Read the full stored bill text
Florida Senate
-
2026
SB 1444
By
Senator Martin
33-00731A-26 20261444__
1 A bill to be entitled
2 An act relating to preemption to the state; creating
3 ss. 125.595, 166.0499, and 189.09, F.S.; providing
4 legislative findings and intent; providing for
5 preemption of all matters relating to the regulation
6 of religious services and gatherings; prohibiting
7 counties, municipalities, and special districts,
8 respectively, from substantially burdening the free
9 exercise of religion by adopting or enforcing certain
10 ordinances, regulations, resolutions, rules, or other
11 policies; requiring that religious services and
12 gatherings, and parking relating to the attendance of
13 such services and gatherings, be allowed on specified
14 property; providing construction; providing that
15 certain ordinances, regulations, resolutions, rules,
16 and policies adopted or enforced by counties,
17 municipalities, and special districts, respectively,
18 are void and unenforceable; amending s. 553.79, F.S.;
19 prohibiting a local enforcement agency from denying
20 the issuance of a certificate of occupancy to an owner
21 of residential or commercial structure based on
22 noncompliance with Florida-friendly landscaping
23 ordinances in certain circumstances; prohibiting a
24 local enforcement agency from denying the issuance of
25 a building permit for the alteration, modification, or
26 repair of a single-family residential structure in
27 certain circumstances; prohibiting a local enforcement
28 agency from requiring a building permit for the
29 construction of playground equipment, fences, or
30 landscape irrigation systems on certain parcels;
31 prohibiting a local enforcement agency from requiring
32 a building permit to perform certain work; creating s.
33 559.954, F.S.; defining the terms “local government”
34 and “mutual benefit corporation”; providing that the
35 regulation of mutual benefit corporations is preempted
36 to the state; prohibiting local governments from
37 enacting or enforcing certain ordinances, regulations,
38 resolutions, rules, charter provisions, or other
39 policies or from taking any action to license or
40 otherwise regulate mutual benefit corporations in a
41 specified manner; providing that certain ordinances,
42 regulations, resolutions, rules, charter provisions,
43 and policies are void and unenforceable; providing a
44 civil cause of action; waiving sovereign immunity in
45 accordance with specified laws; amending s. 559.955,
46 F.S.; revising the criteria for a business to be
47 considered a home-based business as it relates to
48 local government regulation of parking; providing an
49 effective date.
50
51 Be It Enacted by the Legislature of the State of Florida:
52
53 Section 1. Section 125.595, Florida Statutes, is created to
54 read:
55
125.595
Ordinances, regulations, resolutions, rules, and
56
policies relating to religious services and gatherings.—
57
(1)
The Legislature finds
that
:
58
(a)
The free exercise of religion is a fundamental right
59
guaranteed by the United States Constitution and the State
60
Constitution.
61
(b)
The Legislature enacted the Religious Freedom
62
Restoration Act of 1998 to protect a person’s free exercise of
63
religion from being substantially burdened by the state or
64
government, which includes a county, special district,
65
municipality, or any other subdivision of this state.
66
(c)
Religious services and gatherings, whether held in
67
traditional houses of worship, private residences, or commercial
68
establishments, are an essential expression of the free exercise
69
of religion.
70
(d)
Counties have, at times, enacted or enforced
71
ordinances, regulations, resolutions, rules, or other policies
72
that substantially burden a person’s exercise of religion by
73
restricting religious services and gatherings, parking, or
74
related services or activities.
75
(2)
It is therefore the intent of the Legislature to:
76
(a)
Preempt any ordinance, regulation, resolution, rule, or
77
other policy that substantially burdens the free exercise of
78
religion.
79
(b)
Ensure uniform statewide protection for the free
80
exercise of religion.
81
(3)(a)1.
All matters relating to the regulation of
82
religious services and gatherings are preempted to the state,
83
and a county may not substantially burden the free exercise of
84
religion by adopting or enforcing any ordinance, regulation,
85
resolution, rule, or other policy to prohibit or restrict a
86
person’s ability to attend religious services or gatherings in
87
areas zoned for residential or commercial use.
88
2.
