Agenda 08/12/2025 Item #16H 1 (Advertise an Ordinance to allow Code Enforcement of home-based)8/12/2025
Item # 16.H.1
ID# 2025-2306
Executive Summary
Recommendation to direct the County Attorney to advertise an Ordinance codifying §559.955, Florida Statutes, into the
Collier County Code of Ordinances to allow Code Enforcement of home-based businesses consistent with the terms of
the statute.
OBJECTIVE: To authorize the County Attorney to advertise an Ordinance related to home-based businesses based on
§559.955, Florida Statutes.
CONSIDERATIONS: In 2021, the Florida Legislature enacted Chapter 2021-202, Laws of Florida, codified as
§559.955, Florida Statutes, with an effective date of July 1, 2021. The legislative intent of the law was to encourage
home-based business enterprises by allowing potential home-based business entrepreneurs to use residential property in
ways consistent with residential use, while simultaneously allowing for reasonable local regulations to preserve the
character of residential neighborhoods and mitigating potential negative impacts. The law preempts local government
ordinances and regulations related to home businesses that conflict with its provisions. Generally, State statutes which
do not preempt local governments are not enforceable by local governments unless and until they adopt an ordinance.
The law includes criteria that home-based businesses must meet to operate in an area zoned for residential use. Home-
based businesses may not have more than two employees who do not reside at the home or are not the residents'
immediate family. Home-based businesses must comply with all local parking requirements and may not substantially
increase traffic, noise, and
waste or recycling. The law also restricts home-based businesses to activities secondary to the property's use as a
residential dwelling and consistent with the uses of surrounding residential property, as viewed from the street. These
limitations on home-based businesses resemble current home occupation ordinances imposed by local governments.
The Ordinance, which fully mirrors §559.955, Florida Statutes, enables the County to enforce the law through its Code
Enforcement division and issue penalties for violations. The proposed ordinance balances the economic benefits of
home-based enterprises with the community's interest in maintaining quality of life and neighborhood integrity.
Staff is preparing an amendment to the LDC with respect to home-based businesses, which can work hand-in-hand with
the proposed ordinance. My understanding is that proposed LDC amendment will be brought to the Board in
November.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and
legality and requires a majority vote for Board adoption. -JAK
RECOMMENDATIONS: To direct the County Attorney to advertise an Ordinance to be brought back for a public
hearing codifying §559.955, Florida Statutes, into the Collier County Code of Ordinances to allow Code Enforcement of
home-based businesses consistent with the terms of the statute.
PREPARED BY: Commissioner William L. McDaniel, Jr., District 5.
ATTACHMENTS:
1. Ordinance_Home Based Business
Page 3451 of 3949
ORDINANCE NO. 2025-______
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
PERTAINING TO HOME-BASED BUSINESSES; PROVIDING FOR
HOME-BASED BUSINESS REGULATIONS CONSISTENT WITH
GENERAL LAW; PROVIDING FOR ENFORCEMENT AND
PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature enacted Chapter 2021-202, Laws of Florida, codified
as §559.955, Florida Statutes, with an effective date of July 1, 2021; and
WHEREAS, §559.955, Florida Statutes prohibits local governments from regulating home-
based businesses in any manner inconsistent with the terms of such statute; and
WHEREAS, Collier County desires to regulate home-based businesses in a manner
authorized by §559.955, Florida Statutes, including permissible regulations on employees, parking,
heavy machinery, use of the premises, and external appearance; and
WHEREAS, the incorporation of the provisions of §559.955, Florida Statutes, into the
Code of Ordinances of Collier County provides for local code enforcement for violations of the
home-based businesses statute; and
WHEREAS, the Board of County Commissioners (“Board”) now desires to incorporate the
provisions §559.955, Florida Statutes into the Collier County Code of Ordinances.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: TITLE.
This Ordinance shall be known and may be cited as the “Collier County Home Based
Businesses Ordinance.”
SECTION TWO: CREATION OF ARTICLE 12, SECTION 26- HOME-BASED
BUSINESSES.
