Family day care homes in Fort Myers are licensed or registered by the Florida Department of Children and Families (DCF) under FS 402.313 and FAC Chapter 65C-20. Capacity under FS 402.302(8) is up to 10 children (with strict age-mix limits — no more than 4 under 12 months, no more than 6 preschool). Lee County requires DCF licensure of family day care homes. The activity is a permitted home business under FS 559.955.
Family day care is governed by Florida Statutes Chapter 402 and Florida Administrative Code Chapter 65C-20. FS 402.302(8) defines a 'family day care home' as an occupied residence in which child care is regularly provided for children from at least two unrelated families, capped at 10 children including the operator's own children under 13. Specific age-mix limits: maximum 4 infants from birth to 12 months; maximum 3 infants plus other children for a total of 6; or maximum 6 preschoolers if all are over 12 months; or a total of 10 children if no more than 5 are preschool age and no more than 2 are under 12 months. FS 402.313 allows counties to either (a) follow the state registration system or (b) require full DCF licensing through county ordinance. Lee County (which contains Fort Myers) has long required licensing for family day care homes through the Florida DCF Region. Operators must meet background screening, 30 hours of mandatory training (Family Child Care Home Rules, Behavioral Observation, Identifying Child Abuse), CPR/First Aid, and pass an annual home inspection. A Large Family Child Care Home (up to 12 children with a qualified employee) is a separate license type under FS 402.3131. Locally, the family day care is also a home-based business protected by FS 559.955, so Fort Myers cannot prohibit it in residential zones or impose stricter local standards than for a non-business residence. Standard LDC § 118.3.4.C home-business rules apply (one non-resident employee max — DCF licensure includes the qualified assistant for a Large FCCH).
Operating an unlicensed/unregistered family day care home is a violation of FS 402.319 enforced by DCF: misdemeanor of the first degree, civil penalties up to $100/day, and possible cease-and-desist order. Local violations of LDC § 118.3.4.C are enforced by Code Enforcement at residential standards.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Fort Myers, FL
The City of Fort Myers Code of Ordinances does not prohibit artificial turf on residential property. Florida-Friendly Landscaping (FS 373.185) protects water...
Fort Myers, FL
Florida Statute 373.185 establishes Florida-Friendly Landscaping (FFL) as a protected statewide policy. A local government ordinance or HOA covenant may not ...
Fort Myers, FL
Fort Myers Code of Ordinances Chapter 90, Article III (Water Shortage Regulations) enforces year-round landscape irrigation limits aligned with SFWMD Chapter...
Fort Myers, FL
Fort Myers Code Compliance enforces a citywide 12-inch maximum height for grass, weeds and underbrush on all property, including vacant lots, plus the adjace...
Fort Myers, FL
Fort Myers Chapter 138 (Vegetation) of the Land Development Code, including Section 138-46, governs protected-tree removal and requires permitting through th...
Fort Myers, FL
On a single-family residential lot, Florida Statute 163.045 prevents the City of Fort Myers from requiring a notice, application, approval, permit, fee, or m...
See how Fort Myers's home daycare rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.