Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 266
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: FC            .                                
                  03/23/2021           .                                

       The Committee on Commerce and Tourism (Perry) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 33 - 78
    4  and insert:
    5         1.The business is subordinate to the use of the dwelling
    6  unit for residential purposes and requires no external
    7  modifications that detract from the residential appearance of
    8  the dwelling unit and that are visible from the street or
    9  neighboring properties; and
   10         2.The business uses no equipment or process that creates
   11  noise, vibration, heat, smoke, dust, glare, fumes, or odors that
   12  can be observed from the street and without the aid of detection
   13  equipment.
   14         (b)A home-based business must meet all of the following
   15  requirements:
   16         1.The employees of the home-based business who work at the
   17  residential dwelling must also reside in the residential
   18  dwelling, except that up to a total of two employees or
   19  independent contractors who do not reside at the residential
   20  dwelling may work at the business.
   21         2.Traffic and parking generated by the business may not be
   22  any greater in volume than the volume that would normally be
   23  expected at a similar residence where no business is conducted.
   24  Local governments may regulate the use of vehicles operated or
   25  parked at the businesses or on a street right-of-way, provided
   26  that the regulations are no more stringent than regulations for
   27  a residence where no business is conducted.
   28         3.Business activities related to hours of operation and
   29  business activities conducted outside of the primary residential
   30  structure, including exterior signage displays or exterior
   31  storage, must comply with all local regulations. However, local
   32  governments may not restrict hours of operation between 8 a.m.
   33  and 8 p.m.
   34         4.The activities of the home-based business must be
   35  secondary to the property’s use as a residential dwelling.
   36         5.All home-based business activities must comply with any
   37  relevant local, state, and federal regulations with respect to
   38  the use, storage, or disposal of any corrosive, combustible, or
   39  other hazardous or flammable materials or liquids. Any local
   40  regulations on the business relating to the use, storage, or
   41  disposal of such materials or liquids may not be more stringent
   42  than regulations for a residence where no business is conducted.
   43         (3)A home-based business that operates from a residential
   44  property as provided in subsection (2):
   45         (a)May operate in an area zoned for residential use;
   46         (b)May not be prohibited, restricted, regulated, or
   47  licensed in a manner that is different from other businesses in
   48  a local government’s jurisdiction; and
   49         (c)Is only subject to applicable business taxes under
   50  chapter 205 in the county and municipality in which the home
   51  based business is located.
   52         (4)Local governments may not enact or enforce any
   53  ordinance, regulation, or policy, or take any action to
   54  otherwise regulate a home-based business, other than as provided
   55  in this section.
   56         (5)This section does not supersede any current or future
   57  declaration of condominium adopted pursuant to chapter 718,
   58  cooperative document adopted pursuant to chapter 719, or
   59  declaration of covenants adopted pursuant to chapter 720.
   60         (6)(a)This section does not prohibit local governments
   61  from enacting or enforcing noise ordinances, provided that such
   62  ordinances are not more stringent for home-based businesses than
   63  for residences where no business is conducted.
   64         (b)This section does not prohibit local governments from
   65  enacting or enforcing ordinances regulating the parking or
   66  storage of heavy equipment that can be viewed from the street.
   67  For purposes of this paragraph, the term “heavy equipment does
   68  not include passenger vehicles.
   70  ================= T I T L E  A M E N D M E N T ================
   71  And the title is amended as follows:
   72         Delete line 6
   73  and insert:
   74         requirements for home-based businesses; providing
   75         requirements and prohibitions relating to local
   76         government regulations affecting home-based
   77         businesses; authorizing a