Text of FL H 1227 (2026)
Preemption to the State
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As introduced
24,293 characters
HB 1227
2026
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A bill to be entitled
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An act relating to preemption to the state; creating
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ss. 125.595, 166.0499, and 189.09, F.S.; providing
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legislative findings and intent; providing for
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preemption of all matters relating to the regulation
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of religious services and gatherings; prohibiting
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counties, municipalities, and special districts,
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respectively, from substantially burdening the free
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exercise of religion by adopting or enforcing certain
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ordinances, regulations, resolutions, rules, or other
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policies; requiring that religious services and
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gatherings, and parking relating to the attendance of
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such services and gatherings, be allowed on specified
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property; providing construction; providing that
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certain ordinances, regulations, resolutions, rules,
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and policies adopted or enforced by counties,
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municipalities, and special districts are void and
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unenforceable; amending s. 553.79, F.S.; prohibiting a
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local enforcement agency from denying the issuance of
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a certificate of occupancy to an owner of residential
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or commercial property based on noncompliance with
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Florida-friendly landscaping ordinances in certain
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circumstances; prohibiting a local enforcement agency
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from denying the issuance of a building permit for the
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alteration, modification, or repair of a single-family
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residential structure in certain circumstances;
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prohibiting a local enforcement agency from requiring
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a building permit for the construction of playground
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equipment or a fence on certain property; creating s.
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559.954, F.S.; defining the terms "local government"
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and "mutual benefit corporation"; providing the
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regulation of mutual benefit corporations is preempted
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to the state; prohibiting local governments from
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adopting or enforcing certain ordinances, regulations,
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resolutions, rules, charter provisions, or other
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policies or from taking any action to license or
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otherwise regulate mutual benefit corporations in a
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specified manner; providing certain ordinances,
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regulations, resolutions, rules, charter provisions,
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or other policies are void and unenforceable;
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providing a civil cause of action; waiving sovereign
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immunity in accordance with specified laws; amending
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s. 559.955, F.S.; revising the criteria for a business
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to be considered a home-based business as it relates
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to local government regulation of parking; providing
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an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 125.595, Florida Statutes, is created
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to read:
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125.595 Ordinances, regulations, resolutions, rules, and
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policies relating to religious services and gatherings.—
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(1) The Legislature finds:
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(a) The free exercise of religion is a fundamental right
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guaranteed by the United States Constitution and the State
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Constitution.
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(b) The Legislature enacted the Religious Freedom
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Restoration Act of 1998 to protect a person's free exercise of
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religion from being substantially burdened by the state or
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government, which includes a county, special district,
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municipality, or any other subdivision of this state.
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(c) Religious services and gatherings, whether held in
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traditional houses of worship, private residences, or commercial
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establishments, are an essential expression of the free exercise
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of religion.
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(d) Counties have, at times, enacted or enforced
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ordinances, regulations, resolutions, rules, or other policies
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that substantially burden a person's exercise of religion by
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restricting religious services and gatherings, parking, or
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related services or activities.
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(2) It is therefore the intent of the Legislature to:
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(a) Preempt any ordinance, regulation, resolution, rule,
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or other policy that substantially burdens the free exercise of
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religion.
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(b) Ensure uniform statewide protection for the free
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exercise of religion.
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(3)(a)1. All matters relating to the regulation of
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religious services and gatherings are preempted to the state,
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and a county may not substantially burden the free exercise of
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religion by adopting or enforcing any ordinance, regulation,
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resolution, rule, or other policy to prohibit or restrict a
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person's ability to attend religious services or gatherings in
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areas zoned for residential or commercial use.
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2. Religious services and gatherings must be allowed on
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property within any area zoned for residential or commercial
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use, including, but not limited to, homes, community centers, or
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businesses, notwithstanding any local zoning or land-use
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restriction to the contrary.
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(b)1. A county may not substantially burden the free
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exercise of religion by adopting or enforcing any ordinance,
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regulation, resolution, rule, or other policy to prohibit or
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restrict a person's ability to temporarily park a motor vehicle
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on a public right-of-way or a private driveway if such parking
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is related to the attendance of religious services or
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gatherings.
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2. Parking relating to the attendance of religious
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services or gatherings must be allowed and consistent with
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public safety and access requirements.
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(4) This section does not:
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(a) Relieve a person from complying with applicable county
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building, fire, safety, or health standards.
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(b) Authorize any use or conduct that could create a
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public nuisance.
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(5) Any ordinance, regulation, resolution, rule, or other
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policy adopted or enforced by a county that conflicts with this
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section is void and unenforceable.
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Section 2. Section 166.0499, Florida Statutes, is created
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to read:
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166.0499 Ordinances, regulations, resolutions, rules, and
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policies relating to religious services and gatherings.—
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(1) The Legislature finds:
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(a) The free exercise of religion is a fundamental right
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guaranteed by the United States Constitution and the State
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Constitution.
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(b) The Legislature enacted the Religious Freedom
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Restoration Act of 1998 to protect a person's free exercise of
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religion from being substantially burdened by the state or
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government, which includes a county, special district,
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municipality, or any other subdivision of this state.
