Florida House Bill 1281 (2022) preempts municipalities from regulating fuel sources of equipment, blocking any Miami gas leaf-blower ban. Miami may still set noise time-of-day limits but cannot prohibit gas-powered units citywide.
Florida Statute 366.94, expanded by HB 1281 in 2022, preempts local governments from restricting energy sources used by appliances, vehicles, and outdoor equipment. This bars Miami from copying the Washington DC or Berkeley gas leaf-blower bans. Miami Code Chapter 36 still regulates noise levels and operating hours, so blowers running before 7 a.m. or after 10 p.m. remain prohibited regardless of fuel. Landscapers must also comply with Miami-Dade County construction-noise rules during permitted work. Some downtown Special Areas under Miami 21 zoning enforce stricter daytime noise caps, but no fuel-type ban is permissible without state-law change.
Operating a leaf blower outside lawful hours under Miami Code Sec. 36-6 brings fines starting around $250 for first offense, escalating with repeat citations. No ticket issues for fuel type alone, only noise or hours.
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