TALHASSEE — New regulations could soon be needed for construction managers during the storm after the winds from Hurricane Milton hit a portion of the crane into an office building in downtown St. Petersburg.
Last week, lawmakers passed a bill with almost indifferent attention requiring all hoisting equipment for construction projects to be secured within 24 hours of the hurricane’s impact.
The move comes after a Tampa Bay Times investigation last year revealed a major gap in monitoring heavy machinery such as cranes. More than a decade ago, Florida lawmakers passed laws that prevented local governments from writing crane regulations, including measures relating to “hurricane preparation and public safety.”
Regarding the safety of hurricane cranes, “there were no requirements for crane operators to do anything related to hurricane preparation,” said Sen. Nick Diceglie of R-Indian Rocks Beach.
He and R-Sarasota MP Fiona McFarland defended SB 180. The bill was passed on the last day of the regular legislative meeting.
The law introduces laws that prevent local governments from establishing their own crane regulations. Instead, they will create a new statewide requirement for crane safety.
This includes retracting the hydraulic crane boom and setting the tower crane in a weathered position, ensuring that all power at the base of the crane is cut off before the storm.
Those who intentionally violate the law may be subject to administrative discipline, such as suspending their business license.
In the workplace, there is also a need for hurricane preparation plans for cranes that can be used for inspections.
The bill also requires the Florida Building Committee to compile a report on best practices for using cranes during hurricane season by the end of 2026.
The tower crane section, which collapsed from a 400 Central home in October, shattered the First Avenue South building that housed the Tampa Bay Times, law firms and other businesses. The building still has a large hole.
Gov. Ron Desantis has not signed the bill yet. Shortly after the St. Petersburg crane fell, DeSantis held a press conference near the wreckage and said, “Do we have to regulate everything?”
Diceglie said it is important to balance the crane language as some regulations are the responsibility of the U.S. Occupational Safety and Health Administration.
In 2008, a group of contractors sued to challenge Miami-Dade local ordinances regulating cranes, including regulations on hurricane preparations.
The federal judge sided with contractors who argued that the ordinance was inappropriate because the regulations were in the hands of OSHA.
However, the court has made it clear that OSHA does not regulate storm requirements, said Carol Bowen, the leading lobbyist for Florida’s associated builders and contractors who were involved in the lawsuit.
But years after that decision, state lawmakers passed a bill that would ban local governments from creating their own safety rules for cranes, including hurricanes.
This year’s two St. Petersburg Democrats have tried to remove that preemptive language, but their ideas have little traction.
Rep. Lindsay Cross, D-ST. Petersburg said he knew that removing the local preemption would not be popular with the construction industry. But she said, “Sometimes you put something there and use it to start a conversation.”
Cross said that she will work with staff at McFarland on the final bill and that the language will “get closer to where we need it.”
Related Florida builders and contractors opposed removing the preemptive goal, Bowen said, as they wanted a uniform crane standard across the state.
However, she said the organization “approved 100%” on the final crane requirement. She said she thinks it’s a great addition to the law.
David Thompson, the director of government affairs in St. Petersburg, told city council members Friday that the language of the bill is “an important step towards making our community safer,” and told the city will continue to seek “a stronger language” in the law.
Tampa Bay Times reporter Colleen Wright contributed to this report.
