Martin County, FL Home Business: Home Daycare (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.
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.
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?
Can I run a family day care out of a townhouse in Martin County?
Do I still need a state license to run a home day care?
Sources & Official References
Other rules in Martin County
Florida rules heatmap·Compare Martin County to another location·View the Florida home business overview
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