Florida Department of Children and Families
Florida is the state whose threshold is written on families rather than a headcount. A family child care home is an occupied residence where 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, per Fla. Stat. 402.302(8). Care for the children of a single family sits outside that definition however many children there are. Once inside, the home registers annually with the Department of Children and Families, or holds a licence where the county licenses homes. Capacity runs on four fixed groups, from four babies up to ten children when five of them are preschool age.
| Tier | Children | Age limits | Your own kids |
|---|---|---|---|
| Family Child Care Home (registered)fcch registration | up to 10 |
| Count |
| Family Child Care Home (licensed)fcch license county | up to 10 |
| Count |
| Large Family Child Care Homelfcch license | up to 12 |
| Count |
Age limits and totals for every tier, with row-level citations, live on the Florida home daycare ratios page.
Every capacity group is written to include household children under 13 years of age, whether they are on the premises or on a field trip with the enrolled children. That phrase sits in the statute and in the handbook alike.
Florida renamed the family day care home to the family child care home. The statutes now read "family child care home" throughout, and the December 2025 handbook adopted the new name. Pages and forms still carrying the old name describe the same instrument.
Fla. Stat. 402.313 licenses family child care homes where a county already licenses them under an ordinance or where the county commission passes a resolution. Where neither applies, the home registers annually with the department instead, and a provider may still elect a licence voluntarily.
A large family child care home must first have operated for two consecutive years as a licensed family child care home, with an operator holding a child development associate credential or its equivalent for one year, and it keeps two full-time child care personnel on the premises during operating hours, one of them the owner or occupant.
The count is not what triggers registration. A family child care home is a residence caring for children from at least two unrelated families for a payment, fee or grant. Care for one family’s children stays outside the definition, per Fla. Stat. 402.302(8).
One of four groups, including household children under 13: four children from birth to 12 months; or three from birth to 12 months plus others to a total of six; or six preschool children if all are older than 12 months; or ten children with no more than five of preschool age and no more than two of those under 12 months.
Eight children from birth to 24 months, or twelve children with no more than four under 24 months, including household children under 13.
The December 2025 edition, adopted 3/13/2026 and incorporated by reference in Fla. Admin. Code R. 65C-20.008 effective 9/1/2026. The October 2021 edition it replaced is still in circulation.
Fla. Stat. 402.312 prohibits operating a family child care home without a licence or registration, and lets the department or the local licensing agency seek an injunction, including an emergency injunction when the court is closed.
DaycareRules is an informational reference about home child care licensing rules in the United States. It reprints thresholds, capacity limits, ratios and citations from state statutes and regulations, together with the date each state was last verified. Nothing on this site is legal advice, and rules change. Confirm with your state licensing agency before acting on any number printed here.