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Collier County, FL Home Business: Home Daycare (2026)

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

Key Facts

Max children
10 total, age-based limits
Infants
Max four under 12 months
Own kids
Under 13 counted in total
State oversight
DCF registration or license
Governing law
FS 402.302 / 402.313

Summary

A family day care home in Florida (FS 402.302) is an occupied residence caring for children from at least two unrelated families. Capacity is capped by age, up to 10 children maximum, and Collier operators must register or be licensed with the state, plus meet home-occupation zoning.

These county ordinances apply to unincorporated areas of Collier County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

A maximum of 10 children if no more than 5 are preschool age and, of those 5, no more than 2 are under 12 months of age.

Full Breakdown

Florida statute defines a family day care home and sets strict capacity limits that apply in unincorporated Collier County. Under FS 402.302 the home may care for no more than 10 children total, with age-based sublimits: for example, a maximum of 4 infants under 12 months, or up to 10 children if no more than 5 are preschool age and no more than 2 of those are under 12 months. Household children under 13 count toward the limit. Operators must register annually with the Department of Children and Families (or be licensed if the county requires licensure) and pass background screening. The home occupation must also comply with Collier's LDC 5.02.03 residential-use standards.

Violations & Fines

Operating over the child-count limits or without required state registration/licensure exposes the provider to DCF enforcement, fines, and closure, plus county code-enforcement action.

Frequently Asked Questions

How many kids can a home daycare have?
A Florida family day care home tops out at 10 children, with tighter limits by age: for example, no more than 4 infants under 12 months.
Do I have to register with the state?
Yes. Family day care homes must register (or be licensed where required) with the Department of Children and Families and complete background screening before operating.

Sources & Official References

Other rules in Collier County

All Collier County rules

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