Local Government Regulation of Chickees
Local governments barred from restricting tribal chickees; non-tribal builders claiming code exemption face misdemeanor
Florida Statutes affected
| s. 125.489 | |
| s. 166.04845 | |
| s. 553.73 | Florida Building Code. |
| s. 633.202 | Florida Fire Prevention Code. |
Side-by-side: current law vs. the bill
s. 125.489, F.S.
New section — not in current law.
125.489 Ordinances, regulations, and policies concerning chickees.—
(1) A county may not enact an ordinance, regulation, or policy that prevents or has the effect of preventing a person who is a member of the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida from constructing a chickee, as defined in s. 553.73(10)(i):
(a) In a side yard if the chickee is at least 10 feet from the property line.
(b) Near another structure if the chickee is at least 10 feet from any other structure.
(2) A county may not enact an ordinance, regulation, or policy concerning chickees that is more restrictive than federal floodplain management regulations.
s. 166.04845, F.S.
New section — not in current law.
166.04845 Ordinances, regulations, and policies concerning chickees.—
(1) A municipality may not enact an ordinance, regulation, or policy that prevents or has the effect of preventing a person who is a member of the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida from constructing a chickee, as defined in s. 553.73(10)(i):
(a) In a side yard if the chickee is at least 10 feet from the property line.
(b) Near another structure if the chickee is at least 10 feet from any other structure.
(2) A municipality may not enact an ordinance, regulation, or policy concerning chickees that is more restrictive than federal floodplain management regulations.
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