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(c) Religious services and gatherings, whether held in
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traditional houses of worship, private residences, or commercial
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establishments, are an essential expression of the free exercise
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of religion.
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(d) Municipalities have, at times, enacted or enforced
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ordinances, regulations, resolutions, rules, or other policies
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that substantially burden a person's exercise of religion by
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restricting religious services and gatherings, parking, or
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related services or activities.
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(2) It is therefore the intent of the Legislature to:
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(a) Preempt any ordinance, regulation, resolution, rule,
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or other policy that substantially burdens the free exercise of
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religion.
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(b) Ensure uniform statewide protection for the free
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exercise of religion.
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(3)(a)1. All matters relating to the regulation of
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religious services and gatherings are preempted to the state,
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and a municipality may not substantially burden the free
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exercise of religion by adopting or enforcing any ordinance,
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regulation, resolution, rule, or other policy to prohibit or
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restrict a person's ability to attend religious services or
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gatherings in areas zoned for residential or commercial use.
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2. Religious services and gatherings must be allowed on
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property within any area zoned for residential or commercial
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use, including, but not limited to, homes, community centers, or
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businesses, notwithstanding any local zoning or land-use
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restriction to the contrary.
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(b)1. A municipality may not substantially burden the free
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exercise of religion by adopting or enforcing any ordinance,
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regulation, resolution, rule, or other policy to prohibit or
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restrict a person's ability to temporarily park a motor vehicle
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on a public right-of-way or a private driveway if such parking
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is related to the attendance of religious services or
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gatherings.
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2. Parking relating to the attendance of religious
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services or gatherings must be allowed and consistent with
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public safety and access requirements.
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(4) This section does not:
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(a) Relieve a person from complying with applicable
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municipal building, fire, safety, or health standards.
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(b) Authorize any use or conduct that could create a
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public nuisance.
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(5) Any ordinance, regulation, resolution, rule, or other
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policy adopted or enforced by a municipality that conflicts with
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this section is void and unenforceable.
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Section 3. Section 189.09, Florida Statutes, is created to
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read:
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189.09 Ordinances, regulations, resolutions, rules, and
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policies relating to religious services and gatherings.—
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(1) The Legislature finds:
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(a) The free exercise of religion is a fundamental right
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guaranteed by the United States Constitution and the State
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Constitution.
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(b) The Legislature enacted the Religious Freedom
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Restoration Act of 1998 to protect a person's free exercise of
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religion from being substantially burdened by the state or
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government, which includes a county, special district,
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municipality, or any other subdivision of this state.
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(c) Religious services and gatherings, whether held in
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traditional houses of worship, private residences, or commercial
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establishments, are an essential expression of the free exercise
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of religion.
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(d) Special districts have, at times, enacted or enforced
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ordinances, regulations, resolutions, rules, or other policies
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that substantially burden a person's exercise of religion by
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restricting religious services and gatherings, parking, or
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related services or activities.
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(2) It is therefore the intent of the Legislature to:
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(a) Preempt any ordinance, regulation, resolution, rule,
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or other policy that substantially burdens the free exercise of
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religion.
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(b) Ensure uniform statewide protection for the free
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exercise of religion.
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(3)(a)1. All matters relating to the regulation of
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religious services and gatherings are preempted to the state,
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and a special district may not substantially burden the free
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exercise of religion by adopting or enforcing any ordinance,
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regulation, resolution, rule, or other policy to prohibit or
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restrict a person's ability to attend religious services or
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gatherings in areas zoned for residential or commercial use.
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2. Religious services and gatherings must be allowed on
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property within any area zoned for residential or commercial
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use, including, but not limited to, homes, community centers, or
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businesses, notwithstanding any local zoning or land-use
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restriction to the contrary.
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(b)1. A special district may not substantially burden the
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free exercise of religion by adopting or enforcing any
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ordinance, regulation, resolution, rule, or other policy to
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prohibit or restrict a person's ability to temporarily park a
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motor vehicle on a public right-of-way or a private driveway if
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such parking is related to the attendance of religious services
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or gatherings.
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2. Parking relating to the attendance of religious
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services or gatherings must be allowed and consistent with
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public safety and access requirements.
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(4) This section does not:
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(a) Relieve a person from complying with applicable local
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building, fire, safety, or health standards.
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(b) Authorize any use or conduct that could create a
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public nuisance.
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(5) Any ordinance, regulation, resolution, rule, or other
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policy adopted or enforced by a special district that conflicts
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with this section is void and unenforceable.
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Section 4. Subsections (26), (27), (28), and (29) are
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added to section 553.79, Florida Statutes, to read:
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553.79 Permits; applications; issuance; inspections.—
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(26) A local enforcement agency may not deny the issuance
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of a certificate of occupancy to an owner of a residential or
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commercial structure based on noncompliance with a Florida-
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friendly landscaping ordinance adopted to implement s. 373.185
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if the owner was issued a building permit for such structure
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within 1 year after the declaration of a state of emergency for
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a natural disaster for the county in which the structure is
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located.
