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

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Governing statute
Fla. Stat. § 402.313, family child care homes
Licensed or registered
Licensed if county ordinance or resolution requires it; otherwise registered annually
Entry training
30-clock-hour course plus competency exam before caring for children
Annual training
1 continuing education unit or 10 clock hours
One-time literacy training
0.5 continuing education unit, counts as 5 clock hours that year
Household screening
Every family member or resident over age 12
Utility rates
Licensed homes pay residential rates, never commercial

Summary

A family child care home in West Palm Beach operates under Fla. Stat. § 402.313. It must be licensed if the county commissioners have passed a licensing ordinance or resolution, and otherwise it registers annually with the state department. Operators pass a 30-hour course and competency exam before caring for children, then complete 1 continuing education unit or 10 clock hours of training every year.

(1) Family child 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 child care homes be licensed. ... (4) Operators of family child 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. (5) In order to further develop their child care skills and, if appropriate, their administrative skills, operators of family child care homes shall be required to complete an additional 1 continuing education unit of approved training or 10 clock hours of equivalent training, as determined by the department, annually. ... (12) Notwithstanding any other state or local law or ordinance, any family child care home licensed pursuant to this chapter or pursuant to a county ordinance shall be charged the utility rates accorded to a residential home. A licensed family child care home may not be charged commercial utility rates.

Source: FL Statute 402.313 - Family Day Care HomesView official code

Full Breakdown

Section 402.313 sorts every family child care home into one of two tracks. Under subsection (1), a home is licensed under the chapter if it is presently licensed under an existing county licensing ordinance or if the board of county commissioners passes a resolution that family child care homes be licensed. A home not subject to license registers annually with the department and supplies the home's name and address, the operator's name, the number of children served, and proof of screening and background checks. Registration also requires a written plan naming at least one other competent adult, with name, address and telephone number, who can substitute for the operator in an emergency. A home can also volunteer to be licensed where no county requires it.

Training is the heaviest requirement. Subsection (4) bars an operator from caring for children until an approved 30-clock-hour introductory course is completed and a competency examination is passed. The course covers state and local child care rules, health, safety and nutrition, identifying and reporting child abuse and neglect, child development including language, cognitive, motor, social and self-help skills, observation of developmental behaviors with a checklist, and early literacy and language development for children from birth to 5 years of age. Registration also requires proof that immunization records are kept current and proof of the required continuing education.

After opening, subsection (5) requires an additional 1 continuing education unit of approved training or 10 clock hours of equivalent training every year. Subsection (6) adds a one-time 0.5 continuing education unit in early literacy and language development for children from birth to 5 years of age; the year it is completed it counts toward the 0.5 unit or 5 clock hours of the annual training. Under subsection (7), the operator completes the department's health and safety home inspection self-evaluation checklist each year, signs it, and gives it to parents as certification that basic standards are met.

Subsection (3) extends screening under ss. 402.305(2) and 402.3055 to any member of the operator's family over the age of 12 and to anyone over 12 living in the home. Those between 12 and 18 are not fingerprinted but are screened for delinquency records. Subsection (12) guarantees a licensed home the utility rates accorded to a residential home, and subsection (2) places the registration information in a directory the department publishes annually.

Violations & Fines

Section 402.313 prints no fine schedule of its own. What it fixes are the conditions of legal operation: skipping the 30-hour course and exam, letting the annual 1 continuing education unit or 10 clock hours lapse, leaving out the substitute plan, or omitting proof of screening and background checks puts a home out of compliance. Under subsection (10) the department tracks complaints received, their nature and their resolution, and subsection (13) directs it to write minimum standards that include enforcement of standards.

Frequently Asked Questions

Does a West Palm Beach home daycare need a license or only a registration?
Subsection (1) draws the line. A home is licensed if it is already licensed under a county licensing ordinance or if the board of county commissioners passes a resolution requiring licensure. A home that is not subject to license registers annually with the department. Either way, a home can volunteer to be licensed under paragraph (1)(b).
What training must an operator finish before taking children?
Subsection (4) requires an approved 30-clock-hour introductory course in child care, shown by passing a competency examination, before the operator cares for any children. The course covers child care rules, health, safety and nutrition, abuse and neglect reporting, child development, observation of developmental behaviors, and early literacy for children from birth to 5 years of age.
How much training does an operator complete each year?
Subsection (5) requires an additional 1 continuing education unit of approved training or 10 clock hours of equivalent training annually. Subsection (6) adds a one-time 0.5 continuing education unit in early literacy and language development. In the year that unit is completed, it fulfills the 0.5 unit or 5 clock hours of the annual requirement.
Who in the household has to be background screened?
Child care personnel are screened under ss. 402.305(2) and 402.3055, and subsection (3) counts any family member over the age of 12 and any person over 12 living with the operator. Members and residents between 12 and 18 are not fingerprinted, but they are screened for delinquency records.
Can the utility company charge a home daycare commercial rates?
No. Subsection (12) says that, notwithstanding any other state or local law or ordinance, a family child care home licensed under the chapter or under a county ordinance is charged the utility rates accorded to a residential home. A licensed family child care home may not be charged commercial utility rates.

Sources & Official References

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