What Acts Are Prohibited in a Florida ALF?

 Florida assisted living law includes several activities that can create licensing or enforcement problems. One statute is actually titled "Prohibited acts; penalties for violation," but its focus is narrower than the title may suggest.

Florida Statute 429.47 primarily regulates how an assisted living facility advertises and represents itself to the public. Other prohibited conduct, such as operating without a license or knowingly referring a person to certain unlicensed or sanctioned facilities, appears elsewhere in Chapter 429. Getting the full picture of how to open an ALF in Florida requires understanding both the narrow advertising rules in section 429.47 and the broader restrictions in the chapter.

For the advertising compliance requirement that specifically applies to memory care programs, see our post on Florida ALF memory care disclosure requirements. For the unlicensed-operation and referral rules, see our posts on operating an unlicensed ALF in Florida and referring someone to an unlicensed ALF.

Advertising Must Match the License

Can an ALF Advertise Before the License Is Issued?

Section 429.47 allows an owner to advertise while a facility is under construction before obtaining the license. That permission should not be confused with permission to operate.

Florida Statute 429.07 requires licensure to operate an assisted living facility, so marketing activity should never turn into accepting residents or providing licensed ALF services before the facility is legally authorized to do so.

A Freestanding ALF Cannot Present Itself as a Nursing Home

A freestanding ALF may not advertise or imply that any part of the facility is a nursing home. The statute defines a freestanding facility for this purpose as one that is not operated with a nursing home to which ALF residents are given priority for admission. A violation can be subject to the administrative fine provisions in Florida Statute 429.19.

This distinction matters because assisted living and nursing homes have different licensure, staffing, service, and regulatory structures. Marketing should help families understand the actual level and type of setting they are considering.

Religious Names and Affiliations Must Be Disclosed Accurately

If a facility is affiliated with a religious organization, or its name implies a religious affiliation, the facility must disclose whether that relationship exists and identify the organization if there is an affiliation. A name, logo, or marketing message should not create a false impression of sponsorship or connection.

The AHCA License Number Belongs in Advertising

For licensed ALFs that are not part of a Chapter 651 facility, section 429.47 requires the AHCA license number in advertising. When one company or person owns multiple facilities, the advertisement must include at least one facility license number. The statute also requires the words "assisted living facility" to appear before the license number.

That requirement should be built into the facility's marketing review process so new flyers, websites, social posts, paid advertisements, and referral materials are not published without the required identification.

Other Prohibited Conduct Appears Elsewhere in Chapter 429

Florida Statute 429.08 makes it unlawful to knowingly refer a person for residency to certain facilities that are unlicensed, have had a license denied, suspended, or revoked, or are under a moratorium when the statutory conditions apply. Separate statutes address kickbacks, rebates, coercive donation solicitation, resident rights, background screening, and other areas. Prohibited acts in the ALF industry are not limited to the four advertising rules listed in section 429.47.

A Practical Advertising Compliance Check

• Confirm that every marketing claim matches the facility's current license and actual services.
• Do not use nursing-home terminology for a freestanding ALF.
• Disclose religious affiliation accurately when the facility name or branding makes it relevant.
• Place "assisted living facility" before the AHCA license number where section 429.47 requires it.
• Review websites, social media, brochures, signage, referral packets, and paid ads for the same compliance points.
• Never treat pre-license advertising as permission to operate before the ALF license is issued.

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.

Accurate Marketing Is the Simplest Form of Compliance

Once you understand the four rules in section 429.47, following them is not complicated. The harder part is building a review process, so every new marketing piece gets checked before it goes out. Families and referral partners should be able to understand what the facility is, what it is licensed to provide, and who is responsible for it.