Florida Senate - 2026 SB 788 By Senator Harrell 31-00405A-26 2026788__ Page 1 of 26 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to health care; amending s. 408.821, 2 F.S.; authorizing the Agency for Health Care 3 Administration to authorize certain agencies and 4 organizations to access, use, and run reports in a 5 specified database for certain purposes; amending s. 6 408.822, F.S.; requiring the agency to publish survey 7 results in a specified manner to ensure that certain 8 facilities cannot be identified; amending s. 429.07, 9 F.S.; authorizing assisted living facilities to retain 10 certain licenses under certain circumstances; 11 requiring such facilities to notify the agency when 12 specified staffing conditions occur; amending s. 13 429.17, F.S.; requiring the agency to accept for 14 review certain late submissions for application 15 renewal; providing that late fees may still apply in 16 such cases; creating s. 429.212, F.S.; defining terms; 17 requiring referral agencies for assisted living 18 facilities to disclose specified information to a 19 consumer; requiring a referral agency to communicate 20 to certain assisted living facilities of the 21 consumer’s decision to stop using such referral 22 agency; prohibiting a referral agency from specified 23 acts; requiring a referral agency to notify an 24 assisted living facility immediately if the referral 25 agency refers a consumer to that facility; providing 26 requirements for contracts entered into between a 27 referral agency and an assisted living facility; 28 prohibiting a referral agency from offering or 29

Florida Senate - 2026 SB 788 31-00405A-26 2026788__ Page 2 of 26 CODING: Words stricken are deletions; words underlined are additions. entering into referral contracts for compensation 30 prohibited by state or federal law; amending s. 31 429.23, F.S.; revising the definition of the term 32 “adverse incident”; requiring that an adverse incident 33 report to the agency include specified information 34 relating to the affected resident and the type of 35 incident; deleting provisions requiring the agency to 36 send a certain report; amending s. 429.256, F.S.; 37 revising provisions relating to assistance with the 38 self-administration of medication; amending s. 429.26, 39 F.S.; requiring a third party providing certain 40 services or treatments to provide specified notes and 41 reports to the assisted living facility within a 42 specified timeframe; revising requirements for a 43 medical examination form; amending s. 429.41, F.S.; 44 revising licensure inspection requirements; amending 45 s. 429.52, F.S.; revising training and education 46 requirements for specified assisted living facility 47 staff; amending s. 429.55, F.S.; revising specified 48 information that each assisted living facility must 49 provide to the agency; creating s. 429.56, F.S.; 50 creating the Assisted Living Task Force adjunct to the 51 agency for specified purposes; requiring the agency to 52 provide administrative support to the task force; 53 providing for membership, compensation, meetings, and 54 duties of the task force; requiring the agency to 55 provide specified reports and information requested by 56 the task force; requiring the task force to submit 57 interim status reports and a final report to the 58

Florida Senate - 2026 SB 788 31-00405A-26 2026788__ Page 3 of 26 CODING: Words stricken are deletions; words underlined are additions. Governor and the Legislature by specified dates; 59 requiring that the reports be made available on the 60 agency’s website; providing for future legislative 61 review and repeal; providing an effective date. 62 63 Be It Enacted by the Legislature of the State of Florida: 64 65

Section 1. Subsection (4) of

section 408.821, Florida 66 Statutes, is amended to read: 67 408.821 Emergency management planning; emergency 68 operations; inactive license.— 69

(4) The agency may adopt rules relating to emergency 70 management planning, communications, and operations. Licensees 71 providing residential or inpatient services must use utilize an 72 online database approved by the agency to report information to 73 the agency regarding the provider’s emergency status, planning, 74 or operations. The agency may authorize support agencies and 75 organizations that assist the state as part of the Emergency 76 Support Function 8 of the State Emergency Response Team to 77 access, use, and run reports in the database when responding to 78 declared emergencies. 79

Section 2. Subsection (5) of

section 408.822, Florida 80 Statutes, is amended to read: 81 408.822 Direct care workforce survey.— 82

(5) The agency shall continually analyze the results of the 83 surveys and publish the results on its website in the form of 84 aggregate data on a state or regional basis and in a manner 85 sufficient to ensure that a licensed facility cannot be 86 identified. The agency shall update the information published on 87

Florida Senate - 2026 SB 788 31-00405A-26 2026788__ Page 4 of 26 CODING: Words stricken are deletions; words underlined are additions. its website monthly. 88

Section 3. Subsection (3) of

section 429.07, Florida 89 Statutes, is amended to read: 90 429.07 License required; fee.— 91

(3) In addition to the requirements of s. 408.806, each 92 license granted by the agency must state the type of care for 93 which the license is granted. Licenses shall be issued for one 94 or more of the following categories of care: standard, extended 95 congregate care, limited nursing services, or limited mental 96 health. An assisted living facility may retain such license 97 until licensure renewal, regardless of whether the facility 98 currently has residents using such services.

