Florida Senate - 2020 SB 272 By Senator Rodriguez 37-00532-20 2020272__ 1 A bill to be entitled 2 An act relating to the state preemption of the 3 regulation of hoisting equipment; amending s. 489.113, 4 F.S.; creating an exception to state preemption to 5 authorize local worksite regulation regarding 6 hurricane preparedness; providing an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Subsection (11) of section 489.113, Florida 11 Statutes, is amended to read: 12 489.113 Qualifications for practice; restrictions.— 13 (11)(a) Any local act, law, ordinance, or regulation, 14 including, but not limited to, a local building code or building 15 permit requirement, of a county, municipality, or other 16 political subdivision which
thatpertains to hoisting equipment, 17 including power-operated cranes, derricks, hoists, elevators, 18 and conveyors used in construction, demolition, or excavation 19 work, which thatis not already preempted by the Occupational 20 Safety and Health Administration under 29 C.F.R. parts 1910 and 21 1926, including, but not limited to, local worksite regulation 22 regarding hurricane preparedness orpublic safety, is prohibited 23 and is preempted to the state. 24 (b) This subsection does not apply to: 25 1. Any local worksite regulation pertaining to hoisting 26 equipment which is limited to required precautions specific to 27 hurricane preparedness; 28 2. The regulation of elevators under chapter 399; or 29 3. toAirspace height restrictions imposed under inchapter 30 333. 31 Section 2. This act shall take effect upon becoming a law.