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Hillsborough County, FL Home Business: Home Daycare (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Licensing agency
Hillsborough County Office of Child Care Licensing
Standard home max
10 children, age-tiered caps
Large home max
12 children, 2 full-time staff required
Caregiver min age
18 (21 for large homes)
Criminal penalty
Up to $500 fine, 60 days jail
Governing article
Sec. 28-196 to 28-203, adopted 2014/2019

Summary

Unincorporated Hillsborough County requires anyone caring for unrelated children in a residence for pay to hold a Family Child Care Home or Large Family Child Care Home license from the county's Local Licensing Agency. Operating unlicensed, or on a suspended, revoked or terminated license, is a code violation carrying fines up to $500 and up to 60 days in jail under Sec. 28-199 and Sec. 28-202.

City-specific rules exist: Plant City, Tampa, and Temple Terrace have their own home daycare rules that differ from Hillsborough County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

(a) The operation of a Family Child Care Home or Large Family Child Care Home that is not licensed by the Local Licensing Agency is prohibited. It shall also be a violation of this article to operate a Family Child Care Home or Large Family Child Care Home under a license that is suspended, revoked or terminated. The County charges a fee for the issuance or renewal of a license. (b) Specific rules and regulations relating to the licensing of Family Child Care Homes and Large Family Child Care Homes, license fees, disciplinary actions, inspections, and hearings are set forth in the Rules and Regulations Handbook in Part II of this article. The Local Licensing Agency may deny, suspend, place on probation, or revoke the license of, or impose an administrative fine, on a Family Child Care Home or Large Family Child Care Home, for the violation of any provision of this article (including the Rules and Regulations Handbook), F.S. §§ 402.301--402.319, and/or the administrative rules or codes adopted thereunder.

Source: FL DCF Child Care LicensingView official code

Full Breakdown

The Hillsborough County Office of Child Care Licensing, acting as the county's Local Licensing Agency under Sec. 28-199, must issue a license before a residence can run as a Family Child Care Home or Large Family Child Care Home. Sec. 28-198 caps a standard Family Child Care Home at one of four group sizes: four infants under 12 months, three infants plus other children up to six total, six preschoolers over 12 months, or ten children with no more than five preschoolers and no more than two of those under 12 months.

A Large Family Child Care Home, which needs two years of prior licensure as a standard home plus a caregiver with a CDA credential, may keep up to eight children under 24 months or twelve children with no more than four under 24 months, and must staff two full-time Child Care Personnel, one of whom is the owner-occupant, during all hours of operation. The caregiver must live in the home, be at least 18 (21 for a Large Family Child Care Home), and cannot work outside the home while children are in care.

Detailed licensing, fee, inspection, disciplinary and hearing procedures sit in the Rules and Regulations Handbook adopted as Part II of the article under Sec. 28-200. Sec. 319, or as a Chapter 162 code enforcement case before a Code Enforcement Board or Special Magistrate. Sec. 28-203 makes Florida law control wherever it sets a stricter standard than the county article, and folds those state rules into the ordinance by reference.

Violations & Fines

Running an unlicensed home, or one under a suspended, revoked or terminated license, is a first-degree misdemeanor under Sec. 28-202, punishable by up to a $500 fine, up to 60 days in county jail, or both. Falsifying screening information, operating fraudulently, or misusing background-check data escalates under F.S. § 402.319 to a felony of the second or third degree when a child is harmed. The Local Licensing Agency can also deny, suspend, place on probation or revoke a license, or impose an administrative fine, under Sec. 28-199(b).

Frequently Asked Questions

Do I need a county license to run a home daycare in unincorporated Hillsborough County?
Yes. Sec. 28-199 makes it unlawful to operate a Family Child Care Home or Large Family Child Care Home without a license from the Hillsborough County Office of Child Care Licensing, and it's also a violation to keep operating once a license is suspended, revoked or terminated. The county charges a fee for issuing or renewing the license.
How many kids can a licensed home daycare care for?
Sec. 28-198 sets tiered caps: a standard Family Child Care Home may take four infants under 12 months, three infants plus others up to six total, six preschoolers over 12 months, or ten children with limits on how many are under five. A Large Family Child Care Home, which needs two prior years of licensure, may take up to eight children under 24 months or twelve with no more than four that young.
What happens if I operate without a license?
Sec. 28-202 makes it a first-degree misdemeanor, punishable by up to a $500 fine, up to 60 days in county jail, or both. The Local Licensing Agency can separately deny, suspend or revoke the license or impose an administrative fine, and the county can pursue the case as a Chapter 162 code enforcement violation before a Code Enforcement Board or Special Magistrate.
Does state law override this county ordinance?
Yes, where it's stricter. Sec. 28-203 provides that wherever Florida law or its administrative rules set a standard tougher than the county article, state law controls and is adopted into the ordinance by reference; where the county article is stricter, the county rule controls instead.

Sources & Official References

Other rules in Hillsborough County

All Hillsborough County rules

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