Florida vs Washington: Local Ordinance Comparison (2026)

ADU Rules

Washington HB 1337 (RCW 36.70A.681) requires cities and counties to allow two ADUs per lot in urban growth areas, preempting restrictive local rules.

Shed Rules

Washington adopts the International Residential Code statewide; detached one-story sheds 200 square feet or less are exempt from building permits.

Animal Hoarding

Washington RCW 16.52 criminalizes animal cruelty and neglect statewide, providing the legal foundation for animal hoarding prosecutions when owners fail to provide necessary food, water, shelter, and veterinary care to multiple animals.

Beekeeping

Washington RCW 15.60 requires all beekeepers with one or more hives to register their apiaries annually with the Washington State Department of Agriculture, supporting disease tracking and pollinator health statewide.

Breed Restrictions

Washington RCW 16.08 governs dangerous and potentially dangerous dogs through behavior-based standards rather than breed identity, requiring registration, secure confinement, and liability insurance for declared dangerous dogs across all jurisdictions.

Exotic Pets

Florida Fish and Wildlife Conservation Commission (FWC) regulates exotic and captive wildlife statewide. Possession of Class I, II, and III wildlife requires FWC permits, and state law preempts most local exotic animal regulations.

Washington RCW 16.30 prohibits private possession, breeding, and importation of dangerous wild animals including big cats, bears, wolves, and primates, applying uniformly statewide with limited grandfather and accreditation exceptions.

Wildlife Feeding

Florida law prohibits intentional feeding of black bears, alligators, crocodiles, sandhill cranes, foxes, raccoons, and pelicans. These FWC rules apply statewide regardless of local ordinances.

Structure Height Limits

Florida Statutes 161.053 establishes the Coastal Construction Control Line, a state-administered seaward setback that applies to all coastal counties regardless of local zoning. Construction seaward of the CCCL requires a Florida DEP permit and meets statewide structural and elevation standards.

Washington adopts the International Building Code statewide through chapter 51-50 WAC, setting maximum heights and stories tied to construction type and occupancy classifications.

Home Cultivation

Florida prohibits home cultivation of cannabis for both recreational and medical use; only state-licensed Medical Marijuana Treatment Centers may grow cannabis.

Washington uniquely prohibits recreational home cultivation of cannabis statewide, with cultivation only permitted by licensed producers and qualifying medical patients.

Commercial Drones

Commercial drone operations in Florida are regulated by federal FAA Part 107 and state law; local governments cannot impose additional commercial operation restrictions.

Commercial drone operations in Washington are governed by FAA Part 107, with state law adding criminal liability for invasive uses and limited authority over state-owned land.

Recreational Drones

Florida expressly preempts local regulation of drones, reserving authority to the state and federal government, with limited surveillance and trespass exceptions.

Washington combines federal FAA airspace preemption with state criminal statutes prohibiting drone voyeurism, harassment, and interference with first responders that apply uniformly statewide.

Coastal Development

Florida regulates construction seaward of the Coastal Construction Control Line through state permits, with uniform standards administered by the Department of Environmental Protection.

Washington's Shoreline Management Act (RCW 90.58) requires Shoreline Substantial Development Permits for most construction within 200 feet of marine and freshwater shorelines statewide.

Flood Zones

Florida adopts a single statewide building code that incorporates flood-resistant construction standards from FEMA and ASCE, applying uniformly to all jurisdictions.

Washington requires all communities participating in the National Flood Insurance Program to adopt floodplain ordinances meeting state minimum standards under RCW 86.16.

Stormwater Management

Washington Department of Ecology administers federally-required NPDES stormwater permits statewide, setting minimum standards for municipal, construction, and industrial stormwater that all jurisdictions must implement.

Neighbor Fence Rules

Washington's partition fence law requires adjoining landowners using a boundary fence for livestock to share construction and maintenance costs equitably under RCW 16.60.

Pool Barriers

Florida Statutes Chapter 515 establishes minimum statewide pool barrier requirements applying to every residential swimming pool, spa, or hot tub. New pools must meet at least one safety feature requirement before receiving a certificate of completion, regardless of city or county location.

Washington requires pool barriers for residential and public pools through state-adopted building code provisions and Department of Health rules ensuring minimum 48-inch fencing.

Fire Pit Rules

Florida regulates outdoor recreational fires through the Florida Fire Prevention Code (NFPA 1), which applies uniformly statewide and preempts inconsistent local fire-code provisions.

Outdoor Burning

Open burning of yard waste and land-clearing debris in Florida requires authorization from the Florida Forest Service under Section 590.125, applying universally outside municipal limits.

Washington's Clean Air Act (RCW 70A.15) bans outdoor burning in urban growth areas and most cities. The Department of Ecology and clean air agencies enforce statewide standards regardless of local rules.

Propane Storage

Florida regulates propane (LP-gas) storage, transport, and installation uniformly under Chapter 527 and the Florida Fire Prevention Code, preempting inconsistent local rules.

Washington adopts the International Fire Code statewide under RCW 19.27.031, including NFPA 58 standards for liquefied petroleum gas (propane). These rules govern container placement, capacity, and installation regardless of city.

Wildfire Zones

The Florida Forest Service has statewide jurisdiction over wildfire prevention and suppression on non-municipal land under Chapter 590, Florida Statutes.

Washington adopted the International Wildland-Urban Interface Code statewide under RCW 19.27. New construction in designated WUI areas must meet ignition-resistant building, defensible space, and water supply requirements.

Local Firearms Preemption

Florida Statute 790.33 expressly preempts the entire field of firearm and ammunition regulation to the state, voiding all local ordinances and imposing personal civil penalties on local officials who knowingly enact or enforce conflicting rules.

