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Weston, FL Home Business: Home Daycare (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Local condition
Must comply with F.S. § 402.302(8)
County layer
Any Broward County day care ordinance also applies
Local permit
Business Tax Receipt required, § 80.01(A), (D)
Category
Treated as a Home-Based Business, § 80.01(C)
Max fine
Up to $1,000/day, § 31.22(A)(1)

Summary

Weston permits family day care homes in residential districts as a home-based use, but § 80.01(C) requires the owner or operator to prove compliance with Florida's family day care statute, F.S. § 402.302(8), and with any ordinance or resolution Broward County has adopted under it before the use is allowed.

80.01(C) Family day care homes. “Family day care homes,” as defined in F.S. § 402.302(8), may be permitted in the City provided the Owner or operator provide evidence of compliance with all provisions set forth in the governing statute, and compliance with any ordinance or resolution adopted by Broward County pursuant to the provisions set forth in the above-referenced statute.

Full Breakdown

§ 80.01(C), inside Weston's Home-Based Businesses chapter, addresses family day care homes directly. Rather than writing its own licensing or capacity standards, the City conditions the use on state and county compliance: the operator must show evidence of compliance with F.S. § 402.302(8), the statute that defines a family day care home, and with any ordinance or resolution Broward County has adopted under that statute. Because a family day care home is treated as a category of Home-Based Business, it also has to satisfy the general home-occupation standards in § 80.01(A) and (B): the use must stay secondary to the home's residential purpose, may not change the dwelling's character, and needs a City Business Tax Receipt under (A) and (D).

The employee cap, exterior-modification, nuisance, and traffic standards in (B)(1) through (B)(7) apply as well, since the Code does not carve family day care out of them. In practice this makes Weston's local role a gatekeeping one: the City verifies through the Business Tax Receipt application that the state license and any Broward County day care ordinance requirements are met, while Florida's Department of Children and Families and Broward County set the actual staff-to-child ratios, training, and facility standards.

Violations & Fines

Operating a family day care home in Weston without the state license required by F.S. § 402.302(8) or without meeting Broward County's day care requirements means the use also fails § 80.01(C), so the City can deny or revoke the Business Tax Receipt and pursue the case through the Special Magistrate under Chapter 31, with fines up to $1,000.00 per day under § 31.22(A)(1).

Frequently Asked Questions

Does Weston license family day care homes itself?
No. § 80.01(C) requires the owner or operator to show compliance with Florida's family day care statute, F.S. § 402.302(8), and with any ordinance or resolution Broward County has adopted under it; Weston's own role is issuing the Business Tax Receipt once that compliance is documented.
Do the general home-business rules also apply to a home day care?
Yes. Because § 80.01(C) treats a family day care home as a type of Home-Based Business, the secondary-use, employee-cap, nuisance, and traffic standards in § 80.01(A) and (B) apply on top of the state and county day care requirements.
What if a home day care doesn't have a Broward County license?
Operating without the state or county compliance § 80.01(C) requires puts the use in violation of the home-based business chapter, exposing the operator to Business Tax Receipt denial and Special Magistrate fines of up to $1,000.00 per day under § 31.22(A)(1).

Sources & Official References

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