Florida Childcare Licensing
Florida Childcare License Exemption Threshold (2026)
Before you can legally care for children for pay in Florida, you must know the license-exemption threshold — the point at which a child care license, registration, or certificate becomes mandatory. A child care facility license is required once a person provides child care for more than five children unrelated to the operator for payment; caring for five or fewer unrelated children is exempt from child care facility licensure (Fla. Stat. 402.302(2)).
Last updated: April 2026
Researched by the TotReady Research TeamFlorida License Exemption Threshold: The Specifics
A child care facility license is required once a person provides child care for more than five children unrelated to the operator for payment
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caring for five or fewer unrelated children is exempt from child care facility licensure (Fla. Stat. 402.302(2)).
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A family day care home may care for: a maximum of 4 children from birth to 12 months
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OR a maximum of 3 children from birth to 12 months plus other children for a total of 6
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OR a maximum of 6 preschool children if all are older than 12 months
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OR a maximum of 10 children if no more than 5 are preschool age and, of those 5, no more than 2 are under 12 months (Fla. Stat. 402.302(8)).
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A large family child care home, which must have at least two full-time child care personnel on the premises, may care for a maximum of 8 children from birth to 24 months, OR a maximum of 12 children with no more than 4 under 24 months (Fla. Stat. 402.302(11)).
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Florida License Exemption Threshold: Frequently Asked Questions
How many children can I care for in Florida without a license?
A child care facility license is required once a person provides child care for more than five children unrelated to the operator for payment; caring for five or fewer unrelated children is exempt from child care facility licensure (Fla. Stat. 402.302(2)).
What is the penalty for operating unlicensed in Florida?
Operating above the Florida exemption threshold without the required license, registration, or certificate is generally unlawful and can carry fines and cease-and-desist orders. Contact the Florida Department of Children and Families, Child Care Licensing about the correct credential before you begin.
Does Florida offer a voluntary registration for small providers?
Some states let providers below the exemption threshold register voluntarily. Confirm whether Florida offers a voluntary registry with the Florida Department of Children and Families, Child Care Licensing.
Florida childcare licensing rules are amended regularly. This page is compiled from published Florida administrative codes and statutes for informational purposes only — always verify current requirements with the Florida Department of Children and Families, Child Care Licensing before relying on them. TotReady provides information and document templates, not legal or regulatory advice.