Proposed SB 346 and HB 6009 would delete a provision of 489.113, Florida Statutes, that previously reserved regulation of hoisting equipment including power-operated cranes, derricks, hoists, elevators, and conveyors used in construction, demolition, or excavation work, to the State of Florida. If enacted, the changes would take place July 1, 2025.
The proposed bill deletes 4891.113(11), Florida Statutes, in its entirety, which states:
(11) Any local act, law, ordinance, or regulation, including, but not limited to, a local building code or building permit requirement, of a county, municipality, or other political subdivision that pertains to hoisting equipment including power-operated cranes, derricks, hoists, elevators, and conveyors used in construction, demolition, or excavation work, that is not already preempted by the Occupational Safety and Health Administration under 29 C.F.R. parts 1910 and 1926, including, but not limited to, local worksite regulation regarding hurricane preparedness or public safety, is prohibited and is preempted to the state. This subsection does not apply to the regulation of elevators under chapter 399 or to airspace height restrictions in chapter 333.
The deletion of this language would allow local municipalities to enact laws, ordinances, or regulations, governing hoisting equipment.