Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 266
       
       
       
       
       
       
                                Ì169668cÎ169668                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/12/2021           .                                
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       The Committee on Community Affairs (Perry) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 31 - 60
    4  and insert:
    5         (2)(a) For purposes of this section, a business is
    6  considered a home-based business if:
    7         1. The business is consistent with the residential
    8  character of the dwelling unit;
    9         2. The business is subordinate to the use of the dwelling
   10  unit for residential purposes and requires no external
   11  modifications that detract from the residential appearance of
   12  the dwelling unit; and
   13         3. The business uses no equipment or process that creates
   14  noise, vibration, heat, smoke, dust, glare, fumes, odors, or
   15  electrical or electronic interference detectable by neighbors.
   16         (b) A home-based business must meet all of the following
   17  requirements:
   18         1. The employees of the home-based business who work at the
   19  residential dwelling must also reside in the residential
   20  dwelling, except that up to a total of two employees or
   21  independent contractors who do not reside at the residential
   22  dwelling may work at the business.
   23         2. Parking related to the business activities of the home
   24  based business must comply with all local or state parking
   25  regulations.
   26         3. Business activities related to hours of operation and
   27  business activities conducted outside of the primary residential
   28  structure, including exterior signage displays or exterior
   29  storage, must comply with all local regulations.
   30         4. The activities of the home-based business must be
   31  secondary to the property’s use as a residential dwelling.
   32         5. All home-based business activities must comply with any
   33  relevant local, state, and federal regulations with respect to
   34  the use, storage, or disposal of any corrosive, combustible, or
   35  other hazardous or flammable materials or liquids.
   36         (3) A home-based business that operates from a residential
   37  property as provided in subsection (2):
   38         (a) May operate in an area zoned for residential use;
   39         (b) May not be prohibited, restricted, regulated, or
   40  licensed in a manner that is different from other businesses in
   41  a local government’s jurisdiction; and
   42         (c) Is only subject to applicable business taxes under
   43  chapter 205 in the county and municipality in which the home
   44  based business is located.
   45         (4) Local governments may not enact or enforce any
   46  ordinance, regulation, or policy, or take any action to
   47  otherwise regulate a home-based business, other than as provided
   48  in this section.
   49         (5) This section does not supersede any current or future
   50  declaration of condominium adopted pursuant to chapter 718,
   51  cooperative document adopted pursuant to chapter 719, or
   52  declaration of covenants adopted pursuant to chapter 720.
   53  
   54  ================= T I T L E  A M E N D M E N T ================
   55  And the title is amended as follows:
   56         Delete lines 5 - 11
   57  and insert:
   58         is considered a home-based business; providing
   59         requirements for home-based businesses; authorizing a
   60         home-based business to operate in a residential zone
   61         under certain circumstances; specifying that home
   62         based businesses are subject to certain business
   63         taxes; prohibiting a local government from taking
   64         certain actions relating to home-based businesses;
   65         providing construction; providing an