Fort Myers, FL Home Business: Zoning Restrictions (2026)

Florida Statute 559.955 — known as the Home-Based Business Act — was originally adopted in 2021 (SB 266) and expanded in 2024. The statute preempts local government regulation of home-based businesses and prohibits Fort Myers and every other Florida municipality from (1) preventing a home-based business from operating in a residentially zoned area, (2) regulating a home-based business differently from a residence without a business, or (3) applying noise, vibration, light, dust, odor, fumes, or other standards more stringent than those applicable to a residence without a business. What the city may still regulate, at standards no stricter than those applied to residences without a business: vehicle parking and trailers on streets/rights-of-way, visible commercial/industrial equipment, business signage, and use/storage of hazardous materials. Fort Myers implements its narrow regulatory authority through Land Development Code § 118.3.4.C, which permits a home business with one non-resident employee, no outdoor visible storage, business area limited to 15% of the dwelling's living area, and prohibition of incompatible uses such as auto repair, restaurants, animal hospitals, and barbershops. A Home Business Affidavit and a Local Business Tax Receipt (City Code Chapter 70) are required before operating. The statute does not override valid HOA documents.