Florida Senate - 2021 SENATOR AMENDMENT Bill No. CS for HB 403 Ì355386IÎ355386 LEGISLATIVE ACTION Senate . House . . . Floor: 2/AD/2R . Floor: CA 04/28/2021 10:37 AM . 04/30/2021 11:41 AM ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Perry moved the following: 1 Senate Substitute for Amendment (809848) (with title 2 amendment) 3 4 Delete everything after the enacting clause 5 and insert: 6 Section 1. Section 559.955, Florida Statutes, is created to 7 read: 8 559.955 Home-based businesses; legislative findings and 9 intent; preemption.— 10 (1) It is the intent of the Legislature to encourage small 11 and home-based business enterprises. To that end, the 12 Legislature finds that: 13 (a) Small and home-based businesses are a critical part of 14 the economy of this state and provide unique and valuable 15 benefits to the communities in which they are located. 16 (b) Residential property is often the most valuable asset 17 owned by a potential small business entrepreneur. 18 (c) Residential property can be put to beneficial use by 19 potential small business entrepreneurs in ways that are 20 consistent with residential use. 21 (2)(a) For purposes of this section, a business is 22 considered a home-based business if: 23 1. The business is subordinate to the use of the dwelling 24 unit for residential purposes. External modifications made to a 25 residential dwelling to accommodate a home-based business must 26 conform to the residential character and architectural 27 aesthetics of the neighborhood; and 28 2. The business activities comply with any local or state 29 regulations with respect to signage and equipment or processes 30 that create noise, vibration, heat, smoke, dust, glare, fumes, 31 or noxious odors. 32 (b) A home-based business must meet all of the following 33 requirements: 34 1. The employees of the business who work at the 35 residential dwelling must also reside in the residential 36 dwelling, except that up to a total of two employees or 37 independent contractors who do not reside at the residential 38 dwelling may work at the business. 39 2. Traffic and the need for parking generated by the 40 business may not be greater in volume than would normally be 41 expected at a similar residence where no business is conducted. 42 Local governments may regulate the use of vehicles or trailers 43 operated or parked at the business or on a street right-of-way, 44 provided that such regulations are not more stringent than those 45 for a residence where no business is conducted. Vehicles and 46 trailers used in connection with the business must be parked in 47 legal parking spaces that are not located within the right-of 48 way, on or over a sidewalk, or on any unimproved surfaces at the 49 residence. Local governments may regulate the parking or storage 50 of heavy equipment at the business which is visible from the 51 street or neighboring property. For purposes of this 52 subparagraph, the term “heavy equipment” means commercial, 53 industrial, or agricultural vehicles, equipment, or machinery. 54 The term includes, but is not limited to, semi-trailers, 55 tractors, construction equipment, earth-moving equipment, cement 56 mixers, and any other similar equipment or machinery classified 57 as commercial by the manufacturer. 58 3. Business activities related to hours of operation and 59 business activities conducted outside of the primary residential 60 structure, including exterior signage displays or exterior 61 storage, must comply with all local regulations. However, a 62 local government may not impose any restriction on hours of 63 operation between 9 a.m. and 6 p.m. 64 4. The activities of the business must be secondary to the 65 property’s use as a residential dwelling. 66 5. All business activities must comply with any local, 67 state, and federal regulations with respect to the use, storage, 68 or disposal of any corrosive, combustible, or other hazardous or 69 flammable materials or liquids. Any local regulations on a 70 business with respect to the use, storage, or disposal of any 71 corrosive, combustible, or other hazardous or flammable 72 materials or liquids may not be more stringent than those that 73 apply to a residence where no business is conducted. 74 6. Any business transactions conducted at the business must 75 not take place in view of the street. 76 (3) A home-based business: 77 (a) May operate in an area zoned for residential use; and 78 (b) Is subject to applicable business taxes under chapter 79 205 in the county and municipality in which the home-based 80 business is located. 81 (4) Local governments may not enact or enforce any 82 ordinance, regulation, or policy or take any action to otherwise 83 regulate a home-based business, other than as provided in this 84 section. 85 (5) Any adversely affected current or prospective home 86 based business owner may challenge any local government action 87 in violation of this section. The prevailing party in a 88 challenge may recover reasonable attorney fees and costs 89 incurred in challenging or defending the action, including 90 reasonable appellate attorney fees and costs. 91 (6)(a) This section does not supersede any current or 92 future declaration of condominium adopted pursuant to chapter 93 718, cooperative document adopted pursuant to chapter 719, or 94 declaration of covenants adopted pursuant to chapter 720. 95 (b) This section does not prohibit local governments from 96 enacting or enforcing noise ordinances. 97 Section 2. This act shall take effect July 1, 2021. 98 99 ================= T I T L E A M E N D M E N T ================ 100 And the title is amended as follows: 101 Delete everything before the enacting clause 102 and insert: 103 A bill to be entitled 104 An act relating to home-based businesses; creating s. 105 559.955, F.S.; providing legislative findings and 106 intent; specifying conditions under which a business 107 is considered a home-based business; providing 108 requirements for home-based businesses; defining the 109 term “heavy equipment”; authorizing a home-based 110 business to operate in an area zoned for residential 111 use; specifying that home-based businesses are subject 112 to certain business taxes; providing prohibitions and 113 authorizations for local governmental actions relating 114 to home-based businesses; authorizing adversely 115 affected current or prospective home-based business 116 owners to challenge certain local government actions; 117 authorizing the prevailing party in such challenge to 118 recover specified attorney fees and costs; providing 119 construction; providing an effective date.