Florida limits local rules for tribal members building chickees

Counties and cities cannot adopt rules that block covered chickee construction or make chickee rules stricter than federal rules for managing flood-prone land. Construction protections cover members of the Miccosukee Tribe of Indians of Florida and the Seminole Tribe of Florida. The limit tied to federal flood rules covers chickees generally. Side-yard protection requires at least 10 feet between the chickee and the property line. Protection for building near another structure requires at least 10 feet between the structures. These limits took effect July 1, 2026.

Chickees are exempt from Florida's fire prevention rules, including national codes incorporated into those rules, when they meet either safety condition. The exemption covers huts that meet the law's chickee definition, including its limits on materials and installed features. The chickee must be at least 20 feet from another structure covered by the Florida Building Code, or use fire-proofing measures approved by a certified fire protection system contractor. The exemption took effect July 1, 2026.

A person outside the two named tribes commits a first-degree misdemeanor, a criminal offense, by constructing a chickee to try to claim a Florida Building Code exemption. This rule covers people who are not members of the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. The offense requires an attempt to claim the building-code exemption. The penalty provision took effect July 1, 2026.

The law defines a chickee as an open-sided wooden hut with a thatched roof and allows certain added features. This definition governs chickees covered by the local construction protections and fire-rule exemption. The roof uses palm, palmetto, or other traditional materials. A wooden deck and nonwood fasteners, such as nails and hurricane straps, are allowed. Electrical or plumbing features require a building permit for their installation. Other nonwood features are excluded. The definition provision took effect July 1, 2026.