However, if a 99 facility is no longer staffed to provide these specialty 100 services, it must notify the agency of such lapse in staffing 101 immediately, and again once the facility is properly staffed to 102 resume providing such specialty services. 103 (

a) A standard license shall be issued to facilities 104 providing one or more of the personal services identified in s. 105 429.02. Such facilities may also employ or contract with a 106 person licensed under

part I of

chapter 464 to administer 107 medications and perform other tasks as specified in s. 429.255. 108 (

b) An extended congregate care license shall be issued to 109 each facility that has been licensed as an assisted living 110 facility for 2 or more years and that provides services, 111 directly or through contract, beyond those authorized in 112 paragraph (a), including services performed by persons licensed 113 under

part I of

chapter 464 and supportive services, as defined 114 by rule, to persons who would otherwise be disqualified from 115 continued residence in a facility licensed under this part. An 116

Florida Senate - 2026 SB 788 31-00405A-26 2026788__ Page 5 of 26 CODING: Words stricken are deletions; words underlined are additions. extended congregate care license may be issued to a facility 117 that has a provisional extended congregate care license and 118 meets the requirements for licensure under subparagraph 2. The 119 primary purpose of extended congregate care services is to allow 120 residents the option of remaining in a familiar setting from 121 which they would otherwise be disqualified for continued 122 residency as they become more impaired.

A facility licensed to 123 provide extended congregate care services may also admit an 124 individual who exceeds the admission criteria for a facility 125 with a standard license, if he or she is determined appropriate 126 for admission to the extended congregate care facility. 127 1.

In order for extended congregate care services to be 128 provided, the agency shall must first determine whether that all 129 requirements established in law and rule are met and shall must 130 specifically designate, on the facility’s license, that such 131 services may be provided and whether the designation applies to 132 all or part of the facility. This designation may be made at the 133 time of initial licensure or relicensure, or upon request in 134 writing by a licensee under this part and

part II of

chapter 135 408. The notification of approval or the denial of the request 136 shall be made in accordance with

part II of

chapter 408. Each 137 existing facility that qualifies to provide extended congregate 138 care services must have maintained a standard license and may 139 not have been subject to administrative sanctions during the 140 previous 2 years, or since initial licensure if the facility has 141 been licensed for less than 2 years, for any of the following 142 reasons: 143 a. A class I or class II violation; 144 b. Three or more repeat or recurring class III violations 145

Florida Senate - 2026 SB 788 31-00405A-26 2026788__ Page 6 of 26 CODING: Words stricken are deletions; words underlined are additions. of identical or similar resident care standards from which a 146 pattern of noncompliance is found by the agency; 147 c. Three or more class III violations that were not 148 corrected in accordance with the corrective action plan approved 149 by the agency; 150 d. Violation of resident care standards which results in 151 requiring the facility to employ the services of a consultant 152 pharmacist or consultant dietitian; 153 e. Denial, suspension, or revocation of a license for 154 another facility licensed under this

part in which the applicant 155 for an extended congregate care license has at least 25 percent 156 ownership interest; or 157 f. Imposition of a moratorium pursuant to this part or

part 158 II of

chapter 408 or initiation of injunctive proceedings. 159 160 The agency may deny or revoke a facility’s extended congregate 161 care license for not meeting the criteria for an extended 162 congregate care license as provided in this subparagraph. 163 2. If an assisted living facility has been licensed for 164 less than 2 years, the initial extended congregate care license 165 must be provisional and may not exceed 6 months.

The licensee 166 shall notify the agency, in writing, when it has admitted at 167 least one extended congregate care resident, after which an 168 unannounced inspection shall be made to determine compliance 169 with the requirements of an extended congregate care license. A 170 licensee with a provisional extended congregate care license 171 which demonstrates compliance with all the requirements of an 172 extended congregate care license during the inspection shall be 173 issued an extended congregate care license. In addition to 174

Florida Senate - 2026 SB 788 31-00405A-26 2026788__ Page 7 of 26 CODING: Words stricken are deletions; words underlined are additions. sanctions authorized under this part, if violations are found 175 during the inspection and the licensee fails to demonstrate 176 compliance with all assisted living facility requirements during 177 a follow-up followup inspection, the licensee must shall 178 immediately suspend extended congregate care services, and the 179 provisional extended congregate care license expires.

