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Gainesville, FL Home Business: Home Daycare (2026)

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

Key Facts

Small Home Cap
Up to ten children, age-limited
Large Home Cap
Eight infants or twelve children
Spacing
1,000 feet between large homes
Licensing
Alachua County Health Department
Play Areas
Between house and rear line

Summary

Gainesville recognises small and large family child care homes, both licensed by the Alachua County Health Department. Large homes must sit 1,000 feet apart, use the operator’s own residence and keep play areas behind the house.

402.313 Family day care homes. — (1) Family day care homes shall be licensed under this act if they are presently being licensed under an existing county licensing ordinance or if the board of county commissioners passes a resolution that family day care homes be licensed. (a) If not subject to license, family day care homes shall register annually with the department, providing the following information: 1. The name and address of the home. 2. The name of the operator. 3. The number of children served. 4. Proof of a written plan to provide at least one other competent adult to be available to substitute for the operator in an emergency.

Source: City of Gainesville Code of Ordinances (Municode)View official code

Full Breakdown

A small family child care home may care for four children from birth to 12 months; or three under 12 months plus others to a total of six; or six preschool children all over 12 months; or ten children if no more than five are preschool age and no more than two are under 12 months. A large home may take eight children from birth to 24 months, or twelve with no more than four under 24 months, and must first have run two years as a licensed family day care home. Large homes also need staff approval of a plot plan and paved driveways.

Violations & Fines

Land development code violations are pursued under section 30-1.9, which lets the city use the remedies in Florida law and the city code, including the section 1-9 penalty of up to $500 or 60 days, each day a separate offense.

Frequently Asked Questions

How many children can I care for in my home?
A small family child care home may take up to ten children if no more than five are preschool age and no more than two are under 12 months of age.
Do I need a zoning permit for a home daycare?
Family day care homes are excluded from the home occupation standards in section 30-5.40. Large family child care homes must meet the section 30-5.10 conditions, including staff approval of a plot plan.

Sources & Official References

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