Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for HB 403
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

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