A Spring Hill resident operating a Family Day Care Home must register with the Florida Department of Children and Families (DCF) under Florida Statute 402.313 if caring for 5 to 10 children. Capacity caps under FS 402.302 are: maximum of 10 children total, including no more than 5 preschool children (with no more than 2 under 12 months) for one operator; Large Family Child Care Homes (FS 402.3131) may serve up to 12 children with one additional caregiver. Hernando County cannot zone out a FS 402-licensed family daycare from a residential district.
Florida Statute 402.302(8) defines a Family Day Care Home as 'an occupied residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee, or grant for any of the children receiving care.' Under FS 402.302(8) the maximum capacity (whether the operator is licensed or merely registered) is 10 children, with the following sub-limits: (1) a maximum of four children from birth to 12 months of age; (2) a maximum of three children from birth to 12 months when combined with three more children up to 24 months; (3) a maximum of six preschool children if all are older than 12 months; (4) a maximum of 10 children if no more than 5 are preschool age and no more than 2 are under 12 months. A Large Family Child Care Home (FS 402.3131) requires 2 years of experience as a Family Day Care Home operator and may serve up to 12 children (no more than 4 under 24 months) with one additional full-time caregiver. Hernando County is in DCF's Suncoast Region β the operator must complete the 30-clock-hour DCF Family Child Care Home introductory training, 10 hours of annual in-service training, background screening (Level 2 fingerprinting under FS 435.04 for the operator and all household members 12 and older), CPR/First Aid certification, completion of the DCF registration form CF-FSP 5197, and pay the $50 annual registration fee. Hernando County also requires a Business Tax Receipt under Chapter 18 of the County Code. Florida Statute 125.0109 expressly authorizes counties to permit Family Day Care Homes in residential zoning districts and protects them as residential uses. The Hernando County zoning code permits Family Day Care Homes as a residential accessory use in every residential district under Appendix A. A Family Day Care Home may not exclude clients under the Federal Fair Housing Act on the basis of familial status, race, color, religion, sex, national origin, or disability. Insurance: FS 402.313(11) requires every registered Family Day Care Home operator to disclose liability insurance coverage status to parents in writing.
Operating a Family Day Care Home above 4 children without DCF registration is a second-degree misdemeanor under FS 402.319. DCF may issue stop-operation orders and impose administrative fines up to $1,000 per violation under FS 402.310. Hernando County may not prohibit a DCF-registered/licensed Family Day Care Home in a residential district under FS 125.0109 preemption.
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