Orlando, FL Home Business: Home Daycare (2026)

Florida Statute 402.313 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. The home must have working smoke detectors, a fire extinguisher, safe outdoor play space, fenced pool barriers if a pool is on site (FL Stat 515.27 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.