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Hialeah, FL Home Business: Home Daycare (2026)

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

Key Facts

Zoning use
Permitted residential use, all residential districts
Smallest capacity tier
4 children, birth to 12 months
Largest standard tier
10 children, age-mix limited
Large home tier
Up to 12 children, 2 staff required
State licensure
Required via DCF

Summary

Hialeah treats a licensed family day care home as a valid residential use in any residential zoning district under Sec. 98-2032. Capacity is capped by Sec. 98-2031 at groups as small as four infants or as many as ten children with age limits, and the use must comply with all residential zoning regulations.

Family day care home means an occupied residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee or grant for any of the children receiving care, whether or not operated for profit. ... The operation of a residence as a family day care home or a large family child care home licensed or registered with the state department of children and family services shall constitute a valid residential use on property having a residential land use classification and a residential zoning district designation.

Full Breakdown

Sec. 98-2031 of Hialeah's zoning code defines a family day care home as an occupied residence providing regular child care for children from at least two unrelated families in exchange for payment, fee or grant, whether or not run for profit. The section caps enrollment by age mix: a maximum of four children from birth to 12 months; or three infants under 12 months plus other children up to six total; or six preschool children if all are older than 12 months; or up to ten children where no more than five are preschool age and, of those five, no more than two are under 12 months.

A larger tier, the large family child care home, requires at least two full-time child care personnel on site, one of whom must be the owner or occupant, two years of prior operation as a licensed family day care home, and a caregiver with a child development associate credential or its equivalent for at least a year before that higher licensure; it may then serve up to eight children under 24 months, or up to 12 children with no more than four under 24 months.

Sec. 98-2032 makes operating either type, once licensed or registered with the state department of children and family services, a valid residential use on residentially zoned and classified property, so no separate conditional use permit is needed, but the home must still comply with all zoning regulations of its residential district and cannot change the residential character of the property. The same section requires play areas to be designed and located to reduce noise impact on surrounding properties, and Sec. 98-2033 layers on a separate fire-code compliance and inspection requirement.

Violations & Fines

A family day care home that exceeds its licensed capacity tier, operates without state licensure or registration, or otherwise fails to comply with residential zoning regulations under Sec. 98-2032 is subject to zoning enforcement under Sec. 98-6, a fine of up to $500.00 per offense with each day counted separately, in addition to any state licensing consequences.

Frequently Asked Questions

Do I need a special zoning permit to run a family day care home in Hialeah?
No separate conditional use permit is needed. Sec. 98-2032 makes a state-licensed or registered family day care home a valid residential use on any residentially zoned property, though it still has to comply with the district's other zoning regulations.
How many children can a Hialeah family day care home serve?
Sec. 98-2031 sets tiers by age mix: a maximum of four children if all are under 12 months, up to six if all are preschool age over 12 months, or up to ten children where no more than five are preschool age and two of those are under 12 months.
What's the difference between a family day care home and a large family child care home in Hialeah?
A large family child care home under Sec. 98-2031 must have two full-time caregivers on site, two prior years operating as a licensed family day care home, and a credentialed operator, in exchange for serving more children, up to 12 with no more than four under 24 months.
Does a Hialeah family day care home need to worry about noise?
Yes. Sec. 98-2032 requires play areas at a family day care home to be designed and located to reduce the impact of noise on surrounding properties, on top of the requirement that the use not change the residential character of the home.

Sources & Official References

Other rules in Hialeah

All Hialeah rules

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