SB 266 — Home-based Businesses

Florida Senate - 2021 CS for CS for SB 266 By the CommitteesCommittee on Rules;Community Affairs;

and CommunitySenators Affairs;Perry and Baxley 578-02661-21 2021266c1 A bill to be entitled An act relating to home-based businesses;

and Senators Perry and Baxley 595-04175-21 2021266c2 A bill to be entitled An act relating to home-based businesses;

definingauthorizing thea termhome-based “heavybusiness equipment”;to operate in a residential zone under certain circumstances;

authorizingspecifying athat home-basedhome businessbased tobusinesses operateare insubject anto areacertain zonedbusiness fortaxes; residential use;

specifyingprohibiting thata home-basedlocal businessesgovernment arefrom subjecttaking to certain businessactions taxes;relating to home-based businesses;

providing prohibitions and authorizations for local governmental actions relating to home-based businesses;

1514 Be It Enacted by the Legislature of the State of Florida:

1716 Section 1. Section 559.955, Florida Statutes, is created to read:

1. The business is subordinateconsistent towith the use of the dwelling unit for residential purposescharacter and requires no external modifications that detract from the residential appearance of the dwelling unitunit; and that are visible from the street or neighboring properties;

and 2. The business usesis nosubordinate equipmentto orthe processuse thatof createsthe noise,dwelling vibration,unit heat,for smoke,residential dust,purposes glare,and fumes,requires orno odorsexternal modifications that aredetract plainly detectable from the streetresidential orappearance neighboringof properties.the dwelling unit;

and 3. The business uses no equipment or process that creates noise, vibration, heat, smoke, dust, glare, fumes, odors, or electrical or electronic interference detectable by neighbors.

1. The employees of the home-based business who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two employees or independent contractors who do not reside at the residential dwelling may work at the business.

2. Traffic2. Parking andrelated theto need for parking generated by the business mayactivities notof bethe greaterhome inbased volumebusiness thanmust wouldcomply normallywith beall expectedlocal ator astate similarparking residenceregulations. where no business is conducted.

Local governments may regulate the use of vehicles or trailers operated or parked at the business or on a street right-of-way, provided that such regulations are not more stringent than those for a residence where no business is conducted.

Vehicles and trailers used in connection with the business must be parked in legal parking spaces that are not located within the right-of way, on or over a sidewalk, or on any unimproved surfaces at the residence.

Local governments may regulate the parking or storage of heavy equipment at the business which is visible from the street or neighboring property.

For purposes of this subparagraph, the term “heavy equipment” means commercial, industrial, or agricultural vehicles, equipment, or machinery.

The term includes, but is not limited to, semi-trailers, tractors, construction equipment, earth-moving equipment, cement mixers, and any other similar equipment or machinery classified as commercial by the manufacturer.

However,4. The aactivities localof governmentthe mayhome-based notbusiness imposemust anybe restrictionsecondary onto hoursthe ofproperty’s operationuse betweenas 9a a.m.residential dwelling.

5. All home-based business activities must comply with any relevant local, state, and 6federal p.m.regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids.

4. The(3) A activitieshome-based of the business mustthat beoperates secondaryfrom toa theresidential property’sproperty use as aprovided residentialin dwelling.subsection (2):

5. All business activities must comply with any relevant local, state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids.

Any local regulations on a business with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids may not be more stringent than those that apply to a residence where no business is conducted.

6. Any business transactions conducted at the business must not take place in view of the street.

(3) A home-based business:

and(b) May (b) Isnot subjectbe toprohibited, applicablerestricted, businessregulated, taxesor underlicensed chapterin 205a inmanner thethat countyis anddifferent municipalityfrom inother whichbusinesses thein home-baseda businesslocal isgovernment’s located.jurisdiction;

(4) Localand governments(c) Is mayonly notsubject enactto orapplicable enforcebusiness anytaxes ordinance,under regulation,chapter or205 policyin orthe takecounty anyand actionmunicipality toin otherwisewhich regulatethe ahome home-basedbased business,business otheris thanlocated. as provided in this section.

(5)(a) This(4) Local sectiongovernments doesmay not supersedeenact any current or futureenforce declarationany ofordinance, condominiumregulation, adoptedor pursuantpolicy, toor chaptertake 718,any cooperativeaction document adopted pursuant to chapterotherwise 719,regulate ora declarationhome-based ofbusiness, covenantsother adoptedthan pursuantas toprovided chapterin 720.this section.

(b) This(5) This section does not prohibitsupersede localany governmentscurrent fromor enactingfuture declaration of condominium adopted pursuant to chapter 718, cooperative document adopted pursuant to chapter 719, or enforcingdeclaration noiseof ordinances.covenants adopted pursuant to chapter 720.