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Gulfport, FL Home Business: Home Daycare (2026)

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

Key Facts

Unlicensed cap
5 preschool + 5 after-school siblings (10 total)
Licensed cap
5 preschool + 3 related + 2 unrelated (10 total)
School-age only, licensed
7 children max, no preschoolers
Governing definition
Code of Ordinances § 22-2.02
Separate use
Day care center needs conditional-use zoning approval

Summary

Gulfport's zoning code defines a family day care home as an occupied residence that regularly provides paid child care, and it caps how many children the home may serve. An unlicensed home may care for up to five preschoolers plus five after-school siblings, ten children total, under Code of Ordinances § 22-2.02.

A family day care home means an occupied residence in which child care is regularly provided for children and which receives a payment, fee or grant for any of the children receiving care, whether or not operated for profit. A family day care home shall be allowed to provide care for one (1) of the following groups of children: (a)A family day care home my care for a maximum of five (5) preschool children from more than one (1) unrelated family and a maximum of five (5) elementary school siblings of the preschool children in care after school hours. The maximum number of five (5) preschool children includes preschool children in the home and preschool children received for day care who are not related to the resident caregiver. The total number of children in the home may not exceed ten (10) under this paragraph;

Full Breakdown

02 sets a three-tier occupancy scheme. Without a state child care license, a family day care home may serve a maximum of five preschool children from more than one unrelated family plus up to five elementary school siblings of those children after school hours, with the home's total capped at ten children. Once the home is licensed and arranges substitute care, it may instead serve five preschoolers plus three related elementary siblings plus two unrelated elementary children (still a ten-child ceiling), or, with no preschoolers at all, up to seven elementary school children from more than one family.

The definition sits in the same section that defines a separate use, the 'day care center,' which serves up to twelve children in a dedicated facility and is listed as a conditional use requiring planning and zoning board and city council review in districts such as R-3, RLM, CL-1, CL-2 and CG. A family day care home is not listed separately in any zoning district's use table, so it is regulated through this occupancy cap rather than through a discretionary zoning permit; exceeding the numeric caps effectively converts the operation into an unpermitted day care center.

Violations & Fines

Running a home daycare beyond these caps functions as operating an unpermitted day care center use. The city's general penalty under Code § 1-6 applies where no specific penalty is stated: a fine up to $500 or up to 60 days imprisonment, with each day of continued violation a separate offense. Zoning violations are also enforceable through the special master civil code enforcement process in Code §§ 12-15 through 12-23, which can impose civil penalties and a lien on the property.

Frequently Asked Questions

Can I run a home daycare in my Gulfport house?
Yes, if it meets the state definition of a family day care home under Code § 22-2.02: an occupied residence providing paid child care. Without a state license, it may serve up to five preschoolers plus five after-school siblings, ten children total; more than that requires operating as a licensed day care center instead, a separate conditional use in most zoning districts.
What is the difference between a family day care home and a day care center?
A family day care home operates inside an occupied residence under the numeric caps in § 22-2.02. A day care center, defined separately in the same section, cares for up to twelve children in a dedicated facility and is listed as a conditional use requiring planning and zoning board and city council review in districts such as R-3, RLM, CL-1, CL-2 and CG.
Does Gulfport issue a separate business license for a home daycare?
The zoning code itself does not create a city license for a family day care home; it only sets the occupancy caps in § 22-2.02. State licensing through the Florida Department of Children and Families and Pinellas County governs whether the home may operate at the licensed occupancy tiers described in that section.

Sources & Official References

Other rules in Gulfport

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