Florida HB 1451 (2021), codified primarily as FS 559.955, broadly preempts most local government regulation of home-based businesses. Orlando cannot prohibit operation of a home-based business, require special licenses, or impose substantially greater restrictions than apply to similar residential activity. Home occupations must remain accessory to residential use, employees must be limited to occupants plus up to 2 non-residents, and external impacts must be limited.
FS 559.955 (Home-Based Businesses Act, HB 1451 of 2021) was a major Florida law reshaping local home occupation regulation. The act provides that local governments cannot prohibit, restrict, or regulate the operation of a home-based business in a manner more stringent than for similar residential activity, except for narrow exceptions. A home-based business is defined as one operated by a resident occupant where the business activity is secondary to the propertys use as a residence. The state requires that employees be limited to residents plus no more than 2 non-resident employees, parking and traffic must be similar to residential, exterior appearance must remain residential (no commercial signage), and noise/vibration/odor/heat/glare/smoke/dust must be no greater than residential. Orlando has updated Ch. 65 of its Land Development Code to comply. Truly heavy commercial uses (auto repair, manufacturing, kennels) remain prohibited.
Local code violation only allowed when business exceeds state-defined home-based parameters (e.g., excessive employees, commercial traffic, exterior change). Standard code enforcement penalties apply. State preemption defenses are strong if the city tries to over-regulate.
Orlando, FL
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