Florida Senate - 2025                                     SB 346
       
       
        
       By Senator Rouson
       
       
       
       
       
       16-00831-25                                            2025346__
    1                        A bill to be entitled                      
    2         An act relating to state preemption of the regulation
    3         of hoisting equipment; amending s. 489.113, F.S.;
    4         deleting provisions preempting to the state the
    5         regulation of certain hoisting equipment; providing an
    6         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) 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 that pertains to hoisting equipment
   17  including power-operated cranes, derricks, hoists, elevators,
   18  and conveyors used in construction, demolition, or excavation
   19  work, that is not already preempted by the Occupational Safety
   20  and Health Administration under 29 C.F.R. parts 1910 and 1926,
   21  including, but not limited to, local worksite regulation
   22  regarding hurricane preparedness or public safety, is prohibited
   23  and is preempted to the state. This subsection does not apply to
   24  the regulation of elevators under chapter 399 or to airspace
   25  height restrictions in chapter 333.
   26         Section 2. This act shall take effect July 1, 2025.