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Jacksonville Beach, FL Home Business: Home Daycare (2026)

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

Key Facts

Definition
Occupied residence providing regular child care for payment, fee or grant
Group 1 limit
5 preschoolers plus 5 school-age siblings, 10 total
Group 2 limit (licensed, substitute care)
5 preschoolers, 3 siblings, 2 unrelated, 10 total
Group 3 limit (licensed, substitute care)
7 elementary school children, no preschoolers
Zoning
Permitted as of right in RS-1, RS-2, RS-3
Definition section
Land Development Code, Sec. 34-300

Summary

Jacksonville Beach defines a family day care home as an occupied residence providing regular child care for a payment, fee or grant, and caps it at ten children in total under the first two groups or seven elementary school children under the third. The single-family districts RS-1, RS-2 and RS-3 each list these homes among their permitted uses.

Family day care home means an occupied residence in which child care is regularly provided for children and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. A family day care home shall be allowed to provide care for one of the following groups of children: (1) A family day care home may care for a maximum of five (5) preschool children from more than one (1) unrelated family and a maximum of five (5) elementary school siblings of the preschool children in care after school hours. ... The total number of children in the home may not exceed ten (10) under this paragraph; or ... (3) When the home is licensed and provisions are made for substitute care, a family day care home may care for a maximum number of seven (7) elementary school children from more than one (1) unrelated family in care after school hours. Preschool children shall not be in care in the home.

View official code

Official source re-checked November 3, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 60).

Full Breakdown

Jacksonville Beach defines a family day care home in the definitions section of its Land Development Code (Sec. 34-300) as an occupied residence in which child care is regularly provided for children and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. The definition then fixes who can be in care, in three groups, and a home is allowed to provide care for only one of them.

Under the first group, a home can care for a maximum of five preschool children from more than one unrelated family and a maximum of five elementary school siblings of the preschool children in care after school hours. The five-preschooler count includes preschool children in the home and preschool children received for day care who are not related to the resident caregiver. The total number of children in the home cannot exceed ten.

The second group applies when the home is licensed and provisions are made for substitute care. It allows a maximum of five preschool children from more than one unrelated family, a maximum of three elementary school siblings of the preschool children after school hours, and a maximum of two elementary school children unrelated to the preschool children after school hours. The total again cannot exceed ten.

The third group also requires a licensed home with provisions for substitute care. It allows a maximum of seven elementary school children from more than one unrelated family in care after school hours. Preschool children cannot be in care in the home, and the total number of elementary school children cannot exceed seven.

On zoning, the RS-1, RS-2 and RS-3 district sections (Secs. 34-611, 34-612 and 34-613) each list family day care homes, per F.S. § 166.0445, among the uses permitted as of right. Section 34-718 is a different rule for a different use: it covers day nurseries, kindergartens and child care centers, and it requires proof of state licensure, a minimum lot area of 7,500 square feet (with an exception for lots of record platted before the LDC), and a fenced outdoor play area in the rear yard. It does not mention family day care homes.

Violations & Fines

The planning and development department enforces the Land Development Code. Under Sec. 34-1202 it gives an alleged violator a minimum of ten working days to correct before a final notice of violation issues and a hearing is set before the special magistrate. A home that exceeds the child counts printed in the definition is outside the family day care home category. Where no specific penalty is provided, Sec. 1-11 sets a fine not exceeding $500 or imprisonment not exceeding ninety days.

Frequently Asked Questions

How many children can a home daycare take in Jacksonville Beach?
Under the first group a home can care for five preschool children from more than one unrelated family plus five elementary school siblings after school hours, with a total that cannot exceed ten. Licensed homes with substitute care can instead use the second group, also capped at ten, or the third group of seven elementary school children.
Is a home daycare allowed in a single-family neighborhood?
Yes. The RS-1, RS-2 and RS-3 single-family districts each list family day care homes, per F.S. § 166.0445, among the uses permitted as of right in Secs. 34-611, 34-612 and 34-613. The count limits in the Sec. 34-300 definition still apply to the home.
Does a home daycare follow the child care center rules?
No. Section 34-718 applies to day nurseries, kindergartens and child care centers, and requires proof of state licensure, a 7,500 square foot minimum lot area, and a fenced rear-yard play area. It does not name family day care homes, which are defined separately in Sec. 34-300.
Can preschoolers be in the third group?
No. The third group is for a licensed home with provisions for substitute care and allows a maximum of seven elementary school children from more than one unrelated family in care after school hours. The definition states that preschool children shall not be in care in the home under that group.

Sources & Official References

Other rules in Jacksonville Beach

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Some Restrictions