The agency 180 may extend the provisional license for not more than 1 month in 181 order to complete a follow-up followup visit. 182 3. A facility that is licensed to provide extended 183 congregate care services shall maintain a written progress 184 report on each person who receives such nursing services from 185 the facility’s staff which describes the type, amount, duration, 186 scope, and outcome of services that are rendered and the general 187 status of the resident’s health.

A registered nurse, or 188 appropriate designee, representing the agency shall visit the 189 facility at least twice a year to monitor residents who are 190 receiving extended congregate care services and to determine 191 whether if the facility is in compliance with this part,

part II 192 of

chapter 408, and relevant rules. One of the visits may be in 193 conjunction with the regular survey. The monitoring visits may 194 be provided through contractual arrangements with appropriate 195 community agencies. A registered nurse shall serve as part of 196 the team that inspects the facility. The agency may waive one of 197 the required yearly monitoring visits for a facility that has: 198 a. Held an extended congregate care license for at least 24 199 months; 200 b. No class I or class II violations and no uncorrected 201 class III violations; and 202 c. No ombudsman council complaints that resulted in a 203

Florida Senate - 2026 SB 788 31-00405A-26 2026788__ Page 8 of 26 CODING: Words stricken are deletions; words underlined are additions. citation for licensure. 204 4. A facility that is licensed to provide extended 205 congregate care services must: 206 a. Demonstrate the capability to meet unanticipated 207 resident service needs. 208 b. Offer a physical environment that promotes a homelike 209 setting, provides for resident privacy, promotes resident 210 independence, and allows sufficient congregate space as defined 211 by rule. 212 c.

Have sufficient staff available, taking into account the 213 physical plant and firesafety features of the building, to 214 assist with the evacuation of residents in an emergency. 215 d. Adopt and follow policies and procedures that maximize 216 resident independence, dignity, choice, and decisionmaking to 217 permit residents to age in place, so that moves due to changes 218 in functional status are minimized or avoided. 219 e.

Allow residents or, if applicable, a resident’s 220 representative, designee, surrogate, guardian, or attorney in 221 fact to make a variety of personal choices, participate in 222 developing service plans, and share responsibility in 223 decisionmaking. 224 f. Implement the concept of managed risk. 225 g. Provide, directly or through contract, the services of a 226 person licensed under

part I of

chapter 464. 227 h. In addition to the training mandated in s. 429.52, 228 provide specialized training as defined by rule for facility 229 staff. 230 5. A facility that is licensed to provide extended 231 congregate care services is exempt from the criteria for 232

Florida Senate - 2026 SB 788 31-00405A-26 2026788__ Page 9 of 26 CODING: Words stricken are deletions; words underlined are additions. continued residency set forth in rules adopted under s. 429.41. 233 A licensed facility must adopt its own requirements within 234 guidelines for continued residency set forth by rule. However, 235 the facility may not serve residents who require 24-hour nursing 236 supervision. A licensed facility that provides extended 237 congregate care services must also provide each resident with a 238 written copy of facility policies governing admission and 239 retention. 240 6.

Before the admission of an individual to a facility 241 licensed to provide extended congregate care services, the 242 individual must undergo a medical examination as provided in s. 243 429.26(5) and the facility must develop a preliminary service 244 plan for the individual. 245 7. If a facility can no longer provide or arrange for 246 services in accordance with the resident’s service plan and 247 needs and the facility’s policy, the facility must make 248 arrangements for relocating the person in accordance with s. 249 429.28(1)(k). 250 (

c) A limited nursing services license shall be issued to a 251 facility that provides services beyond those authorized in 252 paragraph (

a) and as specified in this paragraph. 253 1. In order for limited nursing services to be provided in 254 a facility licensed under this part, the agency must first 255 determine whether that all requirements established in law and 256 rule are met and must specifically designate, on the facility’s 257 license, that such services may be provided. This designation 258 may be made at the time of initial licensure or licensure 259 renewal, or upon request in writing by a licensee under this 260 part and

part II of

chapter 408. Notification of approval or 261

Florida Senate - 2026 SB 788 31-00405A-26 2026788__ Page 10 of 26 CODING: Words stricken are deletions; words underlined are additions. denial of such request shall be made in accordance with

part II 262 of

chapter 408. An existing facility that qualifies to provide 263 limited nursing services must have maintained a standard license 264 and may not have been subject to administrative sanctions that 265 affect the health, safety, and welfare of residents for the 266 previous 2 years or since initial licensure if the facility has 267 been licensed for less than 2 years. 268 2.

