Florida Senate - 2021 SENATOR AMENDMENT Bill No. CS for HB 403 Ì809848\Î809848 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Perry moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 559.955, Florida Statutes, is created to 6 read: 7 559.955 Home-based businesses; local government 8 restrictions.— 9 (1) For purposes of this section, a business is considered 10 a home-based business if it operates, in whole or in part, from 11 a residential property and meets the following criteria: 12 (a) The employees of the business who work at the 13 residential dwelling must also reside in the residential 14 dwelling, except that up to a total of two employees or 15 independent contractors who do not reside at the residential 16 dwelling may work at the business. The business may have 17 additional remote employees that do not work at the residential 18 dwelling. 19 (b) Parking related to the business activities of the home 20 based business complies with local zoning requirements and the 21 need for parking generated by the business may not be greater in 22 volume than would normally be expected at a similar residence 23 where no business is conducted. Local governments may regulate 24 the use of vehicles or trailers operated or parked at the 25 business or on a street right-of-way, provided that such 26 regulations are not more stringent than those for a residence 27 where no business is conducted. Vehicles and trailers used in 28 connection with the business must be parked in legal parking 29 spaces that are not located within the right-of-way, on or over 30 a sidewalk, or on any unimproved surfaces at the residence. 31 Local governments may regulate the parking or storage of heavy 32 equipment at the business which is visible from the street or 33 neighboring property. For purposes of this paragraph, the term 34 “heavy equipment” means commercial, industrial, or agricultural 35 vehicles, equipment, or machinery. 36 (c) As viewed from the street, the use of the residential 37 property is consistent with the uses of the residential areas 38 that surround the property. External modifications made to a 39 residential dwelling to accommodate a home-based business must 40 conform to the residential character and architectural 41 aesthetics of the neighborhood. The home-based business may not 42 conduct retail transactions at a structure other than the 43 residential dwelling; however, incidental business uses and 44 activities may be conducted at the residential property. 45 (d) The activities of the home-based business are secondary 46 to the property’s use as a residential dwelling. 47 (e) The business activities comply with any relevant local 48 or state regulations with respect to signage and equipment or 49 processes that create noise, vibration, heat, smoke, dust, 50 glare, fumes, or noxious odors. Any local regulations on a 51 business with respect to noise, vibration, heat, smoke, dust, 52 glare, fumes, or noxious odors may not be more stringent than 53 those that apply to a residence where no business is conducted. 54 (f) All business activities comply with any relevant local, 55 state, and federal regulations with respect to the use, storage, 56 or disposal of any corrosive, combustible, or other hazardous or 57 flammable materials or liquids. Any local regulations on a 58 business with respect to the use, storage, or disposal of any 59 corrosive, combustible, or other hazardous or flammable 60 materials or liquids may not be more stringent than those that 61 apply to a residence where no business is conducted. 62 (2) A home-based business that operates from a residential 63 property as provided in subsection (1): 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, except as otherwise provided 68 in this section. 69 (c) Is only subject to applicable business taxes under 70 chapter 205 in the county and municipality in which the home 71 based business is located. 72 (3) Local governments may not enact or enforce any 73 ordinance, regulation, or policy or take any action to license 74 or otherwise regulate a home-based business in violation of this 75 section. 76 (4) Any adversely affected current or prospective home 77 based business owner may challenge any local government action 78 in violation of this section. The prevailing party in a 79 challenge may recover reasonable attorney fees and costs 80 incurred in challenging or defending the action, including 81 reasonable appellate attorney fees and costs. 82 Section 2. The application of this act shall not supersede 83 any current or future declaration or declaration of condominium 84 adopted pursuant to chapter 718, Florida Statutes, cooperative 85 document adopted pursuant to chapter 719, Florida Statutes, or 86 declaration or declaration of covenant adopted pursuant to 87 chapter 720, Florida Statutes. 88 Section 3. This act shall take effect July 1, 2021. 89 90 ================= T I T L E A M E N D M E N T ================ 91 And the title is amended as follows: 92 Delete everything before the enacting clause 93 and insert: 94 A bill to be entitled 95 An act relating to home-based businesses; creating s. 96 559.955, F.S.; specifying conditions under which a 97 business is considered a home-based business; defining 98 the term “heavy equipment”; authorizing home-based 99 businesses to operate in areas zoned for residential 100 use; specifying that home-based businesses are subject 101 to certain business taxes; prohibiting local 102 governments from taking certain actions relating to 103 the licensure and regulation of home-based businesses; 104 authorizing adversely affected current or prospective 105 home-based business owners to challenge certain local 106 government actions; authorizing the prevailing party 107 in such challenge to recover specified attorney fees 108 and costs; providing that certain existing and future 109 residential association declarations and documents are 110 not superseded by the act; providing an effective 111 date.