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Florida Statewide Rule

Florida Family Day Care Home Statewide Licensing

Heavy RestrictionsApplies statewide across Florida (2026)

Key Facts

Family Home Cap
10 children
Large Home Cap
12 children
Statute
Fla. Stat. 402.313
Background Check
Level 2 required
Last verified: September 5, 2026Source: Florida Senate

Summary

Florida regulates family and large family child care homes uniformly under Chapter 402, setting capacity limits, training, and inspection requirements applicable statewide.

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.

Full Breakdown

Fla. Stat. 402.313 governs family day care homes (up to 10 children) and 402.3131 covers large family child care homes (up to 12 children with an assistant). Operators must register or license with the Department of Children and Families (DCF), complete the 40-hour Introductory Child Care Training, hold valid CPR/First Aid certification, and submit to Level 2 background screening under Chapter 435. While zoning approval may be locally required, the operational standards (ratios, training, inspections, screenings) apply uniformly across Florida.

Violations & Penalties

Operating an unlicensed or unregistered family day care home is a misdemeanor of the first degree. DCF may issue cease-and-desist orders, fines up to $100 per day, and revoke licenses for noncompliance.

Frequently Asked Questions

Do I need a state license to run a daycare from my Florida home?
Yes. You must register or be licensed with DCF under Fla. Stat. 402.313, complete required training, and pass Level 2 background screening before caring for children.
How many children can I care for in a Florida home daycare?
Up to 10 children in a family day care home, or up to 12 in a large family child care home with a qualified second adult, subject to age-mix limits.

Sources

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