A facility that is licensed to provide limited nursing 269 services shall maintain a written progress report on each person 270 who receives such nursing services from the facility’s staff. 271 The report must describe the type, amount, duration, scope, and 272 outcome of services that are rendered and the general status of 273 the resident’s health. A registered nurse representing the 274 agency shall visit the facility at least annually to monitor 275 residents who are receiving limited nursing services and to 276 determine whether if the facility is in compliance with 277 applicable provisions of this part,

part II of

chapter 408, and 278 related rules. The monitoring visits may be provided through 279 contractual arrangements with appropriate community agencies. A 280 registered nurse shall also serve as part of the team that 281 inspects such facility. Visits may be in conjunction with other 282 agency inspections. The agency may waive the required yearly 283 monitoring visit for a facility that has: 284 a. Had a limited nursing services license for at least 24 285 months; 286 b. No class I or class II violations and no uncorrected 287 class III violations; and 288 c. No ombudsman council complaints that resulted in a 289 citation for licensure. 290

Florida Senate - 2026 SB 788 31-00405A-26 2026788__ Page 11 of 26 CODING: Words stricken are deletions; words underlined are additions. 3. A person who receives limited nursing services under 291 this part must meet the admission criteria established by the 292 agency for assisted living facilities. When a resident no longer 293 meets the admission criteria for a facility licensed under this 294 part, arrangements for relocating the person shall be made in 295 accordance with s. 429.28(1)(k), unless the facility is licensed 296 to provide extended congregate care services. 297

Section 4. Subsection (2) of

section 429.17, Florida 298 Statutes, is amended to read: 299 429.17 Expiration of license; renewal; conditional 300 license.— 301

(2) A license shall be renewed in accordance with

part II 302 of

chapter 408 and the provision of satisfactory proof of 303 ability to operate and conduct the facility in accordance with 304 the requirements of this part and adopted rules, including proof 305 that the facility has received a satisfactory firesafety 306 inspection, conducted by the local authority having jurisdiction 307 or the State Fire Marshal, within the preceding 12 months.

If an 308 application for renewal is submitted within 30 days after the 309 expiration date of the license, the application must be accepted 310 for review if the application submission contains an explanation 311 of the reason for the submission after licensure expiration; 312 however, late fees may still be imposed. 313

Section

Section 429.212, Florida Statutes, is created to 314 read: 315 429.212 Referral agencies for assisted living facilities.— 316

(1) As used this section, the term: 317 (a) “Consumer” means a person seeking a referral to an 318 assisted living facility. 319

Florida Senate - 2026 SB 788 31-00405A-26 2026788__ Page 12 of 26 CODING: Words stricken are deletions; words underlined are additions. (b) “Referral agency” means a person or entity that 320 provides assisted living facility referrals to consumers for a 321 fee collected from a consumer or a facility. The term does not 322 include: 323 1. An assisted living facility or its employees; or 324 2.

A resident of an assisted living facility, or a 325 resident’s family member who refers a consumer to the facility 326 regardless of any discount or other remuneration the community 327 pays to that person. 328 (c) “Referral” means the act of directing, recommending, or 329 facilitating the connection of a person, or his or her 330 representative, to an assisted living facility, with the intent 331 of assisting the person in obtaining long-term care, housing, or 332 related services, where the referring person or entity receives 333 compensation, including, but not limited to, a fee or a 334 commission, from the facility.

The term includes providing 335 information about specific facilities or providers, arranging 336 tours or consultations, or coordinating placement in the 337 facility. 338 (2)(

a) At the time of a referral, a referral agency shall 339 provide to the consumer a disclosure statement that includes all 340 of the following: 341 1. A description of the referral agency’s services. 342 2. A statement on whether the consumer or the assisted 343 living facility to which the consumer is referred is responsible 344 for paying the referral fee. 345 3. A statement that the consumer may stop using the 346 referral agency at any time without cause or penalty. 347 4. A statement identifying the date of expiration of the 348

Florida Senate - 2026 SB 788 31-00405A-26 2026788__ Page 13 of 26 CODING: Words stricken are deletions; words underlined are additions. referral services being provided to the consumer, including an 349 explanation that after the expiration of the referral services, 350 neither the consumer nor the assisted living facility that the 351 consumer chooses is responsible for paying any referral fee. 352 5. A statement disclosing whether the referral agency has 353 contracts with the recommended assisted living facilities. 354 6.

