Senior living options in Tampa: how each type works and who regulates it

Retirement communities in Tampa, Florida: the categories at a glance

If you are searching for retirement communities in Tampa, Florida, you will see providers use the same words for different things. These definitions describe the usual meaning. Always confirm what a particular community means by it, and read the contract.

The table is general. Individual communities mix categories, such as an independent living building with an assisted living wing, so each part may have its own contract and regulator. Ask for each in writing.

Owning in a 55+ community: what the age rule means

A 55+ community is housing for older persons under the Fair Housing Act. Under the Housing for Older Persons Act, a community can restrict occupancy by age if it meets the federal tests, which include that at least 80 percent of occupied units have a resident 55 or older and that it publishes and follows policies showing that intent. Each community sets its own rules on younger residents and guests within that framework. Our 55+ communities guide describes the Tampa area's communities and what to check.

Owning in a 55+ community is still owning a home. You are responsible for the purchase or lease, property tax, insurance and any association assessments. On the Florida side, a home you own and live in on January 1 can qualify for homestead, and if you are selling a Hillsborough County home the benefit can move with you under portability. See Florida homestead portability and condo, townhome, villa or single-family.

A 55+ community does not provide care. If your needs change, you would arrange in-home help yourself, or move. That is one reason some people choose a community with a care pathway, covered below.

Source: 24 CFR 100.304, housing for persons 55 or older (federal rule text, via Cornell LII).

Independent living in Tampa: a rental with services

Independent living in Tampa is generally a rental apartment or cottage in a community that bundles services into a monthly fee. Which services are included varies: meals, housekeeping, transportation, a wellness or activity program, and sometimes access to optional personal care. Pricing models also vary. Some communities charge a flat monthly fee, others a base fee plus add-ons, and some add a one-time community or move-in fee. Ask for the complete fee schedule, what is included, what is extra and how and when fees can change.

Because you rent, you build no equity, and you also take on no property tax, maintenance or insurance on a building. The tenancy is governed by a lease or residency agreement, and ordinary Florida landlord-tenant rules apply to the rental. See rent or buy after downsizing for how renting interacts with homestead and portability.

Is independent living licensed?

Florida licenses assisted living facilities. The statute defines one as a residential facility that provides housing, meals and one or more personal services for more than 24 hours to adults who are not relatives of the owner or administrator, and defines personal services as direct physical assistance with or supervision of daily activities, medication self-administration or similar services. A community that provides only housing, meals and amenities does not fit that definition, so it may hold no Agency for Health Care Administration license for that part of its operation. If a community offers help with bathing, dressing or medication, ask which part holds a license, and verify it.

Source: s.429.02, F.S., definitions.

Senior apartments in Tampa: age-restricted and income-based rentals

Senior apartments in Tampa can mean two different things.

• Market-rate age-restricted apartments. A rental property that follows the federal rules for housing for older persons, with age limits on residents. Services are usually limited to the property's amenities. Rent, deposits and renewal terms are set by the owner and the lease.
• Income-based senior housing. The U.S. Department of Housing and Urban Development's Section 202 Supportive Housing for the Elderly program funds affordable rental housing in which at least one adult member of the household must be 62 or older and the household must be below 50 percent of the area median income. Residents are typically charged 30 percent of adjusted income in rent, and the properties have a service coordinator. Other subsidized programs exist, with their own rules.

Ask each property about its waiting list and how to apply. The Elder HelpLine at 1-800-963-5337, run by the Senior Connection Center, and Hillsborough County Aging Services are public places to start. Both are listed on our resources page.

Source: HUD, Section 202 Supportive Housing for the Elderly.

Continuing care retirement communities: Chapter 651 and the Office of Insurance Regulation

A continuing care retirement community (CCRC), also called a life plan community, combines housing with a defined path to higher levels of care on one campus. Florida law defines continuing care as furnishing shelter and nursing care or personal services to residents under a contract, in return for an entrance fee. That legal definition matters because it brings the community under Chapter 651, Florida Statutes.

What the state oversees

Two agencies split the work. The Florida Office of Insurance Regulation oversees the financial side: a provider may not engage in the business of continuing care without a certificate of authority (section 651.021), entrance fees must be held in escrow under the conditions in sections 651.023 and 651.033, minimum liquid reserves are required under section 651.035, and providers file annual audited reports under section 651.026. The Agency for Health Care Administration handles health care quality.

