Volusia County, FL Home Business: Home Daycare (2026)
Key Facts
- State Law
- FL §402.313
- Capacity
- Up to 10 (family) or 12 (large)
- License
- DCF required
- Background
- FL §435.04 Level 2
- Insurance
- $100,000 minimum
Summary
Volusia County and Florida DCF regulate home-based childcare. Family Day Care Homes serve up to 10 children; Large Family Child Care Homes up to 12. DCF license required under FL §402.313.
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. This plan shall include the name, address, and telephone number of the designated substitute. 5.
Full Breakdown
Under FL §402.313 (Family Day Care Homes) and FL §402.3131 (Large Family Child Care Homes), home-based childcare in Volusia County requires registration or licensure through the Florida Department of Children and Families (DCF). Family Day Care Homes are limited to 10 children including the provider's own, with no more than 5 preschool-age children and no more than 2 under age 1. Large Family Child Care Homes may care for up to 12 children with a full-time assistant. Requirements include: annual DCF inspection, Level 2 background screening for all household members 12+ under FL §435.04, CPR/first aid certification, 40-hour DCF introductory training plus annual in-service hours, minimum 20 sq ft indoor space per child, fenced outdoor play area, working smoke detectors, and $100,000 liability insurance per FL §402.3055. Volusia County zoning allows home daycare in residential zones as an accessory use, though some deed-restricted communities may prohibit. Daytona Beach, DeLand, NSB, Ormond, and Deltona enforce local business tax receipt requirements.
Violations & Fines
Operating without DCF license: 1st-degree misdemeanor under FL §402.319, fines $100-$500 daily. Exceeding capacity: immediate closure. Background screening failure: disqualification. Insurance lapse: license suspension. Child safety violations: criminal investigation possible.
Frequently Asked Questions
How many children can I watch in a home daycare in Florida?
Do I need to be licensed to watch my neighbor's kids?
Sources & Official References
Other rules in Volusia County
Florida rules heatmap·Compare Volusia County to another location·View the Florida home business overview
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