5 county-level rules, plus city-specific rules for 1 city in Lee County, Florida.
Verified from official government sources
Lee County's Land Development Code allows a home occupation as an accessory use in districts that permit dwellings, but it must be clearly incidental and subordinate to residential use. Florida's home-based business law (FS 559.955) also limits how counties can restrict qualifying home businesses.
Lee County LDC § 34-2 (definitions)
Home occupation means an occupation customarily carried on by an occupant of a dwelling unit as an accessory use which is clearly incidental to the use of the dwelling unit for residential purposes and operated in accordance with the application provisions of Article VII, Division 18 of this chapter.
A Lee County home occupation must show no exterior evidence that the dwelling is used for anything but a residence, except one small, non-illuminated nameplate. Larger commercial or illuminated signs are not permitted at a home-occupation address.
Florida's cottage food law lets you make and sell certain non-hazardous foods from your Lee County home with no state license and no local permit, as long as annual gross sales stay at or below $250,000. Lee County cannot separately license a compliant cottage food operation.
FS 500.80(1)(a)
A cottage food operation must comply with the applicable requirements of this chapter but is exempt from the permitting requirements of s. 500.12 if the cottage food operation complies with this section and has annual gross sales of cottage food products that do not exceed $250,000.
Home childcare in Florida is regulated by the state under FS Chapter 402. A family day care home must be licensed if Lee County requires it by ordinance; otherwise it must register annually with the Department of Children and Families. Capacity is capped at about six children.
FS 402.313(1)
Family day care homes shall be licensed under this act if they are presently being licensed under an existing county licensing ordinance or if the board of county commissioners passes a resolution that family day care homes be licensed. If not subject to license, family day care homes shall register annually with the department.
Lee County allows home occupations by right in districts permitting dwellings, subject to the Land Development Code's Division 18 standards. A Lee County local business tax receipt is generally required, and a home-occupation affidavit confirms compliance with the accessory-use limits.
1 cities in Lee County have their own home business rules. Each link goes to that city's dedicated page with code citations.
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