Florida Senate - 2021                              CS for SB 266
       
       
        
       By the Committee on Community Affairs; and Senators Perry and
       Baxley
       
       
       
       
       578-02661-21                                           2021266c1
    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; providing
    6         requirements for home-based businesses; authorizing a
    7         home-based business to operate in a residential zone
    8         under certain circumstances; specifying that home
    9         based businesses are subject to certain business
   10         taxes; prohibiting a local government from taking
   11         certain actions relating to home-based businesses;
   12         providing construction; providing an 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)(a) For purposes of this section, a business is
   32  considered a home-based business if:
   33         1. The business is consistent with the residential
   34  character of the dwelling unit;
   35         2. The business is subordinate to the use of the dwelling
   36  unit for residential purposes and requires no external
   37  modifications that detract from the residential appearance of
   38  the dwelling unit; and
   39         3. The business uses no equipment or process that creates
   40  noise, vibration, heat, smoke, dust, glare, fumes, odors, or
   41  electrical or electronic interference detectable by neighbors.
   42         (b) A home-based business must meet all of the following
   43  requirements:
   44         1. The employees of the home-based business who work at the
   45  residential dwelling must also reside in the residential
   46  dwelling, except that up to a total of two employees or
   47  independent contractors who do not reside at the residential
   48  dwelling may work at the business.
   49         2. Parking related to the business activities of the home
   50  based business must comply with all local or state parking
   51  regulations.
   52         3. Business activities related to hours of operation and
   53  business activities conducted outside of the primary residential
   54  structure, including exterior signage displays or exterior
   55  storage, must comply with all local regulations.
   56         4. The activities of the home-based business must be
   57  secondary to the property’s use as a residential dwelling.
   58         5. All home-based business activities must comply with any
   59  relevant local, state, and federal regulations with respect to
   60  the use, storage, or disposal of any corrosive, combustible, or
   61  other hazardous or flammable materials or liquids.
   62         (3) A home-based business that operates from a residential
   63  property as provided in subsection (2):
   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; and
   68         (c) Is only subject to applicable business taxes under
   69  chapter 205 in the county and municipality in which the home
   70  based business is located.
   71         (4) Local governments may not enact or enforce any
   72  ordinance, regulation, or policy, or take any action to
   73  otherwise regulate a home-based business, other than as provided
   74  in this section.
   75         (5) This section does not supersede any current or future
   76  declaration of condominium adopted pursuant to chapter 718,
   77  cooperative document adopted pursuant to chapter 719, or
   78  declaration of covenants adopted pursuant to chapter 720.
   79         Section 2. This act shall take effect July 1, 2021.