THE BILL ITSELF
HB 929
Local Government Regulation of Chickees
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An act relating to local government regulation of
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chickees; creating ss. 125.489 and 166.04845, F.S.;
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prohibiting counties and municipalities, respectively,
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from enacting an ordinance, regulation, or policy that
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prevents a chickee from being constructed by certain
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persons in specified locations; prohibiting counties
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and municipalities from enacting an ordinance,
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regulation, or policy concerning chickees that is more
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restrictive than certain federal regulations; amending
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s. 553.73, F.S.; revising the definition of the term
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"chickee"; providing a penalty for certain persons who
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construct chickees in an attempt to assert an
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exemption from 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 125.489, Florida Statutes, is created
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to read:
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125.489 Ordinances, regulations, and policies concerning
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chickees.—
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(1) A county may not enact an ordinance, regulation, or
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policy that prevents or has the effect of preventing a person
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who is a member of the Miccosukee Tribe of Indians of Florida or
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the Seminole Tribe of Florida from constructing a chickee, as
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defined in s. 553.73(10)(i):
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(a) In a side yard if the chickee is at least 10 feet from
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the property line.
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(b) Near another structure if the chickee is at least 10
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feet from any other structure.
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(2) A county may not enact an ordinance, regulation, or
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policy concerning chickees that is more restrictive than federal
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floodplain management regulations.
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Section 2. Section 166.04845, Florida Statutes, is created
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to read:
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166.04845 Ordinances, regulations, and policies concerning
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chickees.—
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(1) A municipality may not enact an ordinance, regulation,
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or policy that prevents or has the effect of preventing a person
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who is a member of the Miccosukee Tribe of Indians of Florida or
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the Seminole Tribe of Florida from constructing a chickee, as
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defined in s. 553.73(10)(i):
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(a) In a side yard if the chickee is at least 10 feet from
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the property line.
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(b) Near another structure if the chickee is at least 10
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feet from any other structure.
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(2) A municipality may not enact an ordinance, regulation,
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or policy concerning chickees that 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
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Indians of Florida or the Seminole Tribe of Florida. As used in
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this paragraph, the term "chickee" means an open-sided wooden
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hut that has a thatched roof of palm, or palmetto, or other
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traditional materials; that may have a wooden deck;, and that
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does not incorporate any electrical, plumbing, or other nonwood
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features, except that a chickee may:
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1. Incorporate nonwood fasteners, including, but not
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limited to, nails, screws, bolts, nuts, washers, staples, and
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hurricane straps.
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2. Incorporate electrical or plumbing features in
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accordance with a building permit for the incorporation of such
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features.
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A person who is not a member of the Miccosukee Tribe of Indians
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of Florida or the Seminole Tribe of Florida and who constructs a
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chickee in an attempt to assert an exemption from 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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is exempt from the Florida Fire Prevention Code, including the
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national fire codes and other national codes incorporated by
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reference, if:
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1. The chickee is at least 20 feet from another structure
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subject to the Florida Building Code; or
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2. The chickee otherwise implements fire-proofing measures
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approved by a certified fire protection system contractor.
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Section 5. This act shall take effect July 1, 2026.