Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1628
       
       
       
       
       
       
                                Ì386876aÎ386876                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/08/2024           .                                
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       The Committee on Community Affairs (Brodeur) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete line 373
    4  and insert:
    5         Section 9. Effective July 1, 2024, section 125.489, Florida
    6  Statutes, is created to read:
    7         125.489 Preemption of restrictions on gasoline-powered leaf
    8  blowers.—
    9         (1) As used in this section, the term “gasoline-powered
   10  leaf blower” means a machine powered by an internal combustion
   11  engine or motor that uses gasoline or a blend of gasoline and
   12  oil to blow leaves, dirt, or other debris from sidewalks,
   13  driveways, lawns, or other surfaces.
   14         (2) A county may not enact or enforce a resolution, an
   15  ordinance, a rule, a code, or a policy or take any action that
   16  restricts or prohibits the use of gasoline-powered leaf blowers
   17  and may not create differing standards for or distinguish
   18  gasoline-powered leaf blowers from any other gasoline-powered,
   19  electric, or similar equipment or any other type of leaf blower
   20  in a retail, manufacturer, or distributor setting.
   21         (3) This section does not prohibit or limit a county from
   22  encouraging the use of alternative leaf blower equipment, such
   23  as battery-powered tools.
   24         Section 10. Effective July 1, 2024, section 166.0486,
   25  Florida Statutes, is created to read:
   26         166.0486  Preemption of restrictions on gasoline-powered
   27  leaf blowers.—
   28         (1) As used in this section, the term “gasoline-powered
   29  leaf blower” means a machine powered by an internal combustion
   30  engine or motor that uses gasoline or a blend of gasoline and
   31  oil to blow leaves, dirt, or other debris from sidewalks,
   32  driveways, lawns, or other surfaces.
   33         (2) A municipality may not enact or enforce a resolution,
   34  an ordinance, a rule, a code, or a policy or take any action
   35  that restricts or prohibits the use of gasoline-powered leaf
   36  blowers and may not create differing standards for or
   37  distinguish gasoline-powered leaf blowers from any other
   38  gasoline-powered, electric, or similar equipment or any other
   39  type of leaf blower in a retail, manufacturer, or distributor
   40  setting.
   41         (3) This section does not prohibit or limit a municipality
   42  from encouraging the use of alternative leaf blower equipment,
   43  such as battery-powered tools.
   44         Section 11. Except as otherwise expressly provided in this
   45  act and except for this section, which shall take effect upon
   46  this act becoming a law, this act shall take effect October 1,
   47  2024.
   48  
   49  ================= T I T L E  A M E N D M E N T ================
   50  And the title is amended as follows:
   51         Delete lines 34 - 35
   52  and insert:
   53         report; providing applicability; creating ss. 125.489
   54         and 166.0486, F.S.; defining the term “gasoline
   55         powered leaf blower”; prohibiting counties and
   56         municipalities, respectively, from taking certain
   57         actions to restrict or prohibit the use of gasoline
   58         powered leaf blowers; prohibiting differing standards
   59         or distinctions between leaf blowers and other similar
   60         equipment; providing construction; providing effective
   61         dates.