need a separate memory care services license once AHCA's rules take effect, due by June 1, 2027. Ask any community whether it plans to apply and how it staffs the unit at night.
What did Florida change about memory care in 2026?
Chapter 2026-102, Laws of Florida, created section 429.076 of the Florida Statutes. It requires any assisted living facility that serves memory care residents, or holds itself out as providing memory care, to obtain a memory care services license on top of its regular ALF license. The license is renewed together with the ALF license.
Until now, memory care in Florida was a description, not a license. A facility that advertised special Alzheimer's care had to meet section 429.178, which requires awake staff at all hours in buildings with 17 or more residents, dementia-appropriate activities, a safe environment and trained staff. The new law replaces that section once its rules are adopted.
How many Lee County ALFs report memory care today?
AHCA's facility profiles include a list of special programs that facilities report about themselves, including memory care. That self-reported flag is the best available picture of which buildings will need the new license.
| Community | Licensed ALFs | Report memory care | Licensed beds in those ALFs |
|---|---|---|---|
| Fort Myers | 22 | 15 | 1779 |
| Cape Coral | 40 | 9 | 709 |
| Lehigh Acres | 13 | 2 | 20 |
| Bonita Springs | 5 | 4 | 480 |
| Estero | 1 | 1 | 56 |
| North Fort Myers | 2 | 1 | 145 |
| Alva | 1 | 0 | 0 |
Source: AHCA FloridaHealthFinder profiles, retrieved November 6, 2026. Licensed beds include the whole building, not only memory care beds.
What must AHCA's memory care rules include?
The statute directs AHCA to adopt minimum standards by June 1, 2027, covering admission criteria, the services and activities a licensed provider must offer, staff training at or above the dementia training already required by section 430.5025, physical environment standards, the terms a contract must contain, and at least one awake staff member at all times.
The law also reserves phrases such as memory care, dementia care and Alzheimer's care for licensed providers. A facility without the license may still describe the help it gives residents with dementia, but it may not use those terms or claim to provide memory care services.
What happens to residents of a facility that does not get licensed?
Facilities already licensed when the rules take effect have six months to obtain the memory care license. A facility already serving memory care residents that cannot reasonably get the license may keep them only if it notifies residents and families in writing that they may move, helps them find a licensed facility on request, stops admitting memory care residents and amends each contract to describe what it will provide.
For a Lee County family choosing in 2026, that is a real consideration. A building that markets memory care today but is not planning to apply could stop admitting memory care residents within a year or two.
How is the new license different from what memory care units do today?
Today a Lee County ALF can run a secured unit and call it memory care if it meets the older Alzheimer's care standard in section 429.178. The new license adds a separate state approval, specific rules for who can be admitted, minimum services and activities, environmental standards and required contract terms, and it reserves the marketing language for licensed providers.
For families, the most practical difference will be visibility: once the license exists, FloridaHealthFinder will show which facilities hold it, so you will no longer have to rely on a self-reported program flag.
Should a Lee County family wait for the new license before choosing memory care?
Usually not. If a parent needs a secured setting now, waiting a year for rules to settle can put them at risk. Choose a community that already meets the current Alzheimer's care standard, has awake staff on the unit at night and a clean recent inspection record, and get its plans for the new license in writing. Ask whether the contract will change once the license is issued, and how residents will be told.
If the decision can wait, touring now and deciding later is reasonable; the license list on FloridaHealthFinder will make comparison easier once it appears.
What should Fort Myers and Cape Coral families ask now?
Ask whether the community intends to apply for the s. 429.076 license and when; how many caregivers are awake on the memory care unit itself overnight; how many current caregivers have completed dementia training; how residents who try to leave are kept safe; and what changes in a resident's condition would lead to a move notice.
Then check the facility's AHCA inspection history for citations involving supervision or dementia training. Our memory care roster lists every Lee County ALF that reports a memory care program, with its latest survey.
Frequently asked questions
Does Florida require a memory care license now?
The requirement exists in law (s. 429.076) but applies once AHCA adopts its rules, due by June 1, 2027.
How many Lee County ALFs report memory care?
32 of 84 report a memory care program on their AHCA profiles.
What rule applies to memory care before 2027?
Section 429.178, which covers ALFs that advertise special care for people with Alzheimer's disease.
Will my parent have to move if the facility is not licensed?
Possibly; a facility that cannot get the license must tell residents in writing and help those who want to move find a licensed facility.