Religious services and gatherings must be allowed on
89
property within any area zoned for residential or commercial
90
use, including, but not limited to, homes, community centers, or
91
businesses, notwithstanding any local zoning or land-use
92
restriction to the contrary.
93
(b)1.
A county may not substantially burden the free
94
exercise of religion by adopting or enforcing any ordinance,
95
regulation, resolution, rule, or other policy to prohibit or
96
restrict a person’s ability to temporarily park a motor vehicle
97
on a public right-of-way or a private driveway if such parking
98
is related to the attendance of religious services or
99
gatherings.
100
2.
Parking relating to the attendance of religious services
101
or gatherings must be allowed and consistent with public safety
102
and access requirements.
103
(4)
This section does not:
104
(a)
Relieve a person from complying with applicable county
105
building, fire, safety, or health standards.
106
(b)
Authorize any use or conduct that could create a public
107
nuisance.
108
(5)
Any ordinance, regulation, resolution, rule, or other
109
policy adopted or enforced by a county
which
conflicts with this
110
section is void and unenforceable.
111 Section 2. Section 166.0499, Florida Statutes, is created
112 to read:
113
166.0499
Ordinances, regulations, resolutions, rules, and
114
policies relating to religious services and gatherings.—
115
(1)
The Legislature finds
that
:
116
(a)
The free exercise of religion is a fundamental right
117
guaranteed by the United States Constitution and the State
118
Constitution.
119
(b)
The Legislature enacted the Religious Freedom
120
Restoration Act of 1998 to protect a person’s free exercise of
121
religion from being substantially burdened by the state or
122
government, which includes a county, special district,
123
municipality, or any other subdivision of this state.
124
(c)
Religious services and gatherings, whether held in
125
traditional houses of worship, private residences, or commercial
126
establishments, are an essential expression of the free exercise
127
of religion.
128
(d)
Municipalities have, at times, enacted or enforced
129
ordinances, regulations, resolutions, rules, or other policies
130
that substantially burden a person’s exercise of religion by
131
restricting religious services and gatherings, parking, or
132
related services or activities.
133
(2)
It is therefore the intent of the Legislature to:
134
(a)
Preempt any ordinance, regulation, resolution, rule, or
135
other policy that substantially burdens the free exercise of
136
religion.
137
(b)
Ensure uniform statewide protection for the free
138
exercise of religion.
139
(3)(a)1.
All matters relating to the regulation of
140
religious services and gatherings are preempted to the state,
141
and a municipality may not substantially burden the free
142
exercise of religion by adopting or enforcing any ordinance,
143
regulation, resolution, rule, or other policy to prohibit or
144
restrict a person’s ability to attend religious services or
145
gatherings in areas zoned for residential or commercial use.
146
2.
Religious services and gatherings must be allowed on
147
property within any area zoned for residential or commercial
148
use, including, but not limited to, homes, community centers, or
149
businesses, notwithstanding any local zoning or land-use
150
restriction to the contrary.
151
(b)1.
A municipality may not substantially burden the free
152
exercise of religion by adopting or enforcing any ordinance,
153
regulation, resolution, rule, or other policy to prohibit or
154
restrict a person’s ability to temporarily park a motor vehicle
155
on a public right-of-way or a private driveway if such parking
156
is related to the attendance of religious services or
157
gatherings.
158
2.
Parking relating to the attendance of religious services
159
or gatherings must be allowed and consistent with public safety
160
and access requirements.
161
(4)
This section does not:
162
(a)
Relieve a person from complying with applicable
163
municipal building, fire, safety, or health standards.
164
(b)
Authorize any use or conduct that could create a public
165
nuisance.
166
(5)
Any ordinance, regulation, resolution, rule, or other
167
policy adopted or enforced by a municipality
which
conflicts
168
with this section is void and unenforceable.
169 Section 3. Section 189.09, Florida Statutes, is created to
170 read:
171
189.09
Ordinances, regulations, resolutions, rules, and
172
policies relating to religious services and gatherings.—
173
(1)
The Legislature finds
that
:
174
(a)
The free exercise of religion is a fundamental right
175
guaranteed by the United States Constitution and the State
176
Constitution.
