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Port St. Lucie, FL Home Business: Home Daycare (2026)

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

Key Facts

Zoning status
Permitted use, not a special exception
State requirement
Florida license or registration required
Infant cap
Max 4 infants under 12 months, no others
Mixed-age cap
Max 10 if ≤5 preschool, ≤2 infants
Penalty
Each violation day is a separate offense

Summary

Port St. Lucie zoning treats a family day care home as a permitted residential use, not a special exception, in districts such as Estate Residential (RE). Sec. 153.01 caps the number of children by age group and requires state licensing or registration before a home can operate as a family day care home.

FAMILY DAY CARE HOME. An occupied residence in which child care is regularly provided for children from at least two unrelated families and which received a payment fee or grant for any of the children receiving care, whether or not operated for profit. Household children under 13 years of age, when on the premises of the family day care home or on a field trip with children enrolled in child care, shall be included in the overall capacity of the licensed home. A family day care home shall be licensed or registered as required by the State of Florida. A family day care home shall be allowed to provide care for one of the following groups of children which shall include household children under 13 years of age:1.A maximum of four children from birth to 12 months of age.2.A maximum of three children from birth to 12 months of age, and other children, for a maximum total of six children.3.A maximum of six preschool children if all are older than 12 months of age.4.A maximum of 10 children if no more than 5 are preschool age and, of those 5, no more than 2 are under 12 months of age.

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 103).

Full Breakdown

Sec. 01 defines a family day care home as an occupied residence where child care is regularly provided for children from at least two unrelated families in exchange for a fee, payment, or grant, whether or not the operator runs it for profit; household children under 13 are counted toward the home's overall capacity whenever they are on the premises or on a field trip with the enrolled children. Before the city treats the use as lawful, the operator must be licensed or registered as required by the State of Florida.

The definition then sets four capacity tiers a home must pick from: up to four children from birth to 12 months; up to three infants under 12 months combined with other children for a maximum of six total; up to six preschoolers if all are older than 12 months; or up to 10 children if no more than five are preschool age and no more than two of those five are under 12 months. Zoning treats the use as a matter-of-right permitted principal use rather than a conditional or special exception use: Sec.

071(B)(4), governing the Estate Residential (RE) district, lists Family day care home directly alongside single-family dwellings and parks as a permitted principal use and structure, with no additional spacing or buffer requirement like the 1,000-foot separation Sec. 071(B)(3) imposes on community residential homes in the same district. The same permitted-use placement recurs across the city's other single-family residential zoning districts.

Violations & Fines

Operating without the state license or registration required by Sec. 153.01, or exceeding the age-group capacity tier the operator selected, such as running more than four infants under 12 months or more than 10 children total, takes the operation outside the definition the zoning code protects as a permitted use. Zoning code violations are punished under Sec. 158.999(A), which incorporates the general penalty in Sec. 10.99 and treats each day of a continuing violation as a separate offense; owners, tenants, and any contractor or agent who participates in the violation can each be charged separately under Sec. 158.999(B).

Frequently Asked Questions

Can I run a home daycare in a Port St. Lucie residential zoning district?
Yes. Sec. 158.071(B)(4) lists Family day care home as a permitted principal use in the Estate Residential (RE) district, the same category as a single-family dwelling, so it does not need a special exception hearing before the City Council. You still need the state license or registration Sec. 153.01 requires before operating.
How many children can a Port St. Lucie family day care home watch at once?
Sec. 153.01 sets four capacity tiers: up to four children from birth to 12 months; up to three infants under 12 months plus other children for six total; up to six preschoolers all older than 12 months; or up to 10 children if no more than five are preschool age and no more than two of those five are under 12 months.
Does a Port St. Lucie family day care home need a state license?
Yes. Sec. 153.01 states a family day care home shall be licensed or registered as required by the State of Florida before it qualifies for that definition, and household children under 13 count toward the home's capacity whenever they are on the premises or on a field trip with enrolled children.

Sources & Official References

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