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

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

Key Facts

Preschool child cap
5 children maximum
School-age add-on
5 related children after school
Threshold trigger
6th unrelated child = center
Center license required
Fla. Dept. of HRS, F.S. § 402.305
Zoning path for centers
Special development requirements, Ch. 18 § 4

Summary

Port Orange's Land Development Code caps a family child care home at five preschool children plus up to five additional related school-age children after school hours, before the operation crosses into a licensed 'child care center.' The distinction decides whether the home stays a by-right residential use or must obtain state day care licensing and a zoning approval.

Child care center. An arrangement or establishment which provides child care for more than five children unrelated to the operator, for compensation, and for a period less than 24 hours. Such a facility must be licensed by the Florida Department of Health and Rehabilitative Services and comply with their requirements, pursuant to F.S. § 402.305. ... Family child care home. An occupied residence in which child care is provided for a period of less than 24 hours a day on a regular basis, for no more than five preschool children including those related to the resident care giver. An additional five elementary school age children may also be cared for after school hours if they are related to the permitted school age children. Any elementary school children not related to the permitted preschool children shall be counted as one of the five permitted preschool children.

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 43 | Land Development Code: Supplement 38).

Full Breakdown

Port Orange's Land Development Code, Chapter 2, Section 2, defines a 'family child care home' as an occupied residence where child care is provided for less than 24 hours a day on a regular basis for no more than five preschool children, including any related to the resident caregiver. The home can also care for up to five additional elementary-school-age children after school hours, but only if those children are related to the already-permitted school-age children; any unrelated elementary student counts against the five-preschool-child cap instead.

Cross that numeric line and the operation becomes a 'child care center,' defined separately in the same section as an arrangement serving more than five children unrelated to the operator for compensation. 305 and, per Chapter 18, Section 4, subsection 4, needs city approval as a 'permitted use with special development requirements' in districts such as R-3L, the low density multifamily zone, rather than operating as an accessory home use. The administrative official, appointed by the city manager under Chapter 3, enforces this distinction: a home that stays within the five-plus-five formula is treated as an ordinary residential use requiring no separate zoning approval, while exceeding it without obtaining center licensing and site plan approval is a code violation.

Parents and providers researching a Port Orange address should count both the preschool and related school-age children living or cared for on site before assuming the operation qualifies as a home-based use rather than a licensed center.

Violations & Fines

Operating beyond the five-preschool, five-related-school-age formula without securing state child care center licensure under F.S. § 402.305 and city approval as a permitted use with special development requirements is a code violation. Complaints are field-verified by the administrative official, who counts enrolled and related children against the Chapter 2 definitions before requiring the home to obtain center licensing or cease operation.

Frequently Asked Questions

How many children can a Port Orange home daycare care for?
Up to five preschool children, including any related to the caregiver, plus up to five additional elementary-school-age children after school hours if they are related to the already-permitted school-age children. An elementary student who is not related to the permitted preschool children counts as one of the five preschool slots instead, per Chapter 2, Section 2 of the Land Development Code.
What happens if a home daycare exceeds the five-child limit?
It is reclassified as a 'child care center,' which must be licensed by the Florida Department of Health and Rehabilitative Services under F.S. § 402.305 and approved by the city as a permitted use with special development requirements under Chapter 18, Section 4, rather than operated as an accessory residential use.
Does a Port Orange family child care home need a separate zoning permit?
No. As long as it stays within the five-preschool/five-related-school-age formula, the Land Development Code treats it as part of the residential use of the dwelling, with no separate site plan or special development review required.

Sources & Official References

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