Florida SB 1444: Preemption to the State

Bill Text

1444 
Preemption to the State 
2026-01-08T08:07:53Z 
Providing for preemption of all matters relating to the regulation of religious services and gatherings; prohibiting counties, municipalities, and special districts, respectively, from substantially burdening the free exercise of religion by adopting or enforcing certain ordinances, regulations, resolutions, rules, or other policies; prohibiting a local enforcement agency from denying the issuance of a certificate of occupancy to an owner of residential or commercial structure based on noncompliance with Florida-friendly landscaping ordinances in certain circumstances; waiving sovereign immunity in accordance with specified laws, etc. 
Original Filed Version 
2026 
S 
GB 
General Bill 
__ 

 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 r