Newly Created 489.1132, Florida Statutes, Creates New Regulations for Cranes and similar Equipment During Hurricanes

In response to recent natural disasters impacting Florida, on June 30, 2025, Governor DeSantis signed SB 180 into law. While the bill alters multiple statutes, relevant to this blog, it creates 489.1132, Florida Statutes, entitled “Regulation of hoisting equipment used in construction, demolition, or excavation work during a hurricane.”

Summary of the New Statute

While the full text of the statute is below, at bottom, the statute creates responsibilities and obligations for general contractors, prime contractors, or construction managers with the overall responsibility for a construction project. The statute applies to and specifically defines hoisting equipment, mobile cranes, and tower cranes. The statute requires that a hurricane preparedness plan exist for cranes and that such plan must be available for inspection. Further, cranes must be secured in compliance with the statute no later than 24 hours before the impacts of the hurricane are anticipated to begin. Intentional non-compliance with the new statute subjects the relevant licenseholder to discipline under Chapter 489, Florida Statutes.

Text of the Statute

489.1132 Regulation of hoisting equipment used in construction, demolition, or excavation work during a hurricane.—
(1) As used in this section, the term:
(a) “Controlling entity” means the general contractor, prime contractor, or construction manager with overall responsibility for a construction project.
(b) “Hoisting equipment” means power-operated cranes, derricks, and hoists used in construction, demolition, or excavation work that are regulated by the Occupational Safety and Health Administration.
(c) “Mobile crane” means a type of hoisting equipment incorporating a cable-suspended latticed boom or hydraulic telescoping boom designed to be moved between operating locations by transport over a roadway. The term does not include a mobile crane with a boom length of less than 25 feet or a maximum rated load capacity of less than 15,000 pounds.
(d) “Tower crane” means a type of hoisting equipment using a vertical mast or tower to support a working boom in an elevated position if the working boom can rotate to move loads laterally either by rotating at the top of the mast or tower or by the rotation of the mast or tower itself, whether the mast or tower base is fixed in one location or ballasted and moveable between locations.
(2)(a) When a tower crane or mobile crane is located on a worksite, a hurricane preparedness plan for the crane must be available for inspection at the worksite.
(b) In preparation for a hurricane, the controlling entity must ensure that hoisting equipment is secured in the following manner no later than 24 hours before the impacts of the hurricane are anticipated to begin:
1. All hoisting equipment must be secured in compliance with manufacturer recommendations relating to hurricane and high-wind events, including any recommendations relating to the placement, use, and removal of advertising banners and rigging.
2. Tower crane turntables must be lubricated before the event.
3. Fixed booms on mobile cranes must be laid down whenever feasible.
4. Booms on hydraulic cranes must be retracted and stored.
5. The counterweights of any hoists must be locked below the top tie-in.
6. Tower cranes must be set in the weathervane position.
7. All rigging must be removed from hoist blocks.
8. All power at the base of tower cranes must be disconnected.
(3) A person licensed under this part who intentionally violates this section is subject to discipline under ss. 455.227 and 489.129.
(4) The Florida Building Commission shall establish best practices for the utilization of tower cranes and hoisting equipment on construction job sites during hurricane season and report its findings to the Legislature by December 31, 2026.

The new statute takes effect on June 30, 2025

Jason Lambert is a Florida Board Certified Construction Attorney and Partner in the Construction Industry Practice Group at Hill Ward Henderson, in Tampa, Florida. He is also the founder and chief contributor to the Hammer & Gavel construction law blog. Jason focuses his practice on representing contractors, subcontractors, and materials suppliers throughout the state of Florida. Before law school, Jason spent a decade working in the construction industry, primarily as a project manager and operations director for both new construction and remodeling. He can be reached at jason.lambert@hwhlaw.com or 813-227-8495.

Other Recent Posts