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(27) A local enforcement agency may not deny the issuance
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of a building permit for the alteration, modification, or repair
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of a single-family residential structure if such alteration,
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modification, or repair:
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(a) Is completed within 1 year after the declaration of a
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state of emergency for a natural disaster for the county in
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which the structure is located;
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(b) Is necessitated by damage to the structure caused by
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the natural disaster;
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(c) Has a total cost that does not exceed more than 50
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percent of the value of the structure;
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(d) Does not affect more than 50 percent of the structure;
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and
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(e) Does not alter the footprint of the structure.
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(28) A local enforcement agency may not require a building
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permit for the construction of playground equipment, fences, or
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landscape irrigation systems on a parcel containing a single-
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family residential dwelling. However, a local government may
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require a building permit for any electrical work performed as
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part of the construction of playground equipment, fences, or
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landscape irrigation systems.
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(29) A local enforcement agency may not require a building
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permit to perform any work that is valued at less than $7,500 on
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a parcel containing a single-family residential dwelling. This
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subsection does not apply to a larger or major project in which
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a division of the project is made in amounts less than $7,500. A
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local government may require a building permit for any
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electrical, plumbing, or structural work performed on a parcel
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containing a single-family residential dwelling regardless of
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the value of the work. For purposes of this subsection
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structural work does not include the repair or replacement of
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exterior doors or windows.
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Section 5. Section 559.954, Florida Statutes, is created
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to read:
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559.954 Mutual benefit corporations; state preemption;
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local government restrictions.—
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(1) As used in this section, the term:
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(a) "Local government" has the same meaning as s.
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106.113(1).
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(b) "Mutual benefit corporation" has the same meaning as
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described in s. 617.0505(1). The term includes private clubs
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such as a golf club, a marina club, a country club, a yacht
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club, a fraternal club, or any other similar entity that:
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1. Maintains a defined membership structure.
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2. Operates facilities or property for the use and benefit
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of its members.
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3. Is not open to the general public, except as permitted
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by the club.
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(2) The regulation of a mutual benefit corporation is
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preempted to the state.
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(3) A local government may not enact or enforce any
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ordinance, regulation, resolution, rule, charter provision, or
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policy or take any action to license or otherwise regulate a
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mutual benefit corporation in a manner that is different from
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other businesses in a local government's jurisdiction,
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including, but not limited to:
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(a) Restricting, prohibiting, or regulating the ability of
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a mutual benefit corporation to host or allow events, rentals,
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or activities involving nonmembers;
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(b) Restricting or regulating the ability of a mutual
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benefit corporation to determine who may access its property,
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including, but not limited to, guests, invitees, or event
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participants;
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(c) Interfering with the internal governance, bylaws,
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membership policies, or contractual agreements of a mutual
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benefit corporation; or
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(d) Imposing operational restrictions on events hosted by
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a mutual benefit corporation in a manner that is different from
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other businesses in a local government's jurisdiction.
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(4) Any ordinance, regulation, resolution, rule, charter
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provision, or other policy enacted or enforced by a local
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government that conflicts with this section is void and
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unenforceable.
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(5) Any person aggrieved or adversely affected by the
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enactment or enforcement of an ordinance, regulation,
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resolution, rule, charter provision, or other policy by a local
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government in violation of this section may bring a civil cause
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of action for:
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(a) Declaratory or injunctive relief.
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(b) Recover reasonable attorney fees and costs if the
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court finds the local government violated this section.
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(6) In accordance with s. 13, Art. X of the State
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Constitution, the state, for its agencies or political
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subdivisions, waives sovereign immunity for causes of action
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based on the application of any ordinance, regulation,
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resolution, rule, charter provision, or policy subject to this
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section, but only to the extent specified in subsection (5).
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Section 6. Paragraph (b) of subsection (3) of section
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559.955, Florida Statutes, is amended to read:
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559.955 Home-based businesses; local government
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restrictions.—
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(3) For purposes of this section, a business is considered
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a home-based business if it operates, in whole or in part, from
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a residential property and meets the following criteria:
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(b) Parking related to the business activities of the
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home-based business complies with local zoning requirements and
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the need for parking generated by the business may not be
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greater in volume than would normally be expected at a similar
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residence where no business is conducted. Local governments may
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regulate the use of vehicles or trailers operated or parked at
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the business or on a street right-of-way, provided that such
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regulations are not more stringent than those for a residence
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where no business is conducted. Vehicles and trailers used in
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connection with the business must be parked in legal parking
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spaces that are not located within the right-of-way, on or over
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a sidewalk, or on any unimproved surfaces at the residence.
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Local governments may regulate the parking or storage of heavy
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equipment at the business which is visible from the street or
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neighboring property. However, local governments may not
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regulate the parking of vehicles or trucks on land zoned as
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residential if the parcel size is greater than 2 acres, and may
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not regulate the parking of trailers or heavy equipment on land
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zoned as residential if the parcel size is greater than 5 acres.
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For purposes of this paragraph, the term "heavy equipment" means
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commercial, industrial, or agricultural vehicles, equipment, or
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machinery.
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Section 7. This act shall take effect upon becoming a law.
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