Home childcare in Florida is regulated by the state under FS Chapter 402. A family day care home must be licensed if Lee County requires it by ordinance; otherwise it must register annually with the Department of Children and Families. Capacity is capped at about six children.
FS 402.302 defines a family day care home as an occupied residence providing child care regularly for children from at least two unrelated families for payment. Capacity is limited (for example, a maximum of six preschool children if all are older than 12 months). Under FS 402.313, family day care homes must be licensed if the county has adopted a licensing ordinance or resolution; otherwise they must register annually with the Department of Children and Families and complete background screening, training, and immunization requirements. Homes caring for more than five unrelated children may cross into 'child care facility' licensing. Zoning treats compliant home childcare as a residential accessory use.
Operating an unlicensed or unregistered family day care home, or exceeding capacity limits, violates FS 402 and can lead to DCF enforcement, fines, and closure.
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