Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. CS for SB 266 Ì248258HÎ248258 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/14/2021 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Rules (Perry) recommended the following: 1 Senate Amendment (with title amendment) 2 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. 73 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;