Hillsborough County, FL Home Business: Home Daycare (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.
(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.
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?
How many kids can a licensed home daycare care for?
What happens if I operate without a license?
Does state law override this county ordinance?
Sources & Official References
Other rules in Hillsborough County
Florida rules heatmap·Compare Hillsborough County to another location·View the Florida home business overview
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