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Palm Beach County, FL Home Business: Home Daycare (2026)

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

Key Facts

State License
DCF required FL §402.313
Max Children
10 including operator under-13
Zoning
Accessory use residential ULDC 4.B
Background
Level 2 screening required
Signage
Prohibited

Summary

Family day care homes in unincorporated Palm Beach County must be licensed by the Florida Department of Children and Families under FL §402.313 and registered with the County. Maximum 10 children allowed including operator children under 13. Zoning allows in residential districts as accessory use under PBC ULDC Article 4.B.

City-specific rules exist: Boca Raton, Jupiter, and West Palm Beach have their own home daycare rules that differ from Palm Beach County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

402.313  Family day care homes. — (1)  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. (a)  If not subject to license, family day care homes shall register annually with the department, providing the following information: 1.  The name and address of the home. 2.  The name of the operator. 3.  The number of children served. 4.  Proof of a written plan to provide at least one other competent adult to be available to substitute for the operator in an emergency. This plan shall include the name, address, and telephone number of the designated substitute. 5.  Proof of screening and background checks. 6.  Proof of successful completion of the 30-hour training course, as evidenced by passage of a competency examination, which shall include: a.  State and local rules and regulations that govern child care. b.  Health, safety, and nutrition. c.  Identifying and reporting child abuse and neglect. d.  Child development, including typical and atypical language development; and cognitive, motor, social, and self-help skills development. (4)  Operators of family day care homes must successfully complete an approved 30-clock-hour introductory course in child care, as evidenced by passage of a competency examination, before caring for children.

Source: FL §402.313 Family Day CareView official code

Full Breakdown

PBC Unified Land Development Code (ULDC) Article 4.B.7.C permits family day care homes as accessory uses in single-family residential zoning districts. State licensing through DCF is mandatory for caring for more than one unrelated child. Operators must complete 30-hour DCF training, pass Level 2 background screening, maintain CPR/first aid certification, and submit to annual inspections. Large family child care homes (up to 12 children) require additional state licensure and may need a special exception in PBC. No exterior signage permitted, no structural changes that alter residential character.

Violations & Fines

Operating without DCF license: third-degree felony under FL §402.319. Zoning violation: $250 first offense, $500 repeat per PBC Code Enforcement. Exceeding child capacity triggers immediate license revocation and code enforcement action.

Sources & Official References

Other rules in Palm Beach County

All Palm Beach County rules

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