A notice that the consumer has the right to request 355 information about all assisted living facilities in the 356 requested geographic area which meet the consumer’s stated 357 preferences and care needs, including facilities with which the 358 referral agency does not have a contractual relationship. 359 (

b) If a consumer decides to stop using a referral agency, 360 the referral agency shall communicate the consumer’s decision to 361 all assisted living facilities to which the referral agency has 362 referred the consumer. A consumer’s decision to stop using a 363 referral agency does not affect a contractual agreement, if any, 364 between the referral agency and an assisted living facility. 365

(3) A referral agency may not: 366 (

a) Refer a consumer to an assisted living facility in 367 which the referral agency has an ownership, management, or 368 financial interest; 369 (

b) Hold a power of attorney for a consumer or hold a 370 consumer’s property in any capacity; 371 (

c) Knowingly refer a consumer to an assisted living 372 facility that is unlicensed and is not exempt from licensing 373 under applicable law; 374 (

d) Collect a referral fee when a consumer moves to a 375 different assisted living facility, unless the consumer has 376 engaged the referral agency to help facilitate his or her move 377

Florida Senate - 2026 SB 788 31-00405A-26 2026788__ Page 14 of 26 CODING: Words stricken are deletions; words underlined are additions. to a different facility; or 378 (

e) Collect a referral fee after the expiration of the 379 referral according to the contract between the referral agency 380 and the assisted living facility. 381

(4) If a referral agency refers a consumer to an assisted 382 living facility, the referral agency must immediately notify the 383 assisted living facility of the referral by a written physical 384 or electronic document that includes the time and date of the 385 referral. Such notification must include a copy of the 386 disclosure statement provided to the consumer by the referral 387 agency. 388 (5)(

a) A written contract entered into between a referral 389 agency and an assisted living facility may provide for the 390 compensation of a referral agency for all referrals made with 391 respect to an assisted living facility. The amount of 392 compensation may be based on the volume or value of referrals 393 made by the referral agency or business generated between the 394 parties. 395 (

b) Notwithstanding any other law to the contrary, 396 compensation paid to a referral agency which is in compliance 397 with this

section is not grounds for disciplinary action against 398 an assisted living facility. 399 (

c) A referral agency may not offer or enter into a 400 contract authorized under this

section for compensation 401 otherwise prohibited under state or federal law. 402

Section 6. Present subsections (4), (6), (7), (8), (9), and 403 (10) of

section 429.23, Florida Statutes, are redesignated as 404 subsections (3), (4), (5), (6), (7), and (8), respectively, and 405 subsection (2) and present subsections (3), (4), (5), and (9) of 406

Florida Senate - 2026 SB 788 31-00405A-26 2026788__ Page 15 of 26 CODING: Words stricken are deletions; words underlined are additions. that

section are amended, to read: 407 429.23 Internal risk management and quality assurance 408 program; adverse incidents and reporting requirements.— 409

(2) Every facility licensed under this

part is required to 410 maintain adverse incident reports. For purposes of this section, 411 the term, “adverse incident” means: 412 (

a) An event over which facility personnel possess the 413 capacity, authority, or realistic ability to could exercise 414 control rather than as a result of the resident’s condition and 415 results in: 416 1. Death; 417 2. Brain or spinal damage; 418 3. Permanent disfigurement; 419 4. Fracture or dislocation of bones or joints; 420 5. Any condition that required medical attention to which 421 the resident has not given his or her consent, including failure 422 to honor advanced directives; 423 6.

Any condition that requires the transfer of the resident 424 from the facility to a unit providing more acute care due to the 425 incident rather than the resident’s condition before the 426 incident; or 427 7. An event that is reported to law enforcement or its 428 personnel for investigation; or 429 (

b) Resident elopement, if the elopement places the 430 resident at risk of harm or injury. 431

(3) Licensed facilities shall provide within 1 business day 432 after the occurrence of an adverse incident, through the 433 agency’s online portal, or if the portal is offline, by 434 electronic mail, a preliminary report to the agency on all 435

Florida Senate - 2026 SB 788 31-00405A-26 2026788__ Page 16 of 26 CODING: Words stricken are deletions; words underlined are additions. adverse incidents specified under this section. The report must 436 include information regarding the identity of the affected 437 resident, the type of adverse incident, and the status of the 438 facility’s investigation of the incident. 439 (3)

(4) Licensed facilities shall provide Within 15 days 440 after the occurrence of an adverse incident, licensed facilities 441 shall provide, through the agency’s online portal, or if the 442 portal is offline, by electronic mail, a full report to the 443 agency on all adverse incidents specified in this section. The 444 report must include information regarding the identity of the 445 affected resident, the type of adverse incident, and the results 446 of the facility’s investigation into the adverse incident. 447

