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Orlando, FL Home Business: Home Daycare (2026)

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

Key Facts

Capacity Limit
10 children including operator's own
DCF Registration
30-hour training, screening, CPR
Pool Barriers
FL Stat 515.27 mandatory if pool
State Preemption
HB 1451 2021 preempts city ban
HOA Restrictions
Covenants still can restrict

Summary

Family day care homes in Orlando are regulated by Florida Statute 402.313 and licensed by the Florida Department of Children and Families (DCF). A family day care home may serve up to 10 children including the operators own under-school-age children, with strict ratios by age. Operators must register or, in counties that require it, be licensed by DCF, complete background screening, training, and home inspection. Orlando treats licensed family day care as a permitted home occupation in residential zones provided state requirements are met and parking, signage, and HOA rules are followed.

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. 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. 5. Proof of screening and background checks.

Source: FL Stat 402.313 - Family Day Care HomesView official code

Full Breakdown

313 defines a family day care home as an occupied residence in which child care is regularly provided for children from at least two unrelated families. Maximum capacity is 10 children, structured as: up to four children under one year old; up to six preschool children if no more than three are under one year; up to 10 children if no more than five are preschool age and no more than two are under one year. School-age siblings of children already enrolled may be counted within the 10.

Operators must register annually with DCF (or obtain a license in counties that have adopted licensing, which Orange County has not adopted as of recent records, so Orlando operators register). Registration requires a 30-clock-hour DCF Introductory Child Care Training course, an annual 10-hour in-service training, current first aid and CPR certification, Level 2 background screening for the operator and all household members 12 and older, proof of liability insurance or signed parental notice of no insurance, and a safe-environment self-attestation. 27 applies, see swimming pool fencing), poison and firearm storage out of children's reach, and emergency evacuation plans.

Florida HB 1451 (2021) preempted local governments from prohibiting home-based businesses or imposing more restrictive regulations than they apply to similar non-business uses. As a result, Orlando cannot ban a registered family day care from a residential zone or require a special use permit solely because it is a business. The city may still enforce neutral standards on parking, traffic, noise, signage (no signs identifying the business), and structural code. Drop-off and pick-up traffic must not create congestion or block neighbors driveways. HOA and condo association covenants may still restrict or prohibit family day care homes notwithstanding state and local law. Large family child care homes (up to 12 children with a full-time employee) require separate DCF licensing and additional zoning review.

Frequently Asked Questions

Can Orlando require a special use permit for a family day care home?
No. Florida HB 1451 prohibits cities from imposing zoning restrictions on home-based businesses that are stricter than for similar non-business residential uses, so a registered family day care is permitted by right.
How many infants under one year can I care for?
Up to four children under one year if those are the only children, or no more than three under one year when a mix of ages is present, with a total cap of 10 children.

Sources & Official References

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