What the law gives residents

• A right to rescind the contract within 7 days and receive a full refund of the entrance fee (section 651.055).
• A residents' council (section 651.081), and rights in section 651.085, including meetings with the governing body about changes in fees and services.

What the contract decides

The statute sets a floor. The rest comes from the contract: how much of the entrance fee is refundable and when, what the monthly fee covers, how fees can rise, what happens if you need a higher level of care and what happens if you leave or die. Contracts differ widely, and the legal and financial effect of an entrance fee is not obvious. Have a Florida elder law attorney read it before you sign. The resources page links to the Florida Bar's board-certified elder law attorney directory.

You can ask the Office of Insurance Regulation whether a community holds a certificate of authority, and ask the community for its most recent annual report and its disclosure statement.

Sources: Chapter 651, Florida Statutes; Florida OIR, Continuing Care Advisory Council presentation; Florida Office of Insurance Regulation.

How assisted living differs from the others

Assisted living is the one category in this guide with a state license built around care. In Florida, an assisted living facility provides housing, meals and one or more personal services. The Agency for Health Care Administration licenses them under Chapter 429, Part I, and a license is required to operate one. The statute creates several license types, including standard, extended congregate care (which lets residents who would otherwise be discharged stay as their needs increase), limited nursing services and limited mental health. Ask which license a facility holds, because it controls what care it may provide.

Assisted living is not the same as nursing home care, and it is not the same as independent living. Personal services in the statute are not medical, nursing, dental or mental health services. A person who needs those typically needs a facility with the appropriate license or separate care arranged through a provider.

How to look one up

The Agency for Health Care Administration operates FloridaHealthFinder, where you can search facilities and see inspection reports and final orders. The agency's phone number is 888-419-3456. The Florida Long-Term Care Ombudsman Program advocates for residents of nursing homes, assisted living facilities, adult family-care homes and continuing care retirement communities, at 1-888-831-0404.

Sources: s.429.07, F.S.; s.429.02, F.S.; AHCA FloridaHealthFinder; Florida Department of Elder Affairs, Long-Term Care Ombudsman Program.

55+ community vs independent living: choosing between ownership and services

The most common comparison is the first two categories. The core difference is the housing relationship. In a 55+ community you hold a home, with the equity, tax and upkeep that come with it. In independent living you rent, and the community carries the building and sells you services.

• If your question is what happens to the money: a 55+ home keeps your equity in the property, which you can sell later, while rent in independent living builds none. See is downsizing worth it for how to compare.
• If your question is what is included: independent living bundles services into the fee, while in a 55+ community you buy services separately.
• If your question is what happens if your needs change: neither provides care itself. Some independent living communities share a campus with assisted living, and a CCRC is built around the path between levels.
• If your question is regulation: neither is licensed for care. A 55+ community is governed by its documents and fair housing rules, and independent living by its lease.

If you are thinking about timing, when to downsize covers the Tampa calendar, and aging in place versus downsizing covers the option of staying put.

How to evaluate any senior living community

These questions work for every category. Ask for each answer in writing and compare communities against the same list.

• What exactly is the license or authority? Ask for the assisted living license, or the Chapter 651 certificate of authority for a CCRC, and verify it with the agency.
• What does the monthly fee cover, and what is extra? Ask for the full fee schedule, including levels of care.
• How can fees change? Ask how much notice residents get, and what the history of fee changes has been.
• What is refundable? For entrance or community fees, ask exactly when and how a refund is paid.
• What happens if my needs increase? Ask who decides, what the process is, and whether you could be asked to move.
• What happens in a hurricane? Ask about evacuation, backup power and communications. Read our hurricane and flood insurance guide for the owner's side.
• What do inspections show? For assisted living, read the latest inspection on FloridaHealthFinder.
• What does the contract say about leaving? Ask what happens to fees, the unit and the deposit if you move out or die.
• Who owns and runs it? Ask for the ownership and management company, and how long it has run this community.
• Who has read the contract? Have an elder law attorney review it before you sign.

Visit more than once, at different times, including a mealtime. Talk with residents who do not work for the community. If you plan to sell your home to fund a move, see estimating your net proceeds and capital gains on a home sale in Florida.

Where to check, and who to call

Selling the home first

Many people fund a move to senior living by selling their house, so sequencing matters. Buying first or selling first and the Downsizing Guide cover that. If you want an introduction to an agent on the operating team at eXp Realty to talk about selling, you can get matched. Introductions do not cover senior living communities, and we do not refer to any.