Skip to main content
CityRuleLookup

Martin County, FL Home Business: Home Daycare (2026)

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

Key Facts

Max children
8 at one time, including caregiver's own
Allowed housing type
single-family detached dwelling only
State licensing
required under Florida law
Excluded housing types
zero lot line, townhouse units
Above 8 children
reclassified as commercial day care

Summary

LDR Section 3.67 caps a family day care home at eight children at any one time, including the caregiver's own kids, and requires state licensing compliance. The use is limited to single-family detached dwellings only, so zero lot line and townhouse units cannot host a family day care.

These county ordinances apply to unincorporated areas of Martin County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

3.67.A.Family day care operations shall comply with all licensing and other requirements of the state of Florida.3.67.B.The maximum number of children under care at one time shall be eight, including those of related to the caregiver.3.67.C.Family day care shall only be conducted in a single-family detached dwelling, not in other single-family dwelling unit types such as zero lot line or townhouse.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 62 | Land Development Regulations: Supplement 62).

Full Breakdown

A ties the local zoning allowance to Florida's own child care licensing scheme, requiring family day care operations to comply with all state of Florida licensing and other requirements before they can run out of a Martin County home. B sets the hard occupancy cap: no more than eight children may be under care at one time, and any children related to the caregiver count toward that eight-child limit. C restricts where the use can locate: family day care is only permitted in a single-family detached dwelling, which excludes other single-family housing forms such as zero lot line homes and townhouses, since those attached configurations raise different fire-access and neighbor-impact concerns than a freestanding house.

66, it does not carry the arterial or collector street frontage requirement, minimum 15,000-square-foot lot, or dedicated pick-up and drop-off driveway that applies to commercial facilities; those heavier site standards only apply once a home care operation exceeds the eight-child cap and needs to be permitted as a commercial day care instead.

Violations & Fines

Operating a family day care above the eight-child cap, or out of an attached dwelling type such as a townhouse or zero lot line home, is a zoning violation enforced by Growth Management and can also trigger a state licensing complaint to the Florida Department of Children and Families, since Section 3.67.A ties the local allowance directly to maintaining valid state licensure. Code enforcement can require the operator to obtain commercial day care site plan approval or cease operating.

Frequently Asked Questions

How many kids can I watch in a home day care in Martin County?
LDR Section 3.67.B sets the ceiling at eight children under care at one time, and that number includes any children of the caregiver who are present. Go above eight and the operation is reclassified as a commercial day care, which triggers the separate site, lot size and driveway standards in Section 3.66.
Can I run a family day care out of a townhouse in Martin County?
No. Section 3.67.C limits family day care to single-family detached dwellings only. Zero lot line homes, townhouses and other attached single-family unit types cannot host the use, regardless of how many children are cared for.
Do I still need a state license to run a home day care?
Yes. Section 3.67.A makes state of Florida licensing a condition of the local zoning allowance, so operating without the required Department of Children and Families license is both a state licensing violation and a zoning violation under the county's code.

Sources & Official References

Other rules in Martin County

All Martin County rules

Florida rules heatmap·Compare Martin County to another location·View the Florida home business overview

Get notified when Home Daycare in Martin County, FL changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.