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.