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Bill Summary Details

Home-based Businesses (CS/HB 403 Oppose – Preemption; CS/SB 266 Neutral)

CS/HB 403 (Giallombardo) and CS/CS/SB 266 (Perry) passed in their respective committees. The bills provide 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. The bills authorize business owners to challenge local government actions and authorize the prevailing party to recover specified attorney fees and costs. CS/CS/SB 266 was amended to provide that a home-based business may not create noise, vibration, heat, smoke, dust, glare, fumes, odors or electrical or electronic interference detectable by neighbors or from the street. The amended bill would also allow local regulation of a home-based business for items such as parking, signage, exterior structures and the use of hazardous materials. The business may operate from 9:00 a.m. to 6:00 p.m., and no business transaction may be visible from the street. (Cruz)