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Miami-Dade County, FL Home Business: Home Daycare (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Training before opening
30-clock-hour course plus competency examination
Annual training
1 continuing education unit or 10 clock hours
Registration
Annual, with the state department, if not licensed
Licensing trigger
County ordinance or board of county commissioners resolution
Household screening
Everyone over 12; ages 12 to 18 not fingerprinted
Utility rate
Licensed homes pay residential, not commercial, rates

Summary

A family child care home in Miami-Dade County must be licensed if the county licenses such homes by ordinance or the Board of County Commissioners passes a resolution requiring it. Any home not subject to license registers annually with the state department. Operators must pass a 30-clock-hour course before caring for children.

City-specific rules exist: Hialeah, Doral, Homestead, and Coral Gables have their own home daycare rules that differ from Miami-Dade County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

(1) Family child 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 child care homes be licensed. (a) If not subject to license, family child 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) Operators of family child care homes must successfully complete an approved 30-clock-hour introductory course in child care, as evidenced by passage of a competency examination, before caring for children. (5) In order to further develop their child care skills and, if appropriate, their administrative skills, operators of family child care homes shall be required to complete an additional 1 continuing education unit of approved training or 10 clock hours of equivalent training, as determined by the department, annually.

Source: Florida Statute 402.313 — Family Day Care HomesView official code

Full Breakdown

Section 402.313 of the Florida Statutes sets the floor for every home daycare in Miami-Dade County. Subsection (1) splits homes into two tracks. A family child care home is licensed if it is presently being licensed under an existing county licensing ordinance, or if the board of county commissioners passes a resolution that family child care homes be licensed. A home that is not subject to license must register annually with the department.

The annual registration packet has eight parts: the name and address of the home, the name of the operator, the number of children served, a written plan naming at least one other competent adult (with name, address and telephone number) who can substitute for the operator in an emergency, proof of screening and background checks, proof of passing the 30-hour training course, proof that immunization records are kept current, and proof of the required continuing education units or clock hours. A registered home can also volunteer to be licensed under the act.

Training comes first. Under subsection (4), an operator must pass a competency examination for an approved 30-clock-hour introductory course before caring for children. The course covers state and local child care rules, health, safety and nutrition, identifying and reporting child abuse and neglect, child development, observation of developmental behaviors, and early literacy and language development from birth to 5 years. After that, subsection (5) requires 1 continuing education unit or 10 clock hours every year, and subsection (6) adds a one-time 0.5 unit (5 clock hours) in early literacy, which counts toward that year's annual training.

Screening under subsection (3) reaches beyond the operator. Anyone over 12 years old in the operator's family, or living in the home, is covered. Household members between 12 and 18 are screened for delinquency records but are not fingerprinted. Each year the operator completes and signs the department's health and safety home inspection self-evaluation checklist and hands it to parents (subsection (7)). Subsection (12) bars charging a licensed home commercial utility rates: it pays the residential rate.

Violations & Fines

Section 402.313 prints no dollar fine or jail term. The consequence is structural: a home that skips the annual registration, cannot show the 30-hour course and competency examination, or lacks the substitute plan and screening records is not in compliance with the state requirement to operate, and the department's brochure program steers parents to the department or the local licensing agency to check a home's compliance. Penalty and enforcement standards come through the department's minimum standards rule under subsection (13), not this section's text.

Frequently Asked Questions

Does a home daycare in Miami-Dade County have to be licensed or just registered?
It depends on the county track in subsection (1). A home is licensed if it is under an existing county licensing ordinance or the Board of County Commissioners passes a resolution requiring licensure. A home not subject to license registers annually with the department. Either way, a home can volunteer to be licensed.
What training must the operator finish before taking in children?
Subsection (4) requires an approved 30-clock-hour introductory course in child care, proven by passing a competency examination, before the operator cares for any children. The course covers child care rules, health, safety and nutrition, abuse reporting, child development and early literacy.
Who in my household gets screened?
Subsection (3) applies the screening provisions in ss. 402.305(2) and 402.3055 to the operator and to any family member or resident over 12 years old. Those between 12 and 18 are checked for delinquency records and are not fingerprinted.
Do I pay commercial utility rates for a licensed home daycare?
No. Subsection (12) says any family child care home licensed under chapter 402 or under a county ordinance must be charged the utility rates accorded to a residential home, notwithstanding any other state or local law or ordinance. A licensed home may not be charged commercial rates.
What ongoing paperwork does the operator keep up each year?
Each year the operator completes 1 continuing education unit or 10 clock hours of training, renews the registration with the department if not licensed, and signs the health and safety home inspection self-evaluation checklist, which goes to parents as certification that basic standards are met.

Sources & Official References

Other rules in Miami-Dade County

All Miami-Dade County rules

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