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

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

Key Facts

Capacity
Up to 10 children (family day care)
License
Florida DCF required
Zoning
Permitted in residential zones
State Law
FL Statute 402.313
DCF Contact
1-866-762-2237

Summary

Home daycare operations in unincorporated Miami-Dade County require Florida Department of Children and Families (DCF) licensing. Family day care homes serving up to 10 children are permitted in residential zones under Florida Statute 402.313. Zoning approval may be required for larger operations.

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.

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... Operators of family day 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.

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

Full Breakdown

Florida Statute 402.313 establishes statewide licensing for family day care homes. A family day care home may care for up to 10 children (including the operator's own children under 13). A large family child care home may serve up to 12 children with additional staffing. DCF licensing requires background screening, health and safety inspections, minimum square footage, outdoor play area, and first aid/CPR certification. Miami-Dade County zoning allows licensed family day care homes in residential zones as a permitted use under Florida preemption (FL Statute 125.0109). The county may not impose additional zoning restrictions beyond state requirements. Contact DCF at 1-866-762-2237 for licensing. Building code compliance may require inspections by RER at (786) 315-2000.

Violations & Fines

Operating an unlicensed child care facility is a misdemeanor under FL Statute 402.319 with fines up to $1,000 per day. DCF conducts inspections and can revoke licenses. Violations include inadequate supervision, exceeding capacity, and failing background screening requirements.

Frequently Asked Questions

Can I run a daycare from my home in unincorporated Miami-Dade?
Yes. Florida law preempts local zoning restrictions on licensed family day care homes. You must obtain a DCF license. Contact DCF at 1-866-762-2237.
How many children can I care for?
A family day care home may care for up to 10 children including your own under 13. A large family child care home serves up to 12 with an additional caregiver.
What are the licensing requirements?
DCF requires background screening, health/safety inspections, first aid/CPR certification, minimum square footage, and outdoor play area. Operating without a license is a misdemeanor.

Sources & Official References

Other rules in Miami-Dade County

All Miami-Dade County rules

Florida rules heatmap·Compare Miami-Dade County to another location·View the Florida home business overview

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