(5) Three business days before the deadline for the 448 submission of the full report required under subsection (4), the 449 agency shall send by electronic mail a reminder to the 450 facility’s administrator and other specified facility contacts. 451 Within 3 business days after the agency sends the reminder, a 452 facility is not subject to any administrative or other agency 453 action for failing to withdraw the preliminary report if the 454 facility determines the event was not an adverse incident or for 455 failing to file a full report if the facility determines the 456 event was an adverse incident. 457 (7)

(9) The adverse incident reports and preliminary adverse 458 incident reports required under this

section are confidential as 459 provided by law and are not discoverable or admissible in any 460 civil or administrative action, except in disciplinary 461 proceedings by the agency or appropriate regulatory board. 462

Section 7. Paragraphs (

a) and (

b) of subsection (4) of 463

section 429.256, Florida Statutes, are amended to read: 464

Florida Senate - 2026 SB 788 31-00405A-26 2026788__ Page 17 of 26 CODING: Words stricken are deletions; words underlined are additions. 429.256 Assistance with self-administration of medication 465 and with other tasks.— 466

(4) Assistance with self-administration of medication does 467 not include: 468 (

a) Mixing, compounding, converting, or calculating 469 medication doses, except for measuring a prescribed amount of 470 liquid medication, or breaking a scored tablet or crushing a 471 tablet as prescribed, or dialing an insulin pen prefilled by the 472 manufacturer. 473 (

b) The preparation of syringes for injection or the 474 administration of medications by any injectable route, except 475 for the attachment of a new needle to an insulin pen prefilled 476 by the manufacturer. 477

Section 8. Paragraph (

a) of subsection (1) and subsection 478 (5) of

section 429.26, Florida Statutes, are amended to read: 479 429.26 Appropriateness of placements; examinations of 480 residents.— 481

(1) The owner or administrator of a facility is responsible 482 for determining the appropriateness of admission of an 483 individual to the facility and for determining the continued 484 appropriateness of residence of an individual in the facility.

A 485 determination must be based upon an evaluation of the strengths, 486 needs, and preferences of the resident, a medical examination, 487 the care and services offered or arranged for by the facility in 488 accordance with facility policy, and any limitations in law or 489 rule related to admission criteria or continued residency for 490 the type of license held by the facility under this part. The 491 following criteria apply to the determination of appropriateness 492 for admission and continued residency of an individual in a 493

Florida Senate - 2026 SB 788 31-00405A-26 2026788__ Page 18 of 26 CODING: Words stricken are deletions; words underlined are additions. facility: 494 (

a) A facility may admit or retain a resident who receives 495 a health care service or treatment that is designed to be 496 provided within a private residential setting if all 497 requirements for providing that service or treatment are met by 498 the facility or a third party. The third party must provide 499 notes and reports pertaining to any change in condition of the 500 resident to the facility within 24 hours after each resident 501 visit in a manner agreed upon by the third party and the 502 facility. 503

(5) Each resident must have been examined by a licensed 504 physician, a licensed physician assistant, or a licensed 505 advanced practice registered nurse within 60 days before 506 admission to the facility or within 30 days after admission to 507 the facility, except as provided in s. 429.07. The information 508 from the medical examination must be recorded on the 509 practitioner’s form or on a form adopted by agency rule.

The 510 medical examination form, completed to the extent deemed to be 511 appropriate by the practitioner, and signed only by the 512 practitioner, must be submitted to the owner or administrator of 513 the facility, who shall use the information contained therein to 514 assist in the determination of the appropriateness of the 515 resident’s admission to or continued residency in the facility. 516 The owner or administrator may request additional information to 517 be completed by the practitioner in the medical examination form 518 if necessary to determine appropriateness of admission or 519 continued residency in the facility.

The medical examination 520 form may only be used to record the practitioner’s direct 521 observation of the patient at the time of examination and must 522

Florida Senate - 2026 SB 788 31-00405A-26 2026788__ Page 19 of 26 CODING: Words stricken are deletions; words underlined are additions. include the patient’s medical history. Such form does not 523 guarantee admission to, continued residency in, or the delivery 524 of services at the facility and must be used only as an 525 informative tool to assist in the determination of the 526 appropriateness of the resident’s admission to or continued 527 residency in the facility.

The medical examination form, 528 reflecting the resident’s condition on the date the examination 529 is performed, becomes a permanent part of the facility’s record 530 of the resident and must be made available to the agency during 531 inspection or upon request. An assessment that has been 532 completed through the Comprehensive Assessment and Review for 533 Long-Term Care Services (CARES) Program fulfills the 534 requirements for a medical examination under this subsection and 535 s. 429.07(3)(b)6. 536

Section 9. Subsection (5) of

section 429.41, Florida 537 Statutes, is amended to read: 538 429.41 Rules establishing standards.— 539

(5) The agency may use an abbreviated biennial standard 540 licensure inspection that consists of, at a minimum, a desk 541 review of key quality-of-care standards in lieu of a full 542 inspection in a facility that has a good record of past 543 performance.

