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

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

Key Facts

Licensing
Required, § 26-75
Adopted law
F.S. 402.301: 402.319; FAC 65C-20
Grace period
90 days to obtain a license
Class I fine
$100 to $500 per day
Advertising
Must show the license number

Summary

Brevard County adopts Florida's child care statutes and rules by reference in Section 26-70 and then layers on its own requirements. Family day care homes must be licensed, and the county rules apply in the municipalities as well as unincorporated areas.

City-specific rules exist: Melbourne, Titusville, Palm Bay, and Cocoa have their own home daycare rules that differ from Brevard County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

F.S. 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.  Proof of screening and background checks. 6.  Proof of successful completion of the 30-hour training course, as evidenced by passage of a competency examination, which shall include: a.  State and local rules and regulations that govern child care. b.  Health, safety, and nutrition. c.  Identifying and reporting child abuse and neglect. d.  Child development, including typical and atypical language development; and cognitive, motor, social, and self-help skills development. e.  Observation of developmental behaviors, including using a checklist or other similar observation tools and techniques to determine a child’s developmental level. f.  Specialized areas, including early literacy and language development of children from birth to 5 years of age, as determined by the department, for owner-operators of family day care homes. 7.  Proof that immunization records are kept current. 8.  Proof of completion of the required continuing education units or clock hours. (b)  A family day care home may volunteer to be licensed under this act.

Source: Brevard County Code of Ordinances (Municode)View official code

Full Breakdown

Section 26-70 adopts Florida Statutes 402.301 through 402.319 and Florida Administrative Code Chapters 65C-20 and 65C-22 by reference, and applies them in all municipalities and in unincorporated Brevard. Section 26-75 requires family day care homes to be licensed, gives unlicensed homes 90 days to comply, and adds vehicle rules: a licensed driver, insurance, a seat belt or restraint for every child, and a transport log kept six months. Smoking is banned in vehicles carrying children. Section 26-76 adds food service standards, written incident reports, notice if a household pet is declared dangerous, and posting of the latest inspection reports.

Violations & Fines

Section 26-72 fines class I violations $100 to $500 per day and class II and class III violations $50 to $100 per day. The licensing agency may also suspend or revoke a license.

Frequently Asked Questions

Who enforces daycare home rules in Brevard County?
The local child care licensing agency enforces Chapter 26, Article IV. Section 26-72 preserves its authority to suspend or revoke a license, seek injunctive relief, or pursue any other remedy at law.
What are typical penalties for violating daycare home rules?
Section 26-72 sets $100 to $500 per day for class I violations and $50 to $100 per day for class II and class III violations, scaled to severity and repetition.

Sources & Official References

Other rules in Brevard County

All Brevard County rules

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