Lee County, FL Home Business: Home Daycare (2026)
Key Facts
- Family day care home
- Exempt from special exception
- Exemption authority
- F.S. 125.0109, cited by code
- Day care center threshold
- Six or more unrelated children
- Center in residential district
- Special exception required
- Home occupation limit
- Two employees maximum
Summary
Lee County's zoning code treats a family day care home differently from a day care center. Family day care homes are exempt from the special-exception requirement under F.S. 125.0109; a center serving six or more unrelated children needs one.
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.
Full Breakdown
The Land Development Code defines a child day care center as a facility providing care, protection and supervision for six or more children unrelated to the operator. In the residential-district use table at section 34-694, the entry for a day care center is marked SE, meaning special exception, and carries note (5): family day care homes are exempt pursuant to F.S. 125.0109. Running the business out of your own home still has to satisfy the home occupation rules in section 34-1772: incidental and subordinate to residential use, no more than two employees or independent contractors, and one non-illuminated nameplate no larger than one square foot. State licensing sits outside this code.
Violations & Fines
Operating a day care center in a residential district without the required special exception violates the Land Development Code; section 1-5 sets a fine up to $500 per offense with each day a separate offense.
Frequently Asked Questions
Do I need county zoning approval for a home daycare in Lee County?
How many children turn a home daycare into a day care center?
Sources & Official References
Other rules in Lee County
Florida rules heatmap·Compare Lee County to another location·View the Florida home business overview
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