Agenda 09/09/2025 Item # 9C (Ordinance - Home Base Businesses)9/9/2025
Item # 9.C
ID# 2025-2851
Executive Summary
Recommendation to enact 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 give local government enforcement of a State statute.
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: None.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS:
This item has been reviewed by the County Attorney. The ordinance is a cut & paste from the home-based business
statute. The following clause was added to the ordinance, which is not a part of the statute:
(3) Home occupations/ home-based business shall be allowed inside any dwelling within any zoning district
that permits residential dwellings as a permitted use.
I believe that this addition is consistent with the terms and intent of the statute. With that said, there could be a challenge
to this added provision. The item is approved as to form and legality and requires a majority vote for Board adoption. -
JAK
RECOMMENDATIONS: To adopt the attached 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.
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9/9/2025
Item # 9.C
ID# 2025-2851
PREPARED BY: Commissioner William L. McDaniel, Jr., District 5
ATTACHMENTS:
1. Ordinance - Home Base Businesses
2. legal ad - Home Based Businesses Ordinance - 9.9.25
3. Business Impact Estimate - home based businesses ordinance - 9.9.25
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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.
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(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) Home occupations/ home-based business shall be allowed inside any dwelling within any
zoning district that permits residential dwellings as a permitted use.
(4) 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
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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.
(5) 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
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Approved as to form and legality:
_______________________________
Jeffrey A. Klatzkow, County Attorney
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NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners
commencing at 9:00 a.m. on September 9, 2025, in the Board of County Commissioners meeting room, Third floor,
Collier Government Center, 3299 East Tamiami Trail, Naples, FL, to consider:
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.
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group
or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing. All materials
used in presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public
comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely
should register through the link provided within the specific event/meeting entry on the Calendar of Events on the
County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the
County website. Registration should be done in advance of the public meeting or any deadline specified within the
public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how
they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk.
The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey
Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto
and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management
Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days
prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BURT L. SAUNDERS, CHAIRMAN
CRYSTAL K. KINZEL,
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
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1
Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed
ordinance is to be considered and must be posted on the County’s website by the time notice of
the proposed ordinance is published.
Published on County website by: _8/29/2025_[expected legal advertising date]
Proposed ordinance’s Short Title:
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.
This Business Impact Estimate is provided in accordance with section 125.66(3), Florida
Statutes. If one or more boxes are checked below, this means the County is of the view
that a business impact estimate is not required by state law1 for the proposed ordinance,
but the County is, nevertheless, providing this Business Impact Estimate as a courtesy
and to avoid any procedural issues that could impact the enactment of the proposed
ordinance. This Business Impact Estimate may be revised following its initial posting.
☒ The proposed ordinance is required for compliance with Federal or State law or
regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the county government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following:
a. Development orders and development permits, as those terms are defined in
Section 163.3164, and development agreements, as authorized by the Florida
Local Government Development Agreement Act under Sections 163-3220-
163.3243;
1 See Section 125.66(3)(c), Florida Statutes.
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2
b. Comprehensive Plan amendments and land development regulation
amendments initiated by application by a private party other than Collier
County;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that
an exemption noted above may apply, the County hereby publishes the following
information:
1. Summary of the proposed ordinance (must include a statement of the public purpose,
such as serving the public health, safety, morals and welfare):
The public purpose is to codify the provisions of Florida Statute section 559.955 to
allow for county enforcement.
2. An estimate of the direct economic impact of the proposed ordinance on private, for-
profit businesses in the County, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed ordinance or for which businesses
will be financially responsible; and
(c) An estimate of the County’s regulatory costs, including estimated revenues from any
new charges or fees to cover such costs.
None
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
As to business impact, not applicable.
4. Additional information the governing body deems useful (if any):
[You may wish to include in this section the methodology or data used to prepare the Business
Impact Estimate. For example: County staff solicited comments from businesses in the County
as to the potential impact of the proposed ordinance by contacting the chamber of commerce,
social media posting, direct mail or direct email, posting on County website, public workshop, etc.
You may also wish to include efforts made to reduce the potential fiscal impact on businesses.
You may also wish to state here that the proposed ordinance is a generally applicable ordinance
that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the
proposed ordinance does not affect only businesses.]
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