However, a full inspection must be conducted in a 544 facility that has a history of class I or class II violations; 545 uncorrected class III violations; or a class I, class II, or 546 uncorrected class III violation resulting from a complaint 547 referred by the State Long-Term Care Ombudsman Program within 548 the previous licensure period immediately preceding the 549 inspection or if a potentially serious problem is identified 550 during the abbreviated inspection. The agency shall adopt by 551

Florida Senate - 2026 SB 788 31-00405A-26 2026788__ Page 20 of 26 CODING: Words stricken are deletions; words underlined are additions. rule the key quality-of-care standards. 552

Section 10. Subsection (6) of

section 429.52, Florida 553 Statutes, is amended to read: 554 429.52 Staff training and educational requirements.— 555

(6) Staff assisting with the self-administration of 556 medications under s. 429.256 must complete a minimum of 6 557 additional hours of training provided by a registered nurse or a 558 licensed pharmacist before providing assistance. Additional 559 training and a determination of competency by a registered nurse 560 or a licensed pharmacist is required for dialing or attaching a 561 new needle to an insulin pen that is prefilled by the 562 manufacturer. Two hours of continuing education are required 563 annually thereafter. The agency shall establish by rule the 564 minimum requirements of this training. 565

Section 11. Paragraphs (

a) and (

b) of subsection (1) of 566

section 429.55, Florida Statutes, are amended to read: 567 429.55 Consumer information.— 568

(1) CONSUMER INFORMATION WEBSITE.—The Legislature finds 569 that consumers need additional information on the quality of 570 care and service in assisted living facilities in order to 571 select the best facility for themselves or their loved ones. 572 Therefore, the Agency for Health Care Administration shall 573 create content that is easily accessible through the home page 574 of the agency’s website either directly or indirectly through 575 links to one or more other established websites of the agency’s 576 choosing. The website must be searchable by facility name, 577 license type, city, or zip code.

By November 1, 2015, the agency 578 shall include all content in its possession on the website and 579 add content when received from facilities. At a minimum, the 580

Florida Senate - 2026 SB 788 31-00405A-26 2026788__ Page 21 of 26 CODING: Words stricken are deletions; words underlined are additions. content must include: 581 (

a) Information on each licensed assisted living facility, 582 including, but not limited to: 583 1. The name and address of the facility. 584 2. The name of the owner or operator of the facility. 585 3. The number and type of licensed beds in the facility, 586 including the planned number of beds by license, category, 587 specialization, and Medicaid coverage. 588 4. The types of licenses held by the facility. 589 5. The facility’s license expiration date and status. 590 6. The total number of clients that the facility is 591 licensed to serve and the most recently available occupancy 592 levels. 593 7.

The number of private and semiprivate rooms offered. 594 8. The bed-hold policy. 595 9. The religious affiliation, if any, of the assisted 596 living facility. 597 10. The languages spoken by the staff. 598 11. Availability of nurses. 599 12. Forms of payment accepted, including, but not limited 600 to, Medicaid, Medicaid long-term managed care, private 601 insurance, health maintenance organization, United States 602 Department of Veterans Affairs, CHAMPUS program, or workers’ 603 compensation coverage. 604 13. Indication if the licensee is operating under 605 bankruptcy protection. 606 14.

Recreational and other programs available. 607 15. Special care units or programs offered. 608 16. Whether the facility is a part of a retirement 609

Florida Senate - 2026 SB 788 31-00405A-26 2026788__ Page 22 of 26 CODING: Words stricken are deletions; words underlined are additions. community that offers other services pursuant to this part or 610

part III of this chapter,

part II or

part III of

chapter 400, or 611

chapter 651. 612 17. Links to the State Long-Term Care Ombudsman Program 613 website and the program’s statewide toll-free telephone number. 614 18. Links to the websites of the providers. 615 19. Other relevant information that the agency currently 616 collects. 617 (

b) Survey and violation information for the facility, 618 including a list of the facility’s violations committed during 619 the previous 60 months, until such a time as a change of 620 ownership occurs, provided that the former and new ownership do 621 not share any direct or indirect controlling interest which on 622 July 1, 2015, may include violations committed on or after July 623 1, 2010. The list must shall be updated monthly and include all 624 of the following for each violation: 625 1. A

summary of the violation, including all licensure, 626 revisit, and complaint survey information, presented in a manner 627 understandable by the general public. 628 2. Any sanctions imposed by final order. 629 3. The date the corrective action was confirmed by the 630 agency. 631 632 The agency may adopt rules to administer this section. 633

