Florida Senate - 2021                       CS for CS for SB 266
       By the Committees on Rules; and Community Affairs; and Senators
       Perry and Baxley
       595-04175-21                                           2021266c2
    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; defining the
    7         term “heavy equipment”; authorizing a home-based
    8         business to operate in an area zoned for residential
    9         use; specifying that home-based businesses are subject
   10         to certain business taxes; providing prohibitions and
   11         authorizations for local governmental actions relating
   12         to home-based businesses; providing construction;
   13         providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Section 559.955, Florida Statutes, is created to
   18  read:
   19         559.955Home-based businesses; legislative findings and
   20  intent; preemption.—
   21         (1)It is the intent of the Legislature to encourage small
   22  and home-based business enterprises. To that end, the
   23  Legislature finds that:
   24         (a)Small and home-based businesses are a critical part of
   25  the economy of this state and provide unique and valuable
   26  benefits to the communities in which they are located.
   27         (b)Residential property is often the most valuable asset
   28  owned by a potential small business entrepreneur.
   29         (c)Residential property can be put to beneficial use by
   30  potential small business entrepreneurs in ways that are
   31  consistent with residential use.
   32         (2)(a)For purposes of this section, a business is
   33  considered a home-based business if:
   34         1.The business is subordinate to the use of the dwelling
   35  unit for residential purposes and requires no external
   36  modifications that detract from the residential appearance of
   37  the dwelling unit and that are visible from the street or
   38  neighboring properties; and
   39         2.The business uses no equipment or process that creates
   40  noise, vibration, heat, smoke, dust, glare, fumes, or odors that
   41  are plainly detectable from the street or neighboring
   42  properties.
   43         (b)A home-based business must meet all of the following
   44  requirements:
   45         1.The employees of the business who work at the
   46  residential dwelling must also reside in the residential
   47  dwelling, except that up to a total of two employees or
   48  independent contractors who do not reside at the residential
   49  dwelling may work at the business.
   50         2.Traffic and the need for parking generated by the
   51  business may not be greater in volume than would normally be
   52  expected at a similar residence where no business is conducted.
   53  Local governments may regulate the use of vehicles or trailers
   54  operated or parked at the business or on a street right-of-way,
   55  provided that such regulations are not more stringent than those
   56  for a residence where no business is conducted. Vehicles and
   57  trailers used in connection with the business must be parked in
   58  legal parking spaces that are not located within the right-of
   59  way, on or over a sidewalk, or on any unimproved surfaces at the
   60  residence. Local governments may regulate the parking or storage
   61  of heavy equipment at the business which is visible from the
   62  street or neighboring property. For purposes of this
   63  subparagraph, the term heavy equipment means commercial,
   64  industrial, or agricultural vehicles, equipment, or machinery.
   65  The term includes, but is not limited to, semi-trailers,
   66  tractors, construction equipment, earth-moving equipment, cement
   67  mixers, and any other similar equipment or machinery classified
   68  as commercial by the manufacturer.
   69         3.Business activities related to hours of operation and
   70  business activities conducted outside of the primary residential
   71  structure, including exterior signage displays or exterior
   72  storage, must comply with all local regulations. However, a
   73  local government may not impose any restriction on hours of
   74  operation between 9 a.m. and 6 p.m.
   75         4.The activities of the business must be secondary to the
   76  property’s use as a residential dwelling.
   77         5.All business activities must comply with any relevant
   78  local, state, and federal regulations with respect to the use,
   79  storage, or disposal of any corrosive, combustible, or other
   80  hazardous or flammable materials or liquids. Any local
   81  regulations on a business with respect to the use, storage, or
   82  disposal of any corrosive, combustible, or other hazardous or
   83  flammable materials or liquids may not be more stringent than
   84  those that apply to a residence where no business is conducted.
   85         6.Any business transactions conducted at the business must
   86  not take place in view of the street.
   87         (3)A home-based business:
   88         (a)May operate in an area zoned for residential use; and
   89         (b)Is subject to applicable business taxes under chapter
   90  205 in the county and municipality in which the home-based
   91  business is located.
   92         (4)Local governments may not enact or enforce any
   93  ordinance, regulation, or policy or take any action to otherwise
   94  regulate a home-based business, other than as provided in this
   95  section.
   96         (5)(a)This section does not supersede any current or
   97  future declaration of condominium adopted pursuant to chapter
   98  718, cooperative document adopted pursuant to chapter 719, or
   99  declaration of covenants adopted pursuant to chapter 720.
  100         (b)This section does not prohibit local governments from
  101  enacting or enforcing noise ordinances.
  102         Section 2. This act shall take effect July 1, 2021.