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

       Senator Perry moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 559.955, Florida Statutes, is created to
    6  read:
    7         559.955Home-based businesses; local government
    8  restrictions.—
    9         (1)For purposes of this section, a business is considered
   10  a home-based business if it operates, in whole or in part, from
   11  a residential property and meets the following criteria:
   12         (a)The employees of the business who work at the
   13  residential dwelling must also reside in the residential
   14  dwelling, except that up to a total of two employees or
   15  independent contractors who do not reside at the residential
   16  dwelling may work at the business. The business may have
   17  additional remote employees that do not work at the residential
   18  dwelling.
   19         (b)Parking related to the business activities of the home
   20  based business complies with local zoning requirements and the
   21  need for parking generated by the business may not be greater in
   22  volume than would normally be expected at a similar residence
   23  where no business is conducted. Local governments may regulate
   24  the use of vehicles or trailers operated or parked at the
   25  business or on a street right-of-way, provided that such
   26  regulations are not more stringent than those for a residence
   27  where no business is conducted. Vehicles and trailers used in
   28  connection with the business must be parked in legal parking
   29  spaces that are not located within the right-of-way, on or over
   30  a sidewalk, or on any unimproved surfaces at the residence.
   31  Local governments may regulate the parking or storage of heavy
   32  equipment at the business which is visible from the street or
   33  neighboring property. For purposes of this paragraph, the term
   34  “heavy equipment” means commercial, industrial, or agricultural
   35  vehicles, equipment, or machinery.
   36         (c)As viewed from the street, the use of the residential
   37  property is consistent with the uses of the residential areas
   38  that surround the property. External modifications made to a
   39  residential dwelling to accommodate a home-based business must
   40  conform to the residential character and architectural
   41  aesthetics of the neighborhood. The home-based business may not
   42  conduct retail transactions at a structure other than the
   43  residential dwelling; however, incidental business uses and
   44  activities may be conducted at the residential property.
   45         (d)The activities of the home-based business are secondary
   46  to the property’s use as a residential dwelling.
   47         (e)The business activities comply with any relevant local
   48  or state regulations with respect to signage and equipment or
   49  processes that create noise, vibration, heat, smoke, dust,
   50  glare, fumes, or noxious odors. Any local regulations on a
   51  business with respect to noise, vibration, heat, smoke, dust,
   52  glare, fumes, or noxious odors may not be more stringent than
   53  those that apply to a residence where no business is conducted.
   54         (f)All business activities comply with any relevant local,
   55  state, and federal regulations with respect to the use, storage,
   56  or disposal of any corrosive, combustible, or other hazardous or
   57  flammable materials or liquids. Any local regulations on a
   58  business with respect to the use, storage, or disposal of any
   59  corrosive, combustible, or other hazardous or flammable
   60  materials or liquids may not be more stringent than those that
   61  apply to a residence where no business is conducted.
   62         (2)A home-based business that operates from a residential
   63  property as provided in subsection (1):
   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, except as otherwise provided
   68  in this section.
   69         (c)Is only subject to applicable business taxes under
   70  chapter 205 in the county and municipality in which the home
   71  based business is located.
   72         (3)Local governments may not enact or enforce any
   73  ordinance, regulation, or policy or take any action to license
   74  or otherwise regulate a home-based business in violation of this
   75  section.
   76         (4)Any adversely affected current or prospective home
   77  based business owner may challenge any local government action
   78  in violation of this section. The prevailing party in a
   79  challenge may recover reasonable attorney fees and costs
   80  incurred in challenging or defending the action, including
   81  reasonable appellate attorney fees and costs.
   82         Section 2. The application of this act shall not supersede
   83  any current or future declaration or declaration of condominium
   84  adopted pursuant to chapter 718, Florida Statutes, cooperative
   85  document adopted pursuant to chapter 719, Florida Statutes, or
   86  declaration or declaration of covenant adopted pursuant to
   87  chapter 720, Florida Statutes.
   88         Section 3. This act shall take effect July 1, 2021.
   90  ================= T I T L E  A M E N D M E N T ================
   91  And the title is amended as follows:
   92         Delete everything before the enacting clause
   93  and insert:
   94                        A bill to be entitled                      
   95         An act relating to home-based businesses; creating s.
   96         559.955, F.S.; specifying conditions under which a
   97         business is considered a home-based business; defining
   98         the term “heavy equipment”; authorizing home-based
   99         businesses to operate in areas zoned for residential
  100         use; specifying that home-based businesses are subject
  101         to certain business taxes; prohibiting local
  102         governments from taking certain actions relating to
  103         the licensure and regulation of home-based businesses;
  104         authorizing adversely affected current or prospective
  105         home-based business owners to challenge certain local
  106         government actions; authorizing the prevailing party
  107         in such challenge to recover specified attorney fees
  108         and costs; providing that certain existing and future
  109         residential association declarations and documents are
  110         not superseded by the act; providing an effective
  111         date.