Florida Senate - 2021 SENATOR AMENDMENT Bill No. CS for HB 403 Ì430772*Î430772 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 04/28/2021 10:37 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Polsky moved the following: 1 Senate Amendment to Amendment (809848) (with title 2 amendment) 3 4 Delete lines 7 - 88 5 and insert: 6 559.955 Home-based businesses; legislative findings and 7 intent; preemption.— 8 (1) It is the intent of the Legislature to encourage small 9 and home-based business enterprises. To that end, the 10 Legislature finds that: 11 (a) Small and home-based businesses are a critical part of 12 the economy of this state and provide unique and valuable 13 benefits to the communities in which they are located. 14 (b) Residential property is often the most valuable asset 15 owned by a potential small business entrepreneur. 16 (c) Residential property can be put to beneficial use by 17 potential small business entrepreneurs in ways that are 18 consistent with residential use. 19 (2)(a) For purposes of this section, a business is 20 considered a home-based business if: 21 1. The business is subordinate to the use of the dwelling 22 unit for residential purposes and requires no external 23 modifications that detract from the residential appearance of 24 the dwelling unit and that are visible from the street or 25 neighboring properties; and 26 2. The business uses no equipment or process that creates 27 noise, vibration, heat, smoke, dust, glare, fumes, or odors that 28 are plainly detectable from the street or neighboring 29 properties. 30 (b) A home-based business must meet all of the following 31 requirements: 32 1. The employees of the business who work at the 33 residential dwelling must also reside in the residential 34 dwelling, except that up to a total of two employees or 35 independent contractors who do not reside at the residential 36 dwelling may work at the business. 37 2. Traffic and the need for parking generated by the 38 business may not be greater in volume than would normally be 39 expected at a similar residence where no business is conducted. 40 Local governments may regulate the use of vehicles or trailers 41 operated or parked at the business or on a street right-of-way, 42 provided that such regulations are not more stringent than those 43 for a residence where no business is conducted. Vehicles and 44 trailers used in connection with the business must be parked in 45 legal parking spaces that are not located within the right-of 46 way, on or over a sidewalk, or on any unimproved surfaces at the 47 residence. Local governments may regulate the parking or storage 48 of heavy equipment at the business which is visible from the 49 street or neighboring property. For purposes of this 50 subparagraph, the term “heavy equipment” means commercial, 51 industrial, or agricultural vehicles, equipment, or machinery. 52 The term includes, but is not limited to, semi-trailers, 53 tractors, construction equipment, earth-moving equipment, cement 54 mixers, and any other similar equipment or machinery classified 55 as commercial by the manufacturer. 56 3. Business activities related to hours of operation and 57 business activities conducted outside of the primary residential 58 structure, including exterior signage displays or exterior 59 storage, must comply with all local regulations. However, a 60 local government may not impose any restriction on hours of 61 operation between 9 a.m. and 6 p.m. 62 4. The activities of the business must be secondary to the 63 property’s use as a residential dwelling. 64 5. All business activities must comply with any relevant 65 local, state, and federal regulations with respect to the use, 66 storage, or disposal of any corrosive, combustible, or other 67 hazardous or flammable materials or liquids. Any local 68 regulations on a business with respect to the use, storage, or 69 disposal of any corrosive, combustible, or other hazardous or 70 flammable materials or liquids may not be more stringent than 71 those that apply to a residence where no business is conducted. 72 6. Any business transactions conducted at the business must 73 not take place in view of the street. 74 (3) A home-based business: 75 (a) May operate in an area zoned for residential use; and 76 (b) Is subject to applicable business taxes under chapter 77 205 in the county and municipality in which the home-based 78 business is located. 79 (4) Local governments may not enact or enforce any 80 ordinance, regulation, or policy or take any action to otherwise 81 regulate a home-based business, other than as provided in this 82 section. 83 (5)(a) This section does not supersede any current or 84 future declaration of condominium adopted pursuant to chapter 85 718, cooperative document adopted pursuant to chapter 719, or 86 declaration of covenants adopted pursuant to chapter 720. 87 (b) This section does not prohibit local governments from 88 enacting or enforcing noise ordinances. 89 Section 2. This act shall take effect July 1, 2021. 90 91 ================= T I T L E A M E N D M E N T ================ 92 And the title is amended as follows: 93 Delete lines 96 - 110 94 and insert: 95 559.955, F.S.; providing legislative findings and 96 intent; specifying conditions under which a business 97 is considered a home-based business; providing 98 requirements for home-based businesses; defining the 99 term “heavy equipment”; authorizing a home-based 100 business to operate in an area zoned for residential 101 use; specifying that home-based businesses are subject 102 to certain business taxes; providing prohibitions and 103 authorizations for local governmental actions relating 104 to home-based businesses; providing construction; 105 providing an effective