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Tampa, FL Home Business: Home Daycare (2026)

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

Key Facts

Governing law
Fla. Stat. § 402.313, family child care homes
License trigger
County licensing ordinance or county commission resolution
Default status
Annual registration with the department
Introductory training
30-clock-hour course plus competency examination
Annual training
1 continuing education unit or 10 clock hours
Household screening
Family members and residents over 12 years of age
Utility rates
Licensed homes pay residential rates, not commercial

Summary

Tampa family child care homes run under Fla. Stat. § 402.313. A home must be licensed when Hillsborough County licenses such homes by ordinance or resolution, and otherwise registers annually with the department. Every operator completes a 30-clock-hour introductory course before caring for children, then 1 continuing education unit or 10 clock hours each year, and household members over 12 years of age are screened.

(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. ... (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. ... (7) Operators of family child care homes shall be required annually to complete a health and safety home inspection self-evaluation checklist developed by the department in conjunction with the statewide resource and referral program. ... (12) Notwithstanding any other state or local law or ordinance, any family child care home licensed pursuant to this chapter or pursuant to a county ordinance shall be charged the utility rates accorded to a residential home. A licensed family child care home may not be charged commercial utility rates.

Source: Florida Statutes §402.313 — Family Day Care HomesView official code

Full Breakdown

Florida sets the rules for a home child care business in Tampa, and the statute decides who regulates a home before it decides anything else. Under subsection (1), a family child care home is licensed if it is presently licensed under an existing county licensing ordinance, or if the board of county commissioners passes a resolution that family child care homes be licensed. Tampa sits in Hillsborough County, so the county commission's action is the trigger. A home outside that trigger is still regulated: paragraph (1)(a) requires it to register annually with the department. Any home can also choose the stricter path, because paragraph (1)(b) lets a family child care home volunteer to be licensed.

The annual registration filing lists the name and address of the home, the name of the operator, the number of children served, and proof of a written plan to provide at least one other competent adult as an emergency substitute, including that person's name, address and telephone number. It also requires proof of screening and background checks, proof of passing the 30-hour training course, proof that immunization records are kept current, and proof of completing the required continuing education units or clock hours.

The 30-hour course ends in a competency examination covering state and local child care rules, health, safety and nutrition, identifying and reporting child abuse and neglect, child development, and observation of developmental behaviors with a checklist or similar tool. Owner-operators are also tested on specialized areas, including early literacy and language development of children from birth to 5 years of age. Subsection (4) requires the operator to pass before caring for children.

Training continues every year. Subsection (5) requires an additional 1 continuing education unit of approved training or 10 clock hours of equivalent training annually. Subsection (6) adds a one-time 0.5 continuing education unit in early literacy and language development, and in the year it is completed it counts toward the 0.5 unit or 5 clock hours of the annual training. Subsection (7) requires a signed health and safety home inspection self-evaluation checklist each year, which is provided to parents as certification that basic standards are being met.

Screening under subsection (3) reaches beyond the operator. It covers any member over the age of 12 years of the operator's family and any person over 12 residing in the home. Those between 12 and 18 are not fingerprinted but are screened for delinquency records. Subsection (2) puts registered homes in a directory the department publishes annually, and subsection (13) directs the department to set minimum standards by rule for homes that are licensed.

Violations & Fines

Section 402.313 prints no fine schedule, so the consequences come from the structure of the statute. A home operating without the registration or license required by subsection (1), or an operator who has not passed the 30-hour examination before caring for children under subsection (4), is out of compliance. Subsection (13) directs the department to build enforcement of standards into its rules, and subsection (10)(c) has the department track complaints, their nature and their resolution each year.

Frequently Asked Questions

Does a Tampa home child care business need a license or only a registration?
Subsection (1) licenses a home when it is already licensed under a county ordinance or when the board of county commissioners passes a resolution requiring licenses. Tampa is in Hillsborough County, so that county action decides it. A home not subject to license registers annually with the department, and any home can volunteer to be licensed under paragraph (1)(b).
How many training hours does a family child care operator need?
Before caring for children, the operator completes an approved 30-clock-hour introductory course and passes a competency examination. After that, subsection (5) requires an additional 1 continuing education unit or 10 clock hours of equivalent training every year. Subsection (6) adds a one-time 0.5 continuing education unit in early literacy and language development of children from birth to 5 years of age.
Who in the household gets background screened?
Subsection (3) applies the screening provisions of ss. 402.305(2) and 402.3055 to child care personnel, and it counts any family member of the operator over the age of 12 plus any person over 12 living in the home. Members between 12 and 18 are not fingerprinted but are screened for delinquency records.
Can the utility company charge a licensed Tampa home commercial rates?
No. Subsection (12) applies notwithstanding any other state or local law or ordinance, and it says a family child care home licensed under Chapter 402 or under a county ordinance is charged the utility rates accorded to a residential home. A licensed family child care home may not be charged commercial utility rates.
What do parents receive from the operator each year?
Subsection (7) requires each operator to complete a health and safety home inspection self-evaluation checklist annually, developed by the department with the statewide resource and referral program. The operator signs the completed checklist and gives it to parents as certification that basic health and safety standards are being met.

Sources & Official References

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