Section

Section 429.56, Florida Statutes, is created to 634 read: 635 429.56 Assisted Living Task Force.— 636

(1) The Assisted Living Task Force, a task force as defined 637 in s. 20.03(5), is created adjunct to the agency to address the 638

Florida Senate - 2026 SB 788 31-00405A-26 2026788__ Page 23 of 26 CODING: Words stricken are deletions; words underlined are additions. increasing demand for assisted living services due to the aging 639 population, addressing the future of senior living in a way that 640 promotes personalized care, increasing flexibility in facility 641 operations, and encouraging increased investment in the assisted 642 living industry. The agency shall provide administrative support 643 services relating to the functions of the task force for the 644 purposes of carrying out the duties and responsibilities of the 645 task force. 646 (2)(

a) The task force is composed of the following members: 647 1. A person appointed by the President of the Senate. 648 2. A person appointed by the Speaker of the House of 649 Representatives. 650 3. The secretary of the agency, or his or her designee. 651 4. The secretary of the Department of Elderly Affairs, or 652 his or her designee. 653 5. The secretary of the Department of Children and 654 Families, or his or her designee. 655 6. A representative from the Florida Senior Living 656 Association. 657 7. A representative from the Florida Health Care 658 Association. 659 8.

A representative from LeadingAge Southeast. 660 9. A representative from the Florida Assisted Living 661 Association. 662 10. A representative from the Alzheimer’s Association. 663 11. A representative from the Florida

Chapter of the 664 American Association of Retired Persons. 665 12. The following members of the task force shall be 666 appointed by the secretary of the agency, from nominees 667

Florida Senate - 2026 SB 788 31-00405A-26 2026788__ Page 24 of 26 CODING: Words stricken are deletions; words underlined are additions. recommended by the associations listed in subparagraphs 6.-9.: 668 a. A representative of senior housing real estate 669 investment trusts. 670 b. A representative of assisted living facility owners. 671 c. A representative of assisted living facility 672 administrators. 673 d. A representative of assisted living facility management 674 companies. 675 e. A representative of assisted living facility Alzheimer’s 676 disease or other related disorders providers. 677 f.

A representative of continuing care facilities. 678 g. A representative of assisted living facility limited 679 nursing services providers. 680 h. A representative of assisted living facility limited 681 mental health providers. 682 i. A representative of assisted living facility extended 683 congregate care providers. 684 13. The following members of the task force shall be 685 appointed by the secretary of the agency, from among nominees 686 presented by the entities listed in subparagraphs 4., 5., 10., 687 and 11.: 688 a. A representative of residents. 689 b. A representative of resident families. 690 (

b) Members of the task force shall serve without 691 compensation. Each member serves at the pleasure of the official 692 who appointed the member. A vacancy on the task force must be 693 filled in the same manner as the original appointment. 694 (

c) The task force shall elect from among its members a 695 chair to serve for 1 year. At the end of his or her term, a new 696

Florida Senate - 2026 SB 788 31-00405A-26 2026788__ Page 26 of 26 CODING: Words stricken are deletions; words underlined are additions. operators, and an increased workforce. 726 (

d) Create a needs assessment with policy recommendations 727 to assess and improve the impact of the state’s growing aging 728 population on assisted living facilities. The task force must 729 incorporate national trends and emerging issues, including, but 730 not limited to, facility licensing, bed capacity, staffing, and 731 service delivery to best inform recommendations and maintain the 732 state’s relevance and leadership in the industry. 733 (

e) Suggest enhancements to improve the collection and use 734 of assisted living facility data, with a focus on promoting 735 accuracy and transparency. 736 (4)(

a) The agency shall provide reports and information 737 requested by the task force to assist the task force in 738 fulfilling its duties. 739 (

b) The task force shall submit interim status reports 740 detailing the efforts of the task force and findings and 741 recommendations to the Governor, the President of the Senate, 742 and the Speaker of the House of Representatives by October 1, 743 2027, and October 1, 2028, and a final report by September 1, 744 2029. The reports must be made available on the agency’s 745 website. 746

(5) In accordance with s. 20.052(8), this

section is 747 repealed on October 2, 2029, unless reviewed and saved from 748 repeal through reenactment by the Legislature. 749

Section 13. This act shall take effect July 1, 2026. 750