Florida Senate - 2026 SB 1020
By Senator Truenow
13-01571-26 20261020__
1 A bill to be entitled
2 An act relating to regulation of chickees; creating
3 ss. 125.573 and 166.0487, F.S.; defining the term
4 “chickee”; prohibiting counties and municipalities,
5 respectively, from enacting ordinances, regulations,
6 or policies that prevent construction of chickees
7 under certain circumstances or that are more
8 restrictive than federal floodplain management
9 regulations; amending s. 553.73, F.S.; revising the
10 definition of the term “chickee”; providing that later
11 incorporation of certain features into an existing
12 chickee requires a permit; providing criminal
13 penalties for persons who are not members of specific
14 tribes and who construct chickees in an attempt to
15 circumvent the Florida Building Code; amending s.
16 633.202, F.S.; defining the term “chickee”; exempting
17 certain chickees from the Florida Fire Prevention
18 Code; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 125.573, Florida Statutes, is created to
23 read:
24 125.573 Ordinances, regulations, and policies concerning
25 chickees.—
26 (1) As used in this section, the term “chickee” has the
27 same meaning as in s. 553.73(10)(i).
28 (2) A county may not enact an ordinance, a regulation, or a
29 policy:
30 (a) That prevents or has the effect of preventing a chickee
31 from being constructed in a side yard, provided the chickee is
32 at least 10 feet from any property line, or near another
33 structure, provided the chickee is at least 10 feet from the
34 other structure; or
35 (b) That concerns chickees and is more restrictive than
36 federal floodplain management regulations.
37 Section 2. Section 166.0487, Florida Statutes, is created
38 to read:
39 166.0487 Ordinances, regulations, and policies concerning
40 chickees.—
41 (1) As used in this section, the term “chickee” has the
42 same meaning as in s. 553.73(10)(i).
43 (2) A municipality may not enact an ordinance, a
44 regulation, or a policy:
45 (a) That prevents or has the effect of preventing a chickee
46 from being constructed in a side yard, provided the chickee is
47 at least 10 feet from any property line, or near another
48 structure, provided the chickee is at least 10 feet from the
49 other structure; or
50 (b) That concerns chickees and is more restrictive than
51 federal floodplain management regulations.
52 Section 3. Paragraph (i) of subsection (10) of section
53 553.73, Florida Statutes, is amended to read:
54 553.73 Florida Building Code.—
55 (10) The following buildings, structures, and facilities
56 are exempt from the Florida Building Code as provided by law,
57 and any further exemptions shall be as determined by the
58 Legislature and provided by law:
59 (i) Chickees constructed by the Miccosukee Tribe of Indians
60 of Florida or the Seminole Tribe of Florida.
61 1. As used in this paragraph, the term “chickee” means an
62 open-sided wooden hut that has a thatched roof of palm or
63 palmetto or other traditional materials, and that does not
64 incorporate any electrical, plumbing, or other nonwood features.
65 A chickee may include a wooden deck and may incorporate nonwood
66 fasteners, including, but not limited to, nails, screws, bolts,
67 nuts, washers, staples, and hurricane straps.
68 2. The later incorporation of any electrical, plumbing, or
69 other nonwood feature into an existing chickee requires a permit
70 but may not be construed to affect the exempt status of or
71 require a permit for the chickee.
72 3. A person who is not a member of the Miccosukee Tribe of
73 Indians of Florida or the Seminole Tribe of Florida and who
74 constructs a chickee in an attempt to circumvent the Florida
75 Building Code commits a misdemeanor of the first degree,
76 punishable as provided in s. 775.082 or s. 775.083.
77
78 With the exception of paragraphs (a), (b), (c), and (f), in
79 order to preserve the health, safety, and welfare of the public,
80 the Florida Building Commission may, by rule adopted pursuant to
81 chapter 120, provide for exceptions to the broad categories of
82 buildings exempted in this section, including exceptions for
83 application of specific sections of the code or standards
84 adopted therein. The Department of Agriculture and Consumer
85 Services shall have exclusive authority to adopt by rule,
86 pursuant to chapter 120, exceptions to nonresidential farm
87 buildings exempted in paragraph (c) when reasonably necessary to
88 preserve public health, safety, and welfare. The exceptions must
89 be based upon specific criteria, such as under-roof floor area,
90 aggregate electrical service capacity, HVAC system capacity, or
91 other building requirements. Further, the commission may
92 recommend to the Legislature additional categories of buildings,
93 structures, or facilities which should be exempted from the
94 Florida Building Code, to be provided by law. The Florida
95 Building Code does not apply to temporary housing provided by
96 the Department of Corrections to any prisoner in the state
97 correctional system.
98 Section 4. Subsection (22) is added to section 633.202,
99 Florida Statutes, to read:
100 633.202 Florida Fire Prevention Code.—
101 (22)(a) As used in this subsection, the term “chickee” has
102 the same meaning as in s. 553.73(10)(i).
103 (b) Notwithstanding any other provision of law, a chickee
104 that is at least 20 feet from any other structure subject to the
105 Florida Building Code or that otherwise includes fireproofing
106 measures approved by a certified fire protection system
107 contractor is exempt from the Florida Fire Prevention Code.
108 Section 5. This act shall take effect July 1, 2026.