177
(b)
The Legislature enacted the Religious Freedom
178
Restoration Act of 1998 to protect a person’s free exercise of
179
religion from being substantially burdened by the state or
180
government, which includes a county, special district,
181
municipality, or any other subdivision of this state.
182
(c)
Religious services and gatherings, whether held in
183
traditional houses of worship, private residences, or commercial
184
establishments, are an essential expression of the free exercise
185
of religion.
186
(d)
Special districts have, at times, enacted or enforced
187
ordinances, regulations, resolutions, rules, or other policies
188
that substantially burden a person’s exercise of religion by
189
restricting religious services and gatherings, parking, or
190
related services or activities.
191
(2)
It is therefore the intent of the Legislature to:
192
(a)
Preempt any ordinance, regulation, resolution, rule, or
193
other policy that substantially burdens the free exercise of
194
religion.
195
(b)
Ensure uniform statewide protection for the free
196
exercise of religion.
197
(3)(a)1.
All matters relating to the regulation of
198
religious services and gatherings are preempted to the state,
199
and a special district may not substantially burden the free
200
exercise of religion by adopting or enforcing any ordinance,
201
regulation, resolution, rule, or other policy to prohibit or
202
restrict a person’s ability to attend religious services or
203
gatherings in areas zoned for residential or commercial use.
204
2.
Religious services and gatherings must be allowed on
205
property within any area zoned for residential or commercial
206
use, including, but not limited to, homes, community centers, or
207
businesses, notwithstanding any local zoning or land-use
208
restriction to the contrary.
209
(b)1.
A special district may not substantially burden the
210
free exercise of religion by adopting or enforcing any
211
ordinance, regulation, resolution, rule, or other policy to
212
prohibit or restrict a person’s ability to temporarily park a
213
motor vehicle on a public right-of-way or a private driveway if
214
such parking is related to the attendance of religious services
215
or gatherings.
216
2.
Parking relating to the attendance of religious services
217
or gatherings must be allowed and consistent with public safety
218
and access requirements.
219
(4)
This section does not:
220
(a)
Relieve a person from complying with applicable local
221
building, fire, safety, or health standards.
222
(b)
Authorize any use or conduct that could create a public
223
nuisance.
224
(5)
Any ordinance, regulation, resolution, rule, or other
225
policy adopted or enforced by a special district
which
conflicts
226
with this section is void and unenforceable.
227 Section 4. Subsections (26), (27), (28), and (29) are added
228 to section 553.79, Florida Statutes, to read:
229 553.79 Permits; applications; issuance; inspections.—
230
(26)
A local enforcement agency may not deny the issuance
231
of a certificate of occupancy to an owner of a residential or
232
commercial structure based on noncompliance with a Florida
233
friendly landscaping ordinance adopted to implement s. 373.185
234
if the owner was issued a building permit for such structure
235
within 1 year after the declaration of a state of emergency for
236
a natural disaster for the county in which the structure is
237
located.
238
(27)
A local enforcement agency may not deny the issuance
239
of a building permit for the alteration, modification, or repair
240
of a single-family residential structure if such alteration,
241
modification, or repair:
242
(a)
Is completed within 1 year after the declaration of a
243
state of emergency for a natural disaster for the county in
244
which the structure is located;
245
(b)
Is necessitated by damage to the structure caused by
246
the natural disaster;
247
(c)
Has a total cost that does not exceed more than 50
248
percent of the value of the structure;
249
(d)
Does not affect more than 50 percent of the structure;
250
and
251
(e)
Does not alter the footprint of the structure.
252
(28)
A local enforcement agency may not require a building
253
permit for the construction of playground equipment, fences, or
254
landscape irrigation systems on a parcel containing a single
255
family residential dwelling. However, a local government may
256
require a building permit for any electrical work performed as
257
part of the construction of playground equipment, fences, or
258
landscape irrigation systems.
259
(29)
A local enforcement agency may not require a building
260
permit to perform any work that is valued at less than $7,500 on
261
a parcel containing a single-family residential dwelling. This
262
subsection does not apply to a larger or major project in which
263
a division of the project is made in amounts less than $7,500. A
264
local government may require a building permit for any
265
electrical, plumbing, or structural work performed on a parcel
266
containing a single-family residential dwelling regardless of
267
the value of the work. For purposes of this subsection,
268
structural work does not include the repair or replacement of
269
exterior doors or windows.
