Last updated: November 2026
A Florida assisted living facility license is the state license, issued by the Agency for Health Care Administration (AHCA), that Florida law requires before anyone operates an assisted living facility; it is issued for one or more categories of care. Integral Healthcare Solutions (IHS) prepares new and acquiring operators for it with a statutory gap assessment, an evidence map, policy drafts and a mock review. The owner and administrator approve and file.
This page reads chapters 429 and 408 of the 2026 Florida Statutes, opened on 2026-11-05. It is not legal advice, and IHS is a consulting firm, not a law firm.
What is a Florida assisted living facility license?
Section 429.07, Florida Statutes, "License required; fee," states that a license issued by the agency is required in order to operate an assisted living facility in the state. Under section 429.02, an assisted living facility is a residential facility that through its ownership or management provides housing, meals and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administrator. "Personal services" means direct physical assistance with or supervision of the activities of daily living, the self-administration of medication, or similar services the agency may define by rule, and not medical, nursing, dental or mental health services.
- Separate licenses are required for facilities maintained in separate premises, even when operated under the same management. A separate license is not required for separate buildings on the same grounds.
- Under section 429.08, a person who owns, rents or otherwise maintains a building or property used as an unlicensed assisted living facility commits a third-degree felony, and each day of continued operation is a separate offense.
Which license category does a facility need?
Each license must state the type of care for which it is granted. The categories, and the gate in front of each:
| Category | What the statute says | Gate |
|---|---|---|
| Standard | Issued to a facility providing one or more personal services. | The base license. |
| Extended congregate care (ECC) | For facilities licensed for at least 2 years, or qualifying through the provisional-license route in the FAQ below. ECC includes nursing and supportive services beyond standard care for residents otherwise disqualified from continued residence. It excludes residents requiring 24-hour nursing supervision. | AHCA must determine compliance with law and rule and designate whether ECC covers all or part of the facility. Existing facilities must have maintained a standard license and meet the sanction-history conditions in section 429.07(3)(b)1: the look-back is 2 years, or since initial licensure if shorter. The six grounds include class I or II violations and license denial, suspension or revocation for another assisted living facility in which the applicant owns at least 25 percent. |
| Limited nursing services | For services beyond standard care as specified in section 429.07(3)(c). | AHCA must first determine that all requirements in law and rule are met and designate limited nursing services on the license. An existing facility must have maintained a standard license and may not have been subject to administrative sanctions affecting residents' health, safety and welfare in the previous 2 years (or since initial licensure, if licensed under 2 years). |
| Limited mental health | Section 429.075: a facility that serves one or more mental health residents must obtain it. | A standard license and no current uncorrected violations. Within 6 months after receiving the license, the administrator and staff in direct contact with mental health residents must complete at least 6 hours of duty-related training provided or approved by the Department of Children and Families. "Mental health resident" has the specific benefit-based definition in section 429.02(18). |
| Memory care services | A category listed in section 429.07(3). | Section 429.076 directs AHCA to adopt memory care rules by June 1, 2027, ties implementation to those rules, and includes transition periods and exceptions. AHCA's rulemaking page lists draft memory-care rules for a November 17, 2026 workshop (page opened 2026-11-05). This page does not establish a facility-specific licensing deadline. |
Who needs it and what triggers it
- Opening a new facility, or taking one over as buyer or lessee.
- Adding ECC, limited nursing or limited mental health; memory-care implementation depends on the rules and transition provisions noted above.
- Renewal: under section 408.806, the application must be received 60 to 120 days before expiration, and failure to apply before expiration renders the license void.
What does the application require?
The application goes to AHCA on its forms, under oath or attestation, with the fee (section 408.806). It names the applicant, administrator, financial officer and each controlling interest. Section 429.11 includes the following requirements; this is not the complete application checklist:
- identify all other homes or facilities currently operated by the applicant or administrator that provide housing, meals and personal services, including their addresses and applicable licenses;
- provide documentation, signed by the appropriate local government official, that it has met local zoning requirements, and proof of liability insurance;
- furnish proof of a satisfactory firesafety inspection and documentation of a satisfactory sanitation inspection by the county health department.
Review clock: omitted information that AHCA requests, other than an inspection, must be filed within 21 days after the request or the application is deemed incomplete, withdrawn and the fees forfeited. AHCA must approve or deny within 60 days after receiving a complete application.
What changes in a purchase or lease?
Under section 408.807, the transferor notifies AHCA in writing at least 60 days before the anticipated change of ownership, and under section 408.806(2)(b) the transferee's application must be received at least 60 days before it. The transferor stays responsible for lawful operation until the transferee is licensed. Any restriction on licensure, including a conditional license, stays in effect until AHCA determines the grounds are corrected.
Under section 429.12, when a facility is sold or transferred, including by leasing, the transferee must notify the residents in writing within 7 days after receipt of the new license.
How IHS helps
- Gap assessment. We compare the owner's plan and documents with the statutes above.
- Evidence map. We map the documents required by the statutory provisions discussed here and identify who produces them.
