THE BILL ITSELF
SB 1020
Regulation of Chickees
Florida Senate - 2026 SB 1020 By Senator Truenow 13-01571-26 20261020__
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A bill to be entitled
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An act relating to regulation of chickees; creating
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ss. 125.573 and 166.0487, F.S.; defining the term
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“chickee”; prohibiting counties and municipalities,
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respectively, from enacting ordinances, regulations,
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or policies that prevent construction of chickees
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under certain circumstances or that are more
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restrictive than federal floodplain management
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regulations; amending s. 553.73, F.S.; revising the
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definition of the term “chickee”; providing that later
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incorporation of certain features into an existing
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chickee requires a permit; providing criminal
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penalties for persons who are not members of specific
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tribes and who construct chickees in an attempt to
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circumvent the Florida Building Code; amending s.
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633.202, F.S.; defining the term “chickee”; exempting
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certain chickees from the Florida Fire Prevention
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Code; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 125.573, Florida Statutes, is created to
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read:
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125.573 Ordinances, regulations, and policies concerning
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chickees.—
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(1) As used in this section, the term “chickee” has the
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same meaning as in s. 553.73(10)(i).
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(2) A county may not enact an ordinance, a regulation, or a
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policy:
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(a) That prevents or has the effect of preventing a chickee
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from being constructed in a side yard, provided the chickee is
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at least 10 feet from any property line, or near another
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structure, provided the chickee is at least 10 feet from the
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other structure; or
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(b) That concerns chickees and is more restrictive than
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federal floodplain management regulations.
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Section 2. Section 166.0487, Florida Statutes, is created
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to read:
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166.0487 Ordinances, regulations, and policies concerning
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chickees.—
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(1) As used in this section, the term “chickee” has the
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same meaning as in s. 553.73(10)(i).
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(2) A municipality may not enact an ordinance, a
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regulation, or a policy:
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(a) That prevents or has the effect of preventing a chickee
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from being constructed in a side yard, provided the chickee is
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at least 10 feet from any property line, or near another
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structure, provided the chickee is at least 10 feet from the
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other structure; or
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(b) That concerns chickees and is more restrictive than
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federal floodplain management regulations.
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Section 3. Paragraph (i) of subsection (10) of section
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553.73, Florida Statutes, is amended to read:
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553.73 Florida Building Code.—
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(10) The following buildings, structures, and facilities
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are exempt from the Florida Building Code as provided by law,
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and any further exemptions shall be as determined by the
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Legislature and provided by law:
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(i) Chickees constructed by the Miccosukee Tribe of Indians
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of Florida or the Seminole Tribe of Florida.
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1. As used in this paragraph, the term “chickee” means an
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open-sided wooden hut that has a thatched roof of palm or
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palmetto or other traditional materials, and that does not
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incorporate any electrical, plumbing, or other nonwood features.
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A chickee may include a wooden deck and may incorporate nonwood
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fasteners, including, but not limited to, nails, screws, bolts,
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nuts, washers, staples, and hurricane straps.
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2. The later incorporation of any electrical, plumbing, or
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other nonwood feature into an existing chickee requires a permit
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but may not be construed to affect the exempt status of or
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require a permit for the chickee.
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3. A person who is not a member of the Miccosukee Tribe of
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Indians of Florida or the Seminole Tribe of Florida and who
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constructs a chickee in an attempt to circumvent the Florida
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Building Code commits a misdemeanor of the first degree,
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punishable as provided in s. 775.082 or s. 775.083.
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With the exception of paragraphs (a), (b), (c), and (f), in
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order to preserve the health, safety, and welfare of the public,
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the Florida Building Commission may, by rule adopted pursuant to
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chapter 120, provide for exceptions to the broad categories of
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buildings exempted in this section, including exceptions for
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application of specific sections of the code or standards
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adopted therein. The Department of Agriculture and Consumer
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Services shall have exclusive authority to adopt by rule,
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pursuant to chapter 120, exceptions to nonresidential farm
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buildings exempted in paragraph (c) when reasonably necessary to
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preserve public health, safety, and welfare. The exceptions must
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be based upon specific criteria, such as under-roof floor area,
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aggregate electrical service capacity, HVAC system capacity, or
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other building requirements. Further, the commission may
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recommend to the Legislature additional categories of buildings,
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structures, or facilities which should be exempted from the
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Florida Building Code, to be provided by law. The Florida
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Building Code does not apply to temporary housing provided by
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the Department of Corrections to any prisoner in the state
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correctional system.
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Section 4. Subsection (22) is added to section 633.202,
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Florida Statutes, to read:
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633.202 Florida Fire Prevention Code.—
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(22)(a) As used in this subsection, the term “chickee” has
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the same meaning as in s. 553.73(10)(i).
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(b) Notwithstanding any other provision of law, a chickee
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that is at least 20 feet from any other structure subject to the
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Florida Building Code or that otherwise includes fireproofing
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measures approved by a certified fire protection system
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contractor is exempt from the Florida Fire Prevention Code.
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Section 5. This act shall take effect July 1, 2026.