PCS for HB 537 (2020): An act relating to home-based businesses
Summary
PCS for HB 537 (original, 2020), a bill to be entitled an act relating to home-based businesses, from the Business Professions Subcommittee. Section 1 creates section 559.955, Florida Statutes, specifying the conditions under which a business operating from a residential property is considered a home-based business. It provides that a home-based business may operate in an area zoned for residential use and that local governments may not enact or enforce any ordinance, regulation or policy to license or otherwise regulate it in violation of the section. A party may challenge a local government action, and the prevailing party is entitled to reasonable attorney fees and costs. Section 2 states that the act takes effect July 1, 2020.
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“PCS for HB 537 (2020): An act relating to home-based businesses.”
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 537 ORIGINAL 2020
1 A bill to be entitled
2 An act relating to home-based businesses; creating s.
3 559.955, F.S.; specifying conditions under which a
4 business is considered a home-based business;
5 authorizing a home-based business to operate in a
6 residential zone under certain circumstances;
7 prohibiting a local government from certain actions
8 relating to the licensure and regulation of home-based
9 businesses; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 559.955, Florida Statutes, is created
14 to read:
15 559.955 Home-based businesses; local government
16 restrictions.-
17 (1) For purposes of this section, a business is considered
18 a home-based business if it operates, in whole or in part, from
19 a residential property and meets the following criteria:
20 (a) The employees of the home-based business who work at
21 the residential dwelling also reside in the residential
22 dwelling, except that up to two employees who do not reside at
23 the residential dwelling may work at the residential dwelling.
24 However, other employees of the home-based business who do not
25 primarily work at the residential dwelling are not required to
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PCS for hb0537-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 537 ORIGINAL 2020
26 reside in the dwelling.
27 (b) Parking related to the business activities of the
28 home-based business complies with local zoning requirements.
29 (c) As viewed from the street, the use of the residential
30 property is consistent with the uses of the residential areas
31 that surround the property. However, incidental and short-term
32 business uses and activities may be conducted at the residential
33 property.
34 (d) The activities of the home-based business are
35 secondary to the property's use as a residential dwelling.
36 (2) A home-based business that operates from a residential
37 property as provided in subsection (1):
38 (a) May operate in an area zoned for residential use.
39 (b) May not be prohibited, restricted, regulated, or
40 licensed in a manner that is different from other businesses in
41 a local government's jurisdiction.
42 (c) Shall only be subject to applicable business taxes
43 under chapter 205 in the county and municipality in which the
44 home-based business is located.
45 (3) Local governments may not enact or enforce any
46 ordinance, regulation, or policy, or take any action to license
47 or otherwise regulate a home-based business in violation of this
48 section.
49 (4) A party may challenge any local government action in
50 violation of this section. The prevailing party in a challenge
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 537 ORIGINAL 2020
51 is entitled to recover reasonable attorney fees and costs
52 incurred in challenging or defending the action, including
53 reasonable appellate attorney fees and costs.
54 Section 2. This act shall take effect July 1, 2020.
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PCS for hb0537-00
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