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Tampa, FL Home Business: Home Daycare (2026)

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

Key Facts

Limit
FL §402.313 Family Day Care: up to 10 children, registration only
Limit
FL §402.3131 Large Family: up to 12 children, full DCF license
License
Hillsborough County License Board handles local inspections
Vehicle
30 hr pre-service training + CPR/First-Aid required
Rule
FL §559.955 protects daycare as a home-business use

Summary

Home-based child care in Tampa is regulated primarily by the Florida Department of Children and Families under FL Stat §402.313 (Family Day Care Homes) and §402.3131 (Large Family Child Care Homes). Family Day Care Homes serve up to 10 children (with age-mix limits) and must register annually with DCF. Large Family Child Care Homes serve up to 12 and require full licensure. Tampa permits these as a home business use consistent with FL §559.955.

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. [...] 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 [...] 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. [...] (4) 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. [...] (12) Notwithstanding any other state or local law or ordinance, any family day 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 day care home may not be charged commercial utility rates.

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

Full Breakdown

Florida operates a two-tier system for in-home child care. 313 is a residence where one operator cares for up to 10 children, including the operator's own children under 13. Specific mix limits apply: no more than 4 children under 12 months, and the total count adjusts by age group. Registration (not full license) with the Florida Department of Children and Families is mandatory annually and includes a background check, 30 hours of pre-service training, 10 hours of in-service training annually, CPR and first-aid certification, and verification of the home meeting minimum health, safety, and sanitation standards.

3131 serves up to 12 children with at least one additional full-time caregiver and requires full DCF licensing including annual inspection. In Hillsborough County, the Hillsborough County License Board for Children's Centers and Family Day Care Homes acts as the local licensing agency and conducts inspections on behalf of DCF; the board is reachable at (813) 272-5481. 955, meaning the city cannot prohibit it or require a unique local permit beyond a standard Business Tax Receipt. Zoning neutrality applies: the home must maintain residential character and parent drop-off/pick-up traffic must be consistent with neighborhood norms.

Fenced outdoor play area is required, smoke detectors and carbon monoxide alarms must be installed, and swimming pools (if present) must be isolated by DCF-compliant fencing or remain inaccessible to children.

Frequently Asked Questions

Can Tampa or an HOA ban a licensed home daycare in my neighborhood?
Generally no. Florida Statutes §559.955 prevents Tampa from banning home daycare as a land use, and §402.313(14) limits HOA authority to prohibit DCF-registered family day care homes. HOAs may impose reasonable aesthetic and safety standards.
How many children can I care for in my Tampa home without full licensing?
Under a Family Day Care Home registration with DCF you may care for up to 10 children total including your own under 13, subject to age-mix caps. Over 10 requires a Large Family Child Care Home license under FL §402.3131.

Sources & Official References

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