270 Section 5. Section 559.954, Florida Statutes, is created to
271 read:
272
559.954
Mutual benefit corporations; state preemption;
273
local government restrictions.—
274
(1)
As used in this section, the term:
275
(a)
“Local government” has the same meaning as s.
276
106.113(1).
277
(b)
“Mutual benefit corporation” has the same meaning as
278
described in s. 617.0505(1). The term includes private clubs
279
such as a golf club, a marina club, a country club, a yacht
280
club, a fraternal club, or any other similar entity that:
281
1.
Maintains a defined membership structure.
282
2.
Operates facilities or property for the use and benefit
283
of its members.
284
3.
Is not open to the general public, except as permitted
285
by the club.
286
(2)
The regulation of a mutual benefit corporation is
287
preempted to the state.
288
(3)
A local government may not enact or enforce any
289
ordinance, regulation, resolution, rule, charter provision, or
290
other policy or take any action to license or otherwise regulate
291
a mutual benefit corporation in a manner that is different from
292
other businesses in a local government’s jurisdiction,
293
including, but not limited to:
294
(a)
Restricting, prohibiting, or regulating the ability of
295
a mutual benefit corporation to host or allow events, rentals,
296
or activities involving nonmembers;
297
(b)
Restricting or regulating the ability of a mutual
298
benefit corporation to determine who may access its property,
299
including, but not limited to, guests, invitees, or event
300
participants;
301
(c)
Interfering with the internal governance, bylaws,
302
membership policies, or contractual agreements of a mutual
303
benefit corporation; or
304
(d)
Imposing operational restrictions on events hosted by a
305
mutual benefit corporation in a manner that is different from
306
other businesses in a local government’s jurisdiction.
307
(4)
Any ordinance, regulation, resolution, rule, charter
308
provision, or other policy enacted or enforced by a local
309
government which conflicts with this section is void and
310
unenforceable.
311
(5)
Any person aggrieved or adversely affected by the
312
enactment or enforcement of an ordinance, regulation,
313
resolution, rule, charter provision, or other policy by a local
314
government in violation of this section may bring a civil cause
315
of action for:
316
(a)
Declaratory or injunctive relief.
317
(b)
Recover reasonable attorney fees and costs if the court
318
finds the local government violated this section.
319
(6)
In accordance with s. 13, Art. X of the State
320
Constitution, the state, for its agencies or political
321
subdivisions, waives sovereign immunity for causes of action
322
based on the application of any ordinance, regulation,
323
resolution, rule, charter provision, or other policy subject to
324
this section, but only to the extent specified in subsection
325
(5).
326 Section 6. Paragraph (b) of subsection (3) of section
327 559.955, Florida Statutes, is amended to read:
328 559.955 Home-based businesses; local government
329 restrictions.—
330 (3) For purposes of this section, a business is considered
331 a home-based business if it operates, in whole or in part, from
332 a residential property and meets the following criteria:
333 (b) Parking related to the business activities of the home
334 based business complies with local zoning requirements and the
335 need for parking generated by the business may not be greater in
336 volume than would normally be expected at a similar residence
337 where no business is conducted. Local governments may regulate
338 the use of vehicles or trailers operated or parked at the
339 business or on a street right-of-way, provided that such
340 regulations are not more stringent than those for a residence
341 where no business is conducted. Vehicles and trailers used in
342 connection with the business must be parked in legal parking
343 spaces that are not located within the right-of-way, on or over
344 a sidewalk, or on any unimproved surfaces at the residence.
345 Local governments may regulate the parking or storage of heavy
346 equipment at the business which is visible from the street or
347 neighboring property.
However, local governments may not
348
regulate the parking of vehicles or trucks on land zoned as
349
residential if the parcel size is greater than 2 acres, and may
350
not regulate the parking of trailers or heavy equipment on land
351
zoned as residential if the parcel size is greater than 5 acres.
352 For purposes of this paragraph, the term “heavy equipment” means
353 commercial, industrial, or agricultural vehicles, equipment, or
354 machinery.
355 Section 7. This act shall take effect upon becoming a law.