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

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

Key Facts

Governing section
Sec. 10-6.811(a), Leon County Code of Laws
Exemption
Family day care homes excluded from day care center zoning
State basis cited
F.S. § 166.0445 makes it a valid residential use
State definition cited
F.S. § 402.302(7) defines family day care home
Accessory day care cap
Limited to 35% of principal use floor area
Supplemental day care cap
No more than one-third clientele outside employment center

Summary

Leon County's land development code, Sec. 10-6.811, regulates day care centers and employer-based day care services but says plainly it does not apply to family day care homes. The county code states Florida law, F.S. § 166.0445, makes a family day care home a valid use in any residential district, so home-based child care needs no special zoning approval in the unincorporated county.

These county ordinances apply to unincorporated areas of Leon County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

For purposes of regulation, day care services shall be described and classified as either a freestanding or principal use, a supplemental use, or an accessory use. This section does not apply to family day care homes as defined in F.S. § 402.302(7). F.S. § 166.0445, states a family day care home constitutes a valid residential use.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 12).

Full Breakdown

Sec. 811 of the Leon County Code of Laws sets out three zoning categories for day care operations that are NOT family day care homes: principal day care services that function independently and must meet the locational and development standards in Division 5 of the zoning article; supplemental day care services tied to an office park or employment center, capped at no more than one-third of clientele unrelated to that center and located within the center or within one-quarter mile of it; and accessory day care services housed inside a principal business and capped at 35 percent of that business's gross floor area.

302(7). " Practically, that means a resident caring for children in a family day care home under the state's licensing threshold is not subject to Leon County's day care center zoning schedule, buffering, or the Division 5 locational standards that apply to standalone day care centers, and does not need a conditional use permit or rezoning to operate from a house in an unincorporated residential district. Licensing and staffing ratios for the home itself run through the state framework referenced in the code, not through the county zoning office.

Violations & Fines

Because Sec. 10-6.811 exempts family day care homes entirely, Leon County's zoning enforcement (Code Enforcement, County Code ch. 6) has no permit or setback violation to cite against a compliant home operation. A property that grows beyond the state's family day care home definition into an unlicensed "day care center" as defined in the county's own zoning code becomes subject to the Division 5 development standards and use-permit requirements, and can be pursued as a zoning violation under Chapter 6.

Frequently Asked Questions

Do I need a zoning permit to run a home daycare in unincorporated Leon County?
No. Sec. 10-6.811(a) of the Leon County Code of Laws states the day care services zoning schedule "does not apply to family day care homes as defined in F.S. § 402.302(7)" and that state law "states a family day care home constitutes a valid residential use." No conditional use permit, site plan, or Division 5 locational review applies to a qualifying family day care home.
What is the difference between a family day care home and a 'day care center' under county zoning?
The county's own definitions section says a day care center serves three or more unrelated persons and expressly "does not include family day care homes as defined in F.S. § 402.302(7)." Day care centers must meet Division 5's locational and development standards; family day care homes, regulated through the state licensing statute instead, do not.
Can I run a supplemental or accessory day care service from my home business?
Not under Sec. 10-6.811's supplemental or accessory categories, since those apply only to day care tied to an office park, industrial park, or other employment center and require location within or near that center. A residence-based operation instead falls under the family day care home exemption in subsection (a), not these commercial categories.

Sources & Official References

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