Text of FL S 1444 (2026)

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.