The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Regulated Industries
BILL: SB 346
INTRODUCER: Senator Rouson
SUBJECT: State Preemption of the Regulation of Hoisting Equipment
DATE: March 11, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Baird Imhof RI Pre-meeting
2. CA
3. RC
I. Summary:
SB 346 deletes the provision in current law that preempts regulation of certain hoisting
equipment that is not preempted by federal law to the state.
The bill has an effective date of July 1, 2025.
II. Present Situation:
Regulation of Hoisting Equipment
The federal government, through the Occupational Safety and Health Administration (OSHA),
generally regulates hoisting equipment.
1
Florida currently does not regulate the operation of mobile or tower cranes on construction sites
or license crane operators, nor does it provide for hurricane or high-wind event standards or
plans relating to on-site crane use.
In 2012, CS/HB 521 created s. 489.113(11), F.S., which prohibited any local act, law, ordinance,
or regulation pertaining to the regulation of hoisting equipment and hoisting equipment operators
in Florida. It preempted the regulation of that equipment, not already preempted by the federal
government to the state.
Occupational Safety and Health Act and Regulation of Hoisting Equipment
The Occupational Safety and Health Act of 1970 (the OSH Act) created the Occupational Safety
and Health Administration (OSHA), a federal agency that promulgates standards related to
1
29 CFR s. 1926.552.
REVISED: BILL: SB 346 Page 2
workplace health and safety.
2
The Supreme Court has held that Congress intended to establish
“uniform, federal occupational and health standards” in the OSH Act to avoid “duplicative, and
possibly counterproductive regulation.”
3
The Court has further held that “the OSH Act
precludes any state regulation of an occupational or health issue, with respect to which a federal
standard has been established, unless a state plan has been submitted.”
4
This applies regardless
of whether the state law requirement serves a dual purpose and has another non-occupational
purpose.
5
The OSH Act allows a state that desires to assume responsibility for development and
enforcement of occupational safety and health standards relating to any occupational safety or
health issue, where a federal standard has been promulgated, to do so by submitting a state plan
for the development of such standards and their enforcement.
6
However, unless a state plan has been submitted and approved, the OSH Act prohibits state and
local governments from promulgating regulation related to workplace health or safety if an
applicable OSHA standard is already in place.
7
Conversely, if a relevant OSHA standard is not
in place, the OSH Act does not federally preempt state or local regulation regarding workplace
health or safety.
8
As a result, regulation of workplace health and safety that is not addressed by
existing OSHA standards generally may be adopted by state and local governments.
Currently, the state does not regulate the operations of mobile or tower cranes on construction
sites or license crane operators, nor does it provide for hurricane or high-wind event standards or
plans relating to on-site crane use. However, OSHA’s occupational health and safety standards
apply to both construction worksites and employees engaged in construction work.
9
OSHA standards include general requirements for construction work involving cranes, derricks,
material hoists, personnel hoists, and elevators.
10
OSHA regulations require compliance with the
manufacturer’s specifications and limitations applicable to the operation of all cranes, derricks,
hoists, and elevators. In cases where the manufacturer’s specifications are not available, the
limitations assigned to the equipment are to be based on the determinations of a qualified
engineer competent in the field.
11
OSHA regulations also contain requirements for the inspection and certification of crane and
hoisting equipment and standards for hand signals to crane and derrick operators.
12
Further, by
incorporating the mandatory rules of the applicable American Society of Mechanical Engineers
2
29 U.S.C. § 651.
3
Gade v. National Solid Waste Management Association, 505 U.S. 88, 102 (1992).
4
Id.
5
505 U.S. 88 (1992).
6
29 U.S.C. s. 667(b).
7
See Gade v. National Solid Waste Management Association, 505 U.S. 88, 98-99 (1992).
8
29 U.S.C. s. 667(a).
9
29 C.F.R. s. 1910.12(a).
10
29 C.F.R. s. 1926.550 & s. 1926.552.
11
Id.
12
See Associated Builders v. Miami-Dade Co., No. 08-21274-CIV-UNGARO (S.D. Fla. Jan. 14, 2009), aff’d, 594 F. 3d 1321
(11th Cir. 2010). BILL: SB 346 Page 3
(ASME) standards, OSHA standards include inspection of cranes and standards for crane
operator qualifications and certifications.
Miami-Dade County Ordinance Relating to the Safety of Hoisting Equipment
In March 2008, Miami-Dade County passed and adopted an ordinance that set binding
regulations for the construction, installation, operation, and use of tower cranes, personnel, and
material hoists.
13
The ordinance was subsequently challenged as being preempted by the OSH
Act and OSHA standards that regulated occupational safety and health standards.
14
Miami-Dade
County defended the provisions as valid saying it had targeted public safety rather than
occupational safety.
15
The United States District Court permanently enjoined the County from implementing certain
provisions of the ordinance relating to wind load standards finding that the standards directly
affected occupational safety and therefore were preempted by the federal standards, even if the
ordinance served a dual purpose and addressed public safety issues as well.
16
The District Court
also found that other parts of the Miami-Dade ordinance relating to public safety and hurricane
preparedness were not preempted because the scope of OSHA’s standards as they relate to cranes
and hoists did not include regulation regarding hurricane preparedness or public safety.
17
The
decision of the District Court was later affirmed by the 11th Circuit Court of Appeals finding that
the Miami-Dade ordinance was preempted by OSHA with regard to wind load standards for
tower cranes and hoists.
18
Post Associated Builders v. Miami-Dade Co.
In January 2025 Miami-Dade County passed a resolution urging the Florida Legislature to repeal
the preemption in current law and allow local governments to regulate and enforce crane safety
in matters that are not preempted to the federal government, citing specifically hurricane
preparedness.
19
III. Effect of Proposed Changes:
Section 1 of the bill deletes the section of law that preempts regulations of certain hoisting
equipment that is not preempted by federal law, to the state.
Section 2 of the bill provides an effective date of July 1, 2025.
13
Miami-Dade County, FL, Ordinance No. 08-34.
14
See Associated Builders v. Miami-Dade Co., No. 08-21274-CIV-UNGARO (S.D. Fla. Jan. 14, 2009), aff’d, 594 F. 3d 1321
(11th Cir. 2010).
15
Id.
16
Id.
17
Id.
18
Associated Builders v. Miami-Dade Co., 594 F. 3d 1321 (11th Cir. 2010).
19
Miami-Dade County, FL, Resolution No. R-67-25. BILL: SB 346 Page 4
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill repeals the following sections of the Florida Statutes: 489.113. BILL: SB 346 Page 5
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.