Washington RCW 9.41.290 broadly preempts local firearm regulation, reserving authority over firearm laws to the state legislature with very limited exceptions.

Assessment & Dues

Under Fla. Stat. § 720.3085, unpaid assessments become a lien on a parcel, and the homeowners' association may foreclose like a mortgage. Before recording the lien the association must send a 45-day written notice by certified and first-class mail, and a second 45-day notice is required before foreclosure can begin.

Washington has two regimes. Communities created on or after July 1, 2018 fall under WUCIOA (RCW 64.90), whose lien carries a 6-month super-priority over first mortgages and can be foreclosed like a mortgage. Older associations use the Homeowners' Associations Act (RCW 64.38), whose lien may be foreclosed only after strict notice and dollar thresholds.

CC&R Enforcement

Under Fla. Stat. §§ 720.303 and 720.3035, a Florida HOA enforces its recorded covenants and architectural standards, but only where authority is stated or reasonably inferred in the governing documents, and standards must be applied reasonably and equitably to all owners. HB 1203 added new limits and written-denial transparency rules effective July 1, 2024.

Washington HOAs may adopt and enforce rules and architectural standards and enforce the recorded declaration. Under WUCIOA, RCW 64.90.405 authorizes rule adoption and enforcement, while RCW 64.90.510 fixes outer limits the rules cannot cross (flags, solar, signs). Older HOAs draw the same rulemaking power from RCW 64.38.020.

HOA Fines & Enforcement

Under Fla. Stat. § 720.305, a Florida HOA may fine up to $100 per violation and $1,000 in the aggregate unless the governing documents allow more. The association must give at least 14 days' written notice and a hearing before a committee of at least three members, who must approve the fine by majority vote.

Both Washington regimes let HOAs impose reasonable fines, but only after notice and an opportunity to be heard and only under a fine schedule already adopted by the board and furnished to owners. WUCIOA communities use RCW 64.90.405; older associations use RCW 64.38.020. Neither statute sets a dollar cap on fines.

HOA vs. City Rules

Florida law overrides HOA covenants on several fronts: Fla. Stat. § 163.04 voids any deed restriction prohibiting solar collectors, § 720.304(2) protects display of the U.S. flag, and HB 1203 protects vegetable gardens and other items not visible from the frontage. Section 604.71 separately bars cities and counties from regulating residential vegetable gardens.

Washington statutes override HOA covenants that ban solar panels, the U.S. or state flag, or political signs. WUCIOA RCW 64.90.510 protects all three for newer communities; older HOAs are covered by RCW 64.38.055 (solar), 64.38.033 (U.S. flag), and 64.38.034 (political yard signs). HOAs may set reasonable time, place, and manner rules but cannot prohibit outright.

Cottage Food Operations

Florida's Cottage Food Operations Act preempts local regulation, allowing home production of non-potentially hazardous foods up to a statewide gross sales limit.

Washington's cottage food law allows home-based production of low-risk foods under a state permit administered by WSDA, with uniform statewide rules that municipalities cannot override.

Home Daycare

Florida regulates family and large family child care homes uniformly under Chapter 402, setting capacity limits, training, and inspection requirements applicable statewide.

Washington licenses family home child care providers through DCYF and preempts local zoning that would treat licensed home daycares as commercial uses requiring special permits.

Sanctuary Policy Preemption

Senate Bill 168 (2019), codified at FS 908.103 and 908.104, prohibits sanctuary policies in Florida and requires every state and local law enforcement agency to use best efforts to support federal immigration enforcement and honor ICE detainer requests.

Washington's Keep Washington Working Act under RCW 10.93.160 limits state and local cooperation with federal immigration enforcement, establishing statewide sanctuary protections.

Composting

Washington requires jurisdictions over 25,000 to provide organics collection and bans certain organic waste disposal under RCW 70A.205.545.

Native Plants

Florida Statute 373.185 declares Florida-friendly landscaping a matter of state policy and prohibits any deed restriction, covenant, or local ordinance from preventing property owners from installing native, drought-tolerant plant landscapes.

Rainwater Harvesting

Washington law expressly permits rooftop rainwater collection for onsite use without a water right permit, preempting any municipal prohibition on basic harvesting.

Water Restrictions

Florida Statutes Chapter 373 grants water management districts authority to impose mandatory landscape irrigation restrictions that apply uniformly across all counties and municipalities, overriding any conflicting local schedules during declared water shortages.

Washington Department of Ecology administers water rights and may issue drought emergency orders that override local outdoor watering practices statewide.

Weed Ordinances

Washington RCW 17.10 mandates statewide control of designated noxious weeds; landowners must prevent spread regardless of municipal location.

Aircraft Noise

Aircraft noise regulation is preempted by federal law under the Federal Aviation Act and the Airport Noise and Capacity Act. Florida cities and counties cannot regulate flight operations, altitudes, or in-air noise. Florida statutes recognize this exclusive federal jurisdiction over navigable airspace.

Aircraft noise in Washington is preempted by federal aviation law, and the state expressly excludes aircraft in flight from its noise control regulations under WAC 173-60-050.

Amplified Music & Events

Amplified music in Washington is regulated under the statewide Maximum Environmental Noise Levels, which set decibel caps at the property line based on receiving zone and time of day.

Construction Hours

Washington's noise code exempts temporary construction sounds during daytime hours from EDNA limits, while night construction still must comply with strict nighttime sound levels.

Industrial Noise

Industrial sources in Washington must comply with EDNA limits set by WAC 173