Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for HB 403
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 2/AD/2R         .           Floor: CA            
             04/28/2021 10:37 AM       .      04/30/2021 11:41 AM       

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