Article 12, Section 26-461, Home-Based Businesses, is hereby created and added to Chapter
26 of the Collier County Code of Ordinances and shall state the following:
Article 12, Section 26-461 Home-based businesses
(1) It is the purpose of this section to provide for the orderly conduct of a limited
commercial activity on property otherwise zoned for residential purposes.
Page 3452 of 3949
(2) Unless otherwise expressly permitted by applicable statutes or residential zoning
regulations, including but not limited to mixed-use developments and planned unit
developments, only commercial activity meeting the definition of home-based businesses, as
defined in §559.955, Florida Statutes, is permitted on property zoned for residential use.
(3) All home-based businesses located on property zoned for residential purposes must
operate subject to the following provisions, conditions, and restrictions:
a. The employees of the business who work at the residential dwelling must also
reside in the residential dwelling, except that up to a total of two employees or
independent contractors who do not reside at the residential dwelling may work at the
business. The business may have additional remote employees that do not work at the
residential dwelling.
b. Parking related to the business activities of the home-based business must comply
with zoning requirements applicable to other residential properties with the same
zoning classification, and the need for parking generated by the business may not be
greater in volume than would normally be expected at a similar residence where no
business is conducted. Home-based businesses must comply with any regulations
pertaining to the operation or parking of vehicles or trailers at the business or on a street
right-of-way as such regulations would apply to a residence where no business is
conducted. Vehicles and trailers used in connection with the home-based business must
be parked in legal parking spaces that are not located within the right-of-way, on or
over a sidewalk, or on any unimproved surfaces at the residence.
c. No heavy equipment, defined herein as commercial, industrial, or agricultural
vehicles, equipment, or machinery, may be parked or stored such that such equipment
is visible from the street or neighboring property.
d. As viewed from the street, the use of the residential property is consistent with the
uses of the residential areas that surround the property. External modifications made to
a residential dwelling to accommodate a home-based business must conform to the
residential character and architectural aesthetics of the neighborhood.
e. The home-based business may not conduct retail transactions at a structure other
than the residential dwelling; however, incidental business uses and activities may be
conducted at the residential property.
f. The activities of the home-based business are secondary to the property’s use as a
residential dwelling.
g. The business activities comply with any relevant local or state regulations with
respect to signage and equipment or processes that create noise, vibration, heat, smoke,
dust, glare, fumes, or noxious odor as such regulations apply to other residences where
no business is conducted.
h. All business activities comply with any relevant local, state, and federal regulations
with respect to the use, storage, or disposal of any corrosive, combustible, or other
hazardous or flammable materials or liquids as such regulations would apply to a
residence where no business is conducted.
Page 3453 of 3949
(4) Nothing herein may be deemed to excuse or exempt the owner or operator of a home-
based business from paying any taxes, including business tax receipts, that may be due an
owing in connection with the operation or establishment of any such business or complying
with any federal or state occupational or licensure requirements.
SECTION THREE: VIOLATIONS AND ENFORCEMENT.
All violations of this Ordinance may be processed according to the Collier County
Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and per provisions of
Chapter 162, pts. I or II, Florida Statutes, as may be applicable.
SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word “ordinance” may be changed to “section,” “article,” or any
other appropriate word.
SECTION FIVE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any general law pertaining to home-based
businesses, general law will govern and control the interpretation and application of this Ordinance.
If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion.
SECTION SIX: EFFECTIVE DATE.
This Ordinance shall take effect immediately upon receipt of the official acknowledgment
from the office of the Secretary of State of Florida that this Ordinance has been filed with that
office.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _____day of _________________2025.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: __________________________ By: _____________________________
, Deputy Clerk Burt L. Saunders, Chairman
Approved as to form and legality:
_______________________________
Jeffrey A. Klatzkow, County Attorney
Page 3454 of 3949
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
August 12, 2025
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED:
A. DISTRICTS:
1) Quarry Community Development District:
03/10/2025 Agency Memo, Signed Minutes, & Agency Mailing
04/10/2025 Agency Memo, Signed Minutes, & Agency Mailing
2) Big Cypress Stewardship District:
Proposed FY 2026 Budget
Page 3455 of 3949