ZONING REGULATIONS ON HOME-BASED WORK BY POLITICAL SUBDIVISIONS

(Sections 64.008, 65.710, and 89.500)

The act creates new provisions governing the regulation of home-based work, as defined in the act, by certain political subdivisions. Specifically, counties, municipalities, and townships are prohibited from enacting a zoning ordinance or regulation that:

· Prohibits mail order or telephone sales for home-based work;

· Prohibits service by appointment within the home or accessory structure;

· Prohibits or requires structural modifications to the home or accessory structure;

· Restricts the hours of operation for home-based work; or

· Restricts storage or the use of equipment that does not produce effects outside the home or accessory structure.

Furthermore, any such zoning ordinance or regulation may not explicitly restrict or prohibit a particular occupation.

These provisions do not supersede any deed restriction, covenant or agreement restricting the use of land nor any master deed, by law or other document applicable to a common interest ownership community.

These provisions are identical to provisions in the truly agreed to and finally passed SS/HCS/HB 1662 (2022), provisions in SCS/HB 2593 (2022), and provisions in HCS/SS/SCS/SB 931 (2022), and substantially similar to provisions in HCS/SS/SB 807 (2022).

ELIMINATION OF YOUTH ENTERTAINMENT WORK PERMITS

(Chapter 294)

The act additionally modifies current provisions of law regulating child employment. Specifically, the act repeals requirements that children under the age of 16 must obtain work permits prior to being employed in the entertainment industry, provided that children may still only be present at the place of employment for the entertainment industry if the parent, legal custodian, guardian, or designated guardian has consented and is present at all times.

Additionally, the act modifies the process for issuing work certificates to children under 18 years of age. Current law requires children under 18 years of age to be issued a work certificate in order to be employed during the regular school term. This act repeals that requirement and instead makes issuance of a work certificate as evidence of age of the child to be permissive, upon the request of the child or the employer seeking to employ the child. Such work certificates are to be issued by the Division of Labor Standards and shall be accepted as conclusive evidence of the age of the child.

The act furthermore provides that the Division of Labor Standards, Labor and Industrial Relations Commission, Department of Labor and Industrial Relations, and every other government entity in this state are prohibited from:

· Requiring that a child under the age of 18 be issued a work certificate of employment or entertainment work permit as a condition of employment; and

· Requiring an employer to obtain a work certificate of employment or entertainment work permit from a child under the age of 18 as a condition of employment.

These provisions are substantially similar to HB 2824 (2022) and to certain provisions in HCS/SS/SB 807 (2022).

SCOTT SVAGERA