Fort Myers requires every home-based business to submit a Home Business Affidavit certifying compliance with LDC § 118.3.4.C and to obtain a Local Business Tax Receipt under City Code Chapter 70. State law (FS 559.955) preempts most substantive restrictions, but the city's affidavit and business tax process remain lawful as a general business registration applied equally to home and commercial operations.
Anyone operating a business from a home in Fort Myers must (1) submit the city's Home Business Affidavit to the Business Tax Office, and (2) obtain a Local Business Tax Receipt under Fort Myers City Code Chapter 70. The Home Business Affidavit certifies compliance with the home-business standards in LDC § 118.3.4.C: the business is operated by a resident; no more than one non-resident employee works on-site; the business uses no more than 15% of the dwelling's living area; there is no outdoor storage visible from neighboring properties; no condition increases fire hazard; the business does not generate noise, vibration, light, dust, odor, or fumes greater than would be expected at a residence without a business (the FS 559.955 standard); and prohibited uses (auto repair, restaurants, animal hospitals, barbershops) are not conducted. The Local Business Tax Receipt requires payment of the city business tax (rates set by City Code Chapter 70, varying by NAICS classification) and must be renewed annually by September 30. Some regulated professions require additional state licensing (contractors via DBPR, real estate via DBPR, food sales via DACS or FS 500.80 cottage food, child care via DCF). HOAs may impose additional restrictions through their CC&Rs — FS 559.955 expressly preserves HOA authority.
Operating without a Local Business Tax Receipt is a violation of City Code Chapter 70 enforceable by civil citation. Operating in violation of LDC § 118.3.4.C is enforced by Code Enforcement through the Special Magistrate at residential standards (FS 559.955 cap): fines up to $250/day for first offense, up to $500/day for repeat offenses.
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