Resident files do not stop being compliance records when a resident moves out, transfers, or dies. A Florida assisted living facility must preserve the records for the required period and be able to produce them when an authorized person or agency requests them.

The primary retention rule is found in Rule 59A-36.015. Except for resident contracts, a Florida ALF must retain resident records for 2 years following the resident's departure from the facility. Resident contracts must be retained for 5 years, and a contract may require the facility to keep records longer. Records management is part of the compliance infrastructure every owner needs to set up before opening, which is one reason how to open an ALF in Florida the right way includes building your file systems before the first resident arrives.

Two Years, With a Five-Year Contract Exception

What Does "Following the Departure of a Resident" Mean?

For the general resident-record rule, the two-year period begins when the resident departs the facility, not when the person was admitted and not when a particular document was created. Departure may result from transfer, discharge, relocation, or death.

The facility should document the departure date consistently in the admission and discharge log, resident file, contract records, refund documentation, and any closing checklist. Conflicting dates make it difficult to calculate the retention period and can create questions during an inspection or dispute.

Why the Contract Has a Different Retention Rule

Florida Statute 429.24 requires the licensee to keep resident contracts on file and prohibits destroying or otherwise disposing of a contract until 5 years after it expires. Rule 59A-36.015 repeats the five-year exception for resident contracts.

The contract file should include the executed agreement and all addenda. Rate changes, service changes, refund terms, bed-hold arrangements, and other amendments may affect later questions about what the facility promised, charged, or provided. Keeping only the signature page is not a sound retention practice.

For the full list of what must appear in the resident contract, see our post on what a Florida ALF contract must include.

What Must Be Included in a Resident Record?

Rule 59A-36.015 identifies the documents and information that belong in resident records. Depending on the resident and services provided, the file may include:

• Demographic, insurance, emergency-contact, health care practitioner, and case-manager information
• The AHCA Form 1823 Resident Health Assessment or another qualifying medical examination form
• Orders for medications, nursing services, therapeutic diets, DNROs, and other ordered services
• Resident care documentation and required weight records
• Written informed consent when unlicensed staff assist with self-administration of medication
• Medication records when the facility manages pill organizers, assists with medications, or administers medication
• The resident contract and all addenda
• Required statements and documentation involving resident funds or property
• Documents appointing a health care surrogate, proxy, guardian, or attorney in fact, when applicable
• Hospice documentation, including the interdisciplinary care plan when required
• The resident's DNRO form, if applicable
• Additional records required by an LMH, ECC, or LNS specialty license

A complete file should tell a consistent story from admission through departure. For more on what triggers the admission documentation requirements, see our post on 

medical examination requirements before admission in a Florida ALF.

Where Must the Records Be Kept?

Rule 59A-36.015 requires resident records to be maintained on the premises and readily available at the licensee's physical address for review by a legally authorized entity. "Readily available" means the facility can immediately produce the information in paper or electronic form upon request.

Electronic storage is allowed, but it does not excuse delays caused by forgotten passwords, unavailable vendors, a single staff member having access, or files stored on a device that is not at the facility. Staff present during operating hours must be able to retrieve and produce the requested record.

For context on who has authority to inspect those records, see our post on AHCA unannounced inspections of Florida ALFs.

Who May Access a Resident's Records?

The rule requires resident records to be available to the resident and to authorized people such as the resident's legal representative, designee, surrogate, guardian, attorney in fact, case manager, or estate. Other parties may receive access when authorized in writing or by law.

Facilities should verify authority before releasing records, document what was requested and provided, and protect information from people who do not have a lawful right to receive it. A family relationship alone does not always establish legal authority to access the entire file.

Must the Facility Give the Resident a Copy When the Resident Leaves?

Yes, when requested. Rule 59A-36.015 states that residents must be provided a copy of their records upon departure upon request. A facility should have a clear process for receiving the request, verifying the requester's authority, producing the records, and documenting delivery.

The facility should retain its own required copy even after providing records to the resident or representative. Giving the original file away would leave the facility unable to satisfy its retention and inspection obligations.

Other Facility Retention Periods to Know

Review Florida Statute 429.35 and Rule 59A-36.015 before destroying any regulated record.

Common Resident-Record Retention Mistakes

• Destroying the entire file 2 years after departure, including the contract that must be kept 5 years
• Calculating the deadline from admission instead of departure or contract expiration
• Keeping only a final health assessment and discarding earlier assessments and orders
• Giving the original file to a resident or family member and retaining no facility copy
• Assuming electronic records stored offsite are compliant even though staff cannot immediately access them
• Failing to preserve records after receiving a complaint, subpoena, claim, or investigation request
• Applying the resident-record period to inspection reports, staff schedules, fire reports, or other categories with different rules
• Discarding addenda or separating them from the contract without a reliable cross-reference

If you are serious about opening an Assisted Living Facility in Florida, do not start with guesswork. Get access to our free resources for future ALF owners so you can begin learning the licensing steps, compliance expectations, and common mistakes to avoid.

Every Facility's Situation Is a Little Different

Record retention requirements intersect with your license type, specialty designations, contract terms, and any open complaints or claims. If you want to talk through how these rules apply to your specific facility and file systems, schedule time with Carline and bring your questions.