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

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

Key Facts

Enrollment cap
5 children
Hours cap
18 hours per day
State standard
must comply with F.S. Chapter 402
County standard
PBC Health Department compliance
Permitted districts
AR, AE, RE, RR10, RR20, RL-1/2/3

Summary

Family day care homes are a permitted use in Palm Beach Gardens' single-family residential districts under Table 21 of § 78-159, tagged with Note 36. The note caps enrollment at five children, limits operation to 18 hours a day, and requires compliance with both Florida Statutes Chapter 402 and the Palm Beach County Health Department's licensing rules.

(36)Day care, family. Family day care shall comply with the standards listed below.a.Shall comply with all applicable requirements of F.S. Chapter 402.b.Shall comply with all applicable requirements of the Palm Beach County Health Department, including Chapter 59-1698, Special Acts, Laws of Florida, as amended by Chapter 77-620, Special Acts, Laws of Florida.c.Shall not exceed an enrollment of more than five children.d.Shall not operate more than 18 hours per day.

Full Breakdown

Table 21 lists 'Day Care, Family' as a permitted use in the AR, AE, RE, RR10, RR20, RL-1, RL-2, and RL-3 zoning districts, the city's single-family districts, while leaving the RM, RH, and RMH multifamily and mobile home districts blank, meaning family day care is not permitted there. The use carries Note 36, printed at § 78-159(j)(36), which sets four standards. First, the operation must comply with 'all applicable requirements of F.S. Chapter 402,' the state's child care statute. Second, it must meet 'all applicable requirements of the Palm Beach County Health Department,' including the special act chapters the code cites by number, layering county licensing on top of the state statute.

Third, enrollment is capped: the home 'shall not exceed an enrollment of more than five children,' a hard ceiling with no administrative waiver built into the note. Fourth, hours are capped as well: the home 'shall not operate more than 18 hours per day.' These four standards apply specifically to family day care operated from a residential home; the larger-scale 'Day Care, Child and Adult' use, covered separately at Note 35, carries its own, more extensive standards, including an 8,000-square-foot minimum lot, a fenced outdoor play area, and a perimeter fence, because it is licensed and sited more like a standalone commercial center than a home-based service.

A family day care that wants to enroll more than five children or operate more than 18 hours a day would need to qualify instead under the Note 35 standards and secure the additional site improvements those require.

Violations & Fines

A family day care home that enrolls more than five children or operates beyond 18 hours a day is out of compliance with § 78-159(j)(36) and subject to code enforcement action before the special magistrate, in addition to any licensing action the Palm Beach County Health Department or the state may pursue for the same enrollment or hours violation.

Frequently Asked Questions

How many children can a family day care home in Palm Beach Gardens enroll?
City Code § 78-159(j)(36)c caps enrollment at five children. A home wanting to serve more children would need to meet the larger Note 35 day care standards instead, including a minimum 8,000-square-foot lot and a fenced outdoor play area.
What hours can a home day care operate?
Section 78-159(j)(36)d limits a family day care home to no more than 18 hours of operation per day.
Is a home day care allowed in every residential zone?
No. Table 21 permits Day Care, Family only in the AR, AE, RE, RR10, RR20, RL-1, RL-2, and RL-3 single-family districts; it is not a permitted use in the RM, RH, or RMH multifamily and mobile home districts.
What outside licensing does a family day care need?
Beyond the city's zoning standards, § 78-159(j)(36) requires compliance with Florida Statutes Chapter 402 and with the Palm Beach County Health Department's licensing rules, including the special act chapters the code cites for county day care regulation.

Sources & Official References

Other rules in Palm Beach Gardens

All Palm Beach Gardens rules

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