- Drafting. We draft the application packet and policy set, with clinical content for the facility's clinicians to review, change and approve.
- Mock review. We review documents and operations against the statutory provisions discussed here and draft proposed corrections for the client's review.
- Readiness support. We keep the open-items list current until the owner is ready to file.
The client supplies ownership documents, administrator and clinical lead, staffing and credentials, insurance and financial records, premises control and clinical sign-off on every clinical policy. IHS is principal-led by Thomas G. Goddard, JD, PhD, its founder and former Chief Operating Officer and General Counsel of URAC. This work sits in the compliance services and program development practice lines.
The real limit: AHCA decides whether to license a facility. IHS does not file, contact or act as liaison to AHCA, and it gives no legal conclusions. The owner or administrator files and handles all contact.
What to have ready
- Care categories and premises: 2026 Florida Statutes, section 429.07.
- ECC standard-license and sanction history, including relevant 25 percent ownership interests: 2026 Florida Statutes, section 429.07.
- Licensed capacity and designated optional-state-supplementation beds: 2026 Florida Statutes, section 429.07.
- Zoning documentation and liability insurance: 2026 Florida Statutes, section 429.11.
- Satisfactory firesafety and sanitation inspection evidence: 2026 Florida Statutes, section 429.11.
- For acquisitions, notice dates and existing restrictions: 2026 Florida Statutes, section 408.807.
When the list is mostly checked, the next step is a free introductory call to scope the work.
How it compares
A state license is not accreditation.
| Item | What it is | Where to read more |
|---|---|---|
| State license | Authorization to operate, issued by AHCA by category of care. | This page. |
| ACHC or CARF accreditation of assisted living | Accreditation by a national body, separate from the license. | IHS's ACHC assisted living and CARF assisted living pages. |
What it costs
State fees come from subsection (4) of section 429.07, Florida Statutes (page opened 2026-11-05). The section says fee amounts are established by rule.
- Paragraph (a): a biennial license fee of 300 dollars per license, plus 50 dollars per resident of total licensed resident capacity, except that no additional fee is assessed for beds designated for optional state supplementation recipients. The total under paragraph (a) may not exceed 10,000 dollars.
- Paragraph (b): ECC adds a biennial statutory fee of 400 dollars per license plus 10 dollars per resident of total licensed capacity, in addition to paragraph (a).
- Paragraph (c): limited nursing services adds a biennial statutory fee of 250 dollars per license plus 10 dollars per resident of total licensed capacity, in addition to paragraph (a).
Counties and municipalities applying for these licenses are exempt from license fees. ECC or limited nursing licenses requested during a biennial period have prorated fees calculated from AHCA's receipt of the additional application so they expire with the standard license (section 429.17). Verify current fees with AHCA. IHS scopes each engagement after a free introductory call.
What this is not
- It is not legal advice. IHS is a consulting firm, not a law firm.
- It is not a guarantee that AHCA will issue a license. The agency decides.
- It is not a filing service. IHS does not submit to or deal with AHCA for the facility.
- It does not cover Florida Administrative Code rules or AHCA forms.
Frequently asked questions
Does Florida require an assisted living facility license?
Yes. Section 429.07(1), Florida Statutes, states that a license issued by AHCA is required in order to operate an assisted living facility in the state.
Do multiple buildings need separate licenses?
Separate licenses are required for facilities maintained in separate premises, even when operated under the same management. A separate license is not required for separate buildings on the same grounds.
Can a new facility get extended congregate care right away?
Not as a full license. If the facility has been licensed for less than 2 years, the initial extended congregate care license must be provisional and may not exceed 6 months.
What happens after the first extended congregate care resident is admitted?
For a provisional ECC license, the licensee notifies AHCA in writing after admitting at least one ECC resident, triggering an unannounced inspection. Compliance with all ECC requirements leads to an ECC license. If violations are found and a follow-up inspection does not establish compliance with all assisted living facility requirements, ECC services must stop immediately and the provisional license expires. AHCA may extend the provisional license by up to 1 month to complete a follow-up visit.
How is the license fee calculated?
Section 429.07(4)(a) states a biennial fee of 300 dollars per license plus 50 dollars per resident of total licensed capacity, excluding the additional charge for designated optional-state-supplementation beds, with a 10,000-dollar cap on paragraph (a). ECC and limited nursing fees are additional; mid-period applications for those licenses are prorated under section 429.17(5). Counties and municipalities applying for licenses are exempt under section 429.07(5). Fee amounts are established by rule; verify current fees with AHCA.
What does the application require?
It goes on AHCA forms, under oath or attestation, with the fee. Section 429.11 adds zoning documentation, proof of liability insurance, and satisfactory firesafety and sanitation inspections. AHCA must approve or deny within 60 days after receiving a complete application.
What should a buyer check before acquiring a facility?
Check the license category against your planned services, any restriction or conditional license (it stays in effect after a change of ownership until AHCA finds the grounds corrected), and the 60-day dates.
What is the difference between a license and accreditation?
The license is the state authorization to operate. Accreditation is a separate review by a national body.