Until the passage of Florida Statute Section 559.955, home occupation ordinances applied, and varied on the types of businesses allowed, the activities authorized, and the permitting, licensing, fees and taxes imposed. This statute passed April 30, 2021 and was signed by the Governor on June 29, 2021.
Common home occupation regulation areas include residential character requirements, licensing/permitting/certification, permitted home occupations, prohibited home occupations, signage, employees, traffic and parking, storage and sale of merchandise, and floor area used for the home occupation.
Some examples of local regulation of home-based businesses in Florida include:
In
Volusia County, home-based businesses are required to occupy no more
than 25 percent of the habitable floor area of the residence;
In
Tampa, home-based businesses are
prohibited from
storing or selling merchandise,
and may not conduct
business
in any
accessory building;
In
Naples, home-based businesses are not allowed to conduct
retail,
wholesale, or warehousing activities at the residence;
In
Gainesville, a home-based business may not have more than one
automobile used for the home-based business parked on the premises
within view of surrounding properties. Such automobile
may not have more than two signs, not exceeding two square feet in
area, each mounted flat against or painted along the sides;
Jacksonville
limits home occupations to small-scale, limited businesses that do
not detract from the residential character of the neighborhood, and
limits the floor area that may be used by
the home occupation;
Orlando
requires home occupations to obtain an occupational license, and the
applicant must also
submit detailed information relating to the physical space of the
home. Orlando also prohibits
certain specified occupations;
Miami
limits home occupations to specified occupations, and occupations
that do not generate high vehicular demand and
limits the workspace of certain specified occupations;
Miami-Dade
County prohibits on-site signage related to a home
occupation;
Winter
Park prohibits employees other than family members living in the
house, and prohibits
the use of accessory buildings; and
Clearwater
requires traffic generated by the home-based business
to be
no greater in volume than regular residential traffic, limits the use
of commercial vehicles, and prohibits parking by marked vehicles on
the property.
General
law determines whether local governments are able to regulate
businesses, and to what degree. Currently, some local governments
have enacted ordinances specific to regulating home-based businesses,
or businesses which operate out of a residence.
Florida
Statute §
559.955 provides that 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 a manner that is
different from other businesses in a local government’s
jurisdiction. In order to be considered a home-based business, the
statute requires that the:
• Business
operates, in whole or in part, from a residential property;
• Employees
of the business must reside in the residence, except for up to two
employees or independent contractors who work at the residence and
any number of remote employees;
• Parking
related to business complies with local zoning requirements and may
not be greater than would be expected at a residence where no
business is conducted;
• Use
and external modifications of the residential property are consistent
with the uses, residential character, and architectural aesthetics of
the neighborhood;
• Business
complies with local regulations for signage, noise, vibration, heat,
smoke, dust, glare, fumes, noxious odors, hazardous or flammable
materials, vehicles, and
trailers,
provided that such regulations are not more stringent than those for
a residence where no business is conducted;
• Business
may not conduct retail transactions at a structure other than the
residential dwelling, except incidental and short term business
activities may be conducted at the residential property; and
• Activities
of the home-based business are secondary to the use as a residential
dwelling.
The
statute
provides that home-based businesses will only be subject to
applicable business taxes in
the
county and municipality where the home-based business is located.
The
statute allows any adversely affected current or prospective
home-based business owner to challenge any local government action
regulating home-based businesses. The prevailing party may recover
reasonable attorney fees and costs.
The
application of the statute does not supersede:
• Any
current or future declaration or declaration of condominium,
cooperative document, orhomeowners’
association declaration or declaration of covenant.
• Local
laws,
ordinances, or regulations related to transient public lodging
establishments or vacation rentals
that are not otherwise preempted under chapter 509.
