Read the full stored bill text
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 c
oncern
s
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 c
oncern
s
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 c
hickee 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
c
hickee in an attempt to
circumvent
the Florida
75
Building Code
commits
a misdemeanor
of the first degree,
76
punishable as provided in
s. 775.08
2 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 i
ncludes
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.