Florida Senate - 2021 SB 266 By Senator Perry 8-00638-21 2021266__ 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; authorizing a 6 home-based business to operate in a residential zone 7 under certain circumstances; preempting to the state 8 the ability to regulate or license home-based 9 businesses; prohibiting a local government from 10 certain actions relating to the licensure and 11 regulation of home-based businesses; providing an 12 effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Section 559.955, Florida Statutes, is created to 17 read: 18 559.955 Home-based businesses; legislative findings and 19 intent; preemption.— 20 (1) It is the intent of the Legislature to encourage small 21 and home-based business enterprises. To that end, the 22 Legislature finds that: 23 (a) Small and home-based businesses are a critical part of 24 the economy of this state and provide unique and valuable 25 benefits to the communities in which they are located. 26 (b) Residential property is often the most valuable asset 27 owned by a potential small business entrepreneur. 28 (c) Residential property can be put to beneficial use by 29 potential small business entrepreneurs in ways that are 30 consistent with residential use. 31 (2) For purposes of this section, a business is considered 32 a home-based business if it operates, in whole or in part, from 33 a residential property and meets the following criteria: 34 (a) The employees of the home-based business reside in the 35 residential dwelling or are immediate family members of 36 residents of the dwelling, except that up to two employees are 37 not required to be related to a resident of or reside in the 38 dwelling. 39 (b) Parking related to the business activities of the home 40 based business complies with local zoning requirements. 41 (c) The business activities of the home-based business do 42 not generate a substantial increase in any of the following: 43 1. Traffic. 44 2. Noise. 45 3. Waste or recycling. 46 (d) As viewed from the street, the use of the residential 47 property is consistent with the uses of the residential areas 48 that surround the property. 49 (e) The activities of the home-based business are secondary 50 to the property’s use as a residential dwelling. 51 (3)(a) A home-based business that operates from a 52 residential property as provided in subsection (2) may operate 53 in an area zoned for residential use. 54 (b) A residential dwelling that is used as a home-based 55 business must meet the applicable standards of the Florida 56 Building Code. 57 (4) The licensure and regulation of home-based businesses 58 is preempted to the state, and local governments may not enact 59 or enforce any ordinance, regulation, or policy or take any 60 action to license or otherwise regulate a home-based business. 61 Section 2. This act shall take effect July 1, 2021.