Title: Home-based Businesses

Summary: Specifies conditions under which business is considered home-based business; authorizes home-based business to operate in residential zone; prohibits local government from certain actions relating to licensure & regulation of home-based businesses; authorizes certain business owners to challenge local government actions; authorizes prevailing party to recover specified attorney fees & costs.

Full Text:
An act relating to home-based businesses; creating s. 559.955, F.S.; specifying conditions under which a business is considered a home-based business; authorizing a home-based business to operate in a residential zone under certain circumstances; prohibiting a local government from certain actions relating to the licensure and regulation of home-based businesses; authorizing specified business owners to challenge certain local government actions; authorizing the prevailing party to recover specified attorney fees and costs; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 559.955, Florida Statutes, is created to read: 559.955 Home-based businesses; local government restrictions. (1) For purposes of this section, a business is considered a home-based business if it operates, in whole or in part, from a residential property and meets the following criteria: (a) The employees of the home-based business who work at the residential dwelling also reside in the residential dwelling, except that up to two employees who do not reside at CS/CS/HB 2020 the residential dwelling may work at the residential dwel ling. However, other employees of the home-based business who do not primarily work at the residential dwelling are not required to reside in the dwelling. (b) Parking related to the business activities of the home-based business complies with local zoni ng requirements. (c) As viewed from the street, the use of the residential property is consistent with the uses of the residential areas that surround the property. However, incidental and short-term business uses and activities may be conducted at the residential property. (d) The activities of the home-based business are secondary to the property's use as a residential dwelling. (2) A home-based business that operates from a residential property as provided in subsection (1): (a) May operate in an area zoned for residential use. (b) May not be prohibited, restricted, regulated, or licensed in a manner that is different from other businesses in a local government's jurisdiction. (c) Shall only be subject to applicable business taxes under chapte rin the county and municipality in which the home-based business is located. (3) Local governments may not enact or enforce any ordinance, regulation, or policy, or take any action to license or otherwise regulate a home-based business in violation of this CS/CS/HB 2020 section. (4) Any adversely affected current or prospective home based business owner may challenge any local government action in violation of this section. The prevailing party in a challenge is entitled to recover reasonable attorney fees and costs incurred in challenging or defending the action, including reasonable appellate attorney fees and costs. Section 2. This act shall take effect July 1, 2020.