Nassau County, FL Home Business: Home Daycare (2026)
Key Facts
- Zoning status
- By-right permitted use, all residential districts
- Conditional use needed
- No, for licensed family day care homes
- Definition basis
- F.S. § 402.302, care for 2+ unrelated families
- Smallest capacity tier
- 4 children under 12 months of age
- Largest capacity tier
- 10 children (max 5 preschool, max 2 under 12 mo.)
- First violation fine
- Up to $1,000/day (§ 1-61)
Summary
In unincorporated Nassau County, a licensed family day care home is a permitted use in every residential district, with no conditional use hearing required. Land Development Code § 28.14(B)(6) carves that exemption out of the broader 'child care facilities' conditional-use rules that apply to larger centers.
(B)Child care facilities: Child care facilities as defined in state law and in this Code shall be permissible conditional uses in all residential districts subject to all the following conditions: ... (6)This subsection does not apply to family day care homes, as defined in state law and in this Code. Licensed family day care homes are a permissible use in all residential districts. ... Family day care home: Pursuant to F.S. § 402.302, an occupied residence in which child care is regularly provided for children from at least two (2) unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. Household children under thirteen (13) years of age, when on the premises of the family day care home or on a field trip with children enrolled in child care, shall be included in the overall capacity of the licensed home.
Full Breakdown
07. But subsection (B)(6) exempts family day care homes from that whole conditional-use track: 'Licensed family day care homes are a permissible use in all residential districts,' full stop, no conditional use application needed. The Land Development Code's own definitions article explains what qualifies. 302, a family day care home is an occupied residence where child care is regularly provided for children from at least two unrelated families in exchange for payment, fee or grant, whether or not run for profit, and household children under 13 on the premises (or on a field trip with enrolled children) count toward the home's licensed capacity.
That capacity is tiered by age mix, running from four infants under a year old up to ten children total when no more than five are preschool age and no more than two of those five are under a year old. Because the county treats a licensed family day care home as a by-right residential use rather than a conditional one, an operator does not need a Planning and Zoning Board hearing, only the state license required by chapter 402, Florida Statutes, and compliance with the home's zoning district's lot and setback standards that apply to any residential structure.
Violations & Fines
Operating an unlicensed child care business, or one that has grown beyond a licensed family day care home's capacity without securing the conditional use required of larger child care facilities under § 28.14(B), is a Land Development Code violation enforced through the special magistrate under § 1-54. A first violation can draw a fine up to $1,000 per day and a repeat violation up to $5,000 per day under § 1-61, with orders appealable to circuit court within 30 days under § 1-65.
Frequently Asked Questions
Do I need a conditional use permit to run a family day care home in unincorporated Nassau County?
How many children can a licensed family day care home in Nassau County care for?
Does a larger child care center get the same by-right treatment as a family day care home?
Sources & Official References
Other rules in Nassau County
Florida rules heatmap·Compare Nassau County to another location·View the Florida home business overview
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