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University of Florida Journal of Law & Public Policy

Abstract

Tiny houses entered the mainstream nearly a decade ago and are popular as an affordable, environmentally conscious, and traveler friendly housing option. However, local governments across the nation still have wildly different regulations governing tiny houses. Some jurisdictions have no rules at all, others define tiny houses by specific regulations, and others ban them outright. The differences between these rules across different jurisdictions are leaving tiny-home owners in the dark about their property rights.

This Note addresses the policy concerns and considerations surrounding tiny houses on foundations and tiny houses on wheels with local city and county laws. Through many examples of local government codes throughout Florida, this Note explores three major issues with tiny house zoning: Minimum floor area requirements, minimum lot sizes, and the ability of local governments to amend the Residential Florida Building Code. Local zoning issues such as minimum dwelling sizes pose massive challenges to those looking to embrace the tiny house lifestyle. Additionally, minimum lot sizes create financial hurdles for tiny living, taking away from a major reason why people choose to go tiny. Although the Residential Florida Building Code provides some uniformity and clarity on what is and is not a tiny house, not all cities and counties have embraced this definition with open arms, and the ability to amend the Florida Building Code within local government codes greatly diminishes the usefulness and uniformity of the code across the state.

Finally, this Note discusses proposed solutions to the issues discussed. By amending zoning codes, continuing to take advantage of cracks in the system, and advocating for codes to explicitly adopt Appendix Q to the Residential Florida Building Code, Florida can become a tiny friendly state.

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