Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 266
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/14/2021           .                                

       The Committee on Rules (Perry) recommended the following:
    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  are plainly detectable from the street or neighboring
   13  properties.
   14         (b)A home-based business must meet all of the following
   15  requirements:
   16         1.The employees of the 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 the need for parking generated by the
   22  business may not be greater in volume than would normally be
   23  expected at a similar residence where no business is conducted.
   24  Local governments may regulate the use of vehicles or trailers
   25  operated or parked at the business or on a street right-of-way,
   26  provided that such regulations are not more stringent than those
   27  for a residence where no business is conducted. Vehicles and
   28  trailers used in connection with the business must be parked in
   29  legal parking spaces that are not located within the right-of
   30  way, on or over a sidewalk, or on any unimproved surfaces at the
   31  residence. Local governments may regulate the parking or storage
   32  of heavy equipment at the business which is visible from the
   33  street or neighboring property. For purposes of this
   34  subparagraph, the term heavy equipment means commercial,
   35  industrial, or agricultural vehicles, equipment, or machinery.
   36  The term includes, but is not limited to, semi-trailers,
   37  tractors, construction equipment, earth-moving equipment, cement
   38  mixers, and any other similar equipment or machinery classified
   39  as commercial by the manufacturer.
   40         3.Business activities related to hours of operation and
   41  business activities conducted outside of the primary residential
   42  structure, including exterior signage displays or exterior
   43  storage, must comply with all local regulations. However, a
   44  local government may not impose any restriction on hours of
   45  operation between 9 a.m. and 6 p.m.
   46         4.The activities of the business must be secondary to the
   47  property’s use as a residential dwelling.
   48         5.All business activities must comply with any relevant
   49  local, state, and federal regulations with respect to the use,
   50  storage, or disposal of any corrosive, combustible, or other
   51  hazardous or flammable materials or liquids. Any local
   52  regulations on a business with respect to the use, storage, or
   53  disposal of any corrosive, combustible, or other hazardous or
   54  flammable materials or liquids may not be more stringent than
   55  those that apply to a residence where no business is conducted.
   56         6.Any business transactions conducted at the business must
   57  not take place in view of the street.
   58         (3)A home-based business:
   59         (a)May operate in an area zoned for residential use; and
   60         (b)Is subject to applicable business taxes under chapter
   61  205 in the county and municipality in which the home-based
   62  business is located.
   63         (4)Local governments may not enact or enforce any
   64  ordinance, regulation, or policy or take any action to otherwise
   65  regulate a home-based business, other than as provided in this
   66  section.
   67         (5)(a)This section does not supersede any current or
   68  future declaration of condominium adopted pursuant to chapter
   69  718, cooperative document adopted pursuant to chapter 719, or
   70  declaration of covenants adopted pursuant to chapter 720.
   71         (b)This section does not prohibit local governments from
   72  enacting or enforcing noise ordinances.
   74  ================= T I T L E  A M E N D M E N T ================
   75  And the title is amended as follows:
   76         Delete lines 6 - 11
   77  and insert:
   78         requirements for home-based businesses; defining the
   79         term “heavy equipment”; authorizing a home-based
   80         business to operate in an area zoned for residential
   81         use; specifying that home-based businesses are subject
   82         to certain business taxes; providing prohibitions and
   83         authorizations for local governmental actions relating
   84         to home-based businesses;