Florida Senate - 2021 CS for SB 266 By the Committee on Community Affairs; and Senators Perry and Baxley 578-02661-21 2021266c1 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; providing 6 requirements for home-based businesses; authorizing a 7 home-based business to operate in a residential zone 8 under certain circumstances; specifying that home 9 based businesses are subject to certain business 10 taxes; prohibiting a local government from taking 11 certain actions relating to home-based businesses; 12 providing construction; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Section 559.955, Florida Statutes, is created to 17 read: 18 559.955 Home-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)(a) For purposes of this section, a business is 32 considered a home-based business if: 33 1. The business is consistent with the residential 34 character of the dwelling unit; 35 2. The business is subordinate to the use of the dwelling 36 unit for residential purposes and requires no external 37 modifications that detract from the residential appearance of 38 the dwelling unit; and 39 3. The business uses no equipment or process that creates 40 noise, vibration, heat, smoke, dust, glare, fumes, odors, or 41 electrical or electronic interference detectable by neighbors. 42 (b) A home-based business must meet all of the following 43 requirements: 44 1. The employees of the home-based business who work at the 45 residential dwelling must also reside in the residential 46 dwelling, except that up to a total of two employees or 47 independent contractors who do not reside at the residential 48 dwelling may work at the business. 49 2. Parking related to the business activities of the home 50 based business must comply with all local or state parking 51 regulations. 52 3. Business activities related to hours of operation and 53 business activities conducted outside of the primary residential 54 structure, including exterior signage displays or exterior 55 storage, must comply with all local regulations. 56 4. The activities of the home-based business must be 57 secondary to the property’s use as a residential dwelling. 58 5. All home-based business activities must comply with any 59 relevant local, state, and federal regulations with respect to 60 the use, storage, or disposal of any corrosive, combustible, or 61 other hazardous or flammable materials or liquids. 62 (3) A home-based business that operates from a residential 63 property as provided in subsection (2): 64 (a) May operate in an area zoned for residential use; 65 (b) May not be prohibited, restricted, regulated, or 66 licensed in a manner that is different from other businesses in 67 a local government’s jurisdiction; and 68 (c) Is only subject to applicable business taxes under 69 chapter 205 in the county and municipality in which the home 70 based business is located. 71 (4) Local governments may not enact or enforce any 72 ordinance, regulation, or policy, or take any action to 73 otherwise regulate a home-based business, other than as provided 74 in this section. 75 (5) This section does not supersede any current or future 76 declaration of condominium adopted pursuant to chapter 718, 77 cooperative document adopted pursuant to chapter 719, or 78 declaration of covenants adopted pursuant to chapter 720. 79 Section 2. This act shall take effect July 1, 2021.