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Orange County, FL Home Business: Home Daycare (2026)

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

Key Facts

State License
FL DCF required
Max Children
10 including provider kids
Background
All household 12+
Insurance
Liability required
Zoning
Home occupation permitted

Summary

Family day care homes in unincorporated Orange County are permitted as home occupations but must be licensed by Florida DCF under FL Chapter 402 and registered with Orange County. Maximum 10 children allowed, including provider own children under 13.

City-specific rules exist: Winter Park, Orlando, Ocoee, and Apopka have their own home daycare rules that differ from Orange County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

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. This plan shall include the name, address, and telephone number of the designated substitute. 5. Proof of screening and background checks. 6.

Source: FL Chapter 402 Child CareView official code

Full Breakdown

Orange County Code Chapter 38 permits family day care homes as home occupations in residential zones. Providers must hold a Florida Department of Children and Families (DCF) license for large family child care homes (6-12 children) or register as a family day care home (up to 5 preschool children plus 5 school-age). Background screenings required for all household members over 12. Fire inspections required annually. Must maintain liability insurance and comply with FL §402.302-402.319 child care statutes.

Violations & Fines

Operating without DCF license: up to $100 per day per child. Zoning violations: $250-$500 civil citation through Orange County Code Enforcement.

Frequently Asked Questions

Do I need a county license in addition to state?
Yes. DCF licensing plus Orange County business tax receipt and home occupation compliance are required.

Sources & Official References

Other rules in Orange County

All Orange County rules

Florida rules heatmap·Compare Orange County to another location·View the Florida home business overview

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