Florida Senate - 2021                                     SB 266
       By Senator Perry
       8-00638-21                                             2021266__
    1                        A bill to be entitled                      
    2         An act relating to home-based businesses; creating s.
    3         559.955, F.S.; providing legislative findings and
    4         intent; specifying conditions under which a business
    5         is considered a home-based business; authorizing a
    6         home-based business to operate in a residential zone
    7         under certain circumstances; preempting to the state
    8         the ability to regulate or license home-based
    9         businesses; prohibiting a local government from
   10         certain actions relating to the licensure and
   11         regulation of home-based businesses; providing an
   12         effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Section 559.955, Florida Statutes, is created to
   17  read:
   18         559.955Home-based businesses; legislative findings and
   19  intent; preemption.—
   20         (1)It is the intent of the Legislature to encourage small
   21  and home-based business enterprises. To that end, the
   22  Legislature finds that:
   23         (a)Small and home-based businesses are a critical part of
   24  the economy of this state and provide unique and valuable
   25  benefits to the communities in which they are located.
   26         (b)Residential property is often the most valuable asset
   27  owned by a potential small business entrepreneur.
   28         (c)Residential property can be put to beneficial use by
   29  potential small business entrepreneurs in ways that are
   30  consistent with residential use.
   31         (2)For purposes of this section, a business is considered
   32  a home-based business if it operates, in whole or in part, from
   33  a residential property and meets the following criteria:
   34         (a)The employees of the home-based business reside in the
   35  residential dwelling or are immediate family members of
   36  residents of the dwelling, except that up to two employees are
   37  not required to be related to a resident of or reside in the
   38  dwelling.
   39         (b)Parking related to the business activities of the home
   40  based business complies with local zoning requirements.
   41         (c)The business activities of the home-based business do
   42  not generate a substantial increase in any of the following:
   43         1.Traffic.
   44         2.Noise.
   45         3.Waste or recycling.
   46         (d)As viewed from the street, the use of the residential
   47  property is consistent with the uses of the residential areas
   48  that surround the property.
   49         (e)The activities of the home-based business are secondary
   50  to the property’s use as a residential dwelling.
   51         (3)(a)A home-based business that operates from a
   52  residential property as provided in subsection (2) may operate
   53  in an area zoned for residential use.
   54         (b)A residential dwelling that is used as a home-based
   55  business must meet the applicable standards of the Florida
   56  Building Code.
   57         (4)The licensure and regulation of home-based businesses
   58  is preempted to the state, and local governments may not enact
   59  or enforce any ordinance, regulation, or policy or take any
   60  action to license or otherwise regulate a home-based business.
   61         Section 2. This act shall take effect July 1, 2021.