Florida HB 929: Local Government Regulation of Chickees

Bill Text

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An act relating to local government regulation of 2
chickees; creating ss. 125.489 and 166.04845, F.S.; 3
prohibiting counties and municipalities, respectively, 4
from enacting an ordinance, regulation, or policy that 5
prevents a chickee from being constructed by certain 6
persons in specified locations; prohibiting counties 7
and municipalities from enacting an ordinance, 8
regulation, or policy concerning chickees that is more 9
restrictive than certain federal regulations; amending 10
s. 553.73, F.S.; revising the definition of the term 11
"chickee"; providing a penalty for certain persons who 12
construct chickees in an attempt to assert an 13
exemption from the Florida Building Code; amending s. 14
633.202, F.S.; defining the term "chickee"; exempting 15
certain chickees from the Florida Fire Prevention 16
Code; providing an effective date. 17
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Be It Enacted by the Legislature of the State of Florida: 19
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Section 1. Section 125.489, Florida Statutes, is created 21
to read: 22
125.489 Ordinances, regulations, and policies concerning 23
chickees.— 24
(1) A county may not enact an ordinance, regulation, or 25

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policy that prevents or has the effect of preventing a person 26
who is a member of the Miccosukee Tribe of Indians of Florida or 27
the Seminole Tribe of Florida from constructing a chickee, as 28
defined in s. 553.73(10)(i): 29
(a) In a side yard if the chickee is at least 10 feet from 30
the property line. 31
(b) Near another structure if the chickee is at least 10 32
feet from any other structure. 33
(2) A county may not enact an ordinance, regulation, or 34
policy concerning chickees that is more restrictive than federal 35
floodplain management regulations. 36
Section 2. Section 166.04845, Florida Statutes, is created 37
to read: 38
166.04845 Ordinances, regulations, and policies concerning 39
chickees.— 40
(1) A municipality may not enact an ordinance, regulation, 41
or policy that prevents or has the effect of preventing a person 42
who is a member of the Miccosukee Tribe of Indians of Florida or 43
the Seminole Tribe of Florida from constructing a chickee, as 44
defined in s. 553.73(10)(i): 45
(a) In a side yard if the chickee is at least 10 feet from 46
the property line. 47
(b) Near another structure if the chickee is at least 10 48
feet from any other structure. 49
(2) A municipality may not enact an ordinance, regulation, 50

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or policy concerning chickees that 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 60
Indians of Florida or the Seminole Tribe of Florida. As used in 61
this paragraph, the term "chickee" means an open-sided wooden 62
hut that has a thatched roof of palm, or palmetto, or other 63
traditional materials; that may have a wooden deck;, and that 64
does not incorporate any electrical, plumbing, or other nonwood 65
features, except that a chickee may: 66
1. Incorporate nonwood fasteners, including, but not 67
limited to, nails, screws, bolts, nuts, washers, staples, and 68
hurricane straps. 69
2. Incorporate electrical or plumbing features in 70
accordance with a building permit for the incorporation of such 71
features. 72
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A person who is not a member of the Miccosukee Tribe of Indians 74
of Florida or the Seminole Tribe of Florida and who constructs a 75

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chickee in an attempt to assert an exemption from the Florida 76
Building Code commits a misdemeanor of the first degree, 77
punishable as provided in s. 775.082 or s. 775.083. 78
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With the exception of paragraphs (a), (b), (c), and (f), in 80
order to preserve the health, safety, and welfare of the public, 81
the Florida Building Commission may, by rule adopted pursuant to 82
chapter 120, provide for exceptions to the broad categories of 83
buildings exempted in this section, including exceptions for 84
application of specific sections