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 that pertains to hoisting equipment,
   17  including power-operated cranes, derricks, hoists, elevators,
   18  and conveyors used in construction, demolition, or excavation
   19  work, which that is 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 or public 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. to Airspace height restrictions imposed under in chapter
   30  333.
   31         Section 2. This act shall take effect upon becoming a law.