Florida Statute 166.0445 preempts local zoning restrictions on family day care homes. A licensed or registered family day care home in Coral Springs constitutes a valid residential use and cannot be required to obtain special use permits, zoning waivers, or pay fees exceeding $50. Licensing is administered through the Florida Department of Children and Families.
Under Florida Statute 166.0445, the operation of a residence as a family day care home that is registered or licensed with the Florida Department of Children and Families constitutes a valid residential use for all local zoning purposes in Coral Springs. The city may not require the owner or operator to obtain any special exemption, use permit, or waiver, or to pay any special fee exceeding $50 to operate in a residential zone. Coral Springs cannot limit the number of family day care homes within a geographic area or restrict them to particular residential zoning districts. Family day care homes in Broward County caring for children from two or more unrelated families require a license from DCF. A family day care home may care for up to 10 children including the provider's own children. Large family child care homes caring for up to 12 children require additional staffing. Operators must also comply with Broward County health and safety standards and maintain appropriate liability insurance.
Operating without required DCF registration or license subjects the provider to state penalties under Chapter 402, Florida Statutes. If a local government attempts to impose zoning restrictions beyond those permitted by F.S. 166.0445, the operator may seek relief through the courts. Code compliance issues unrelated to zoning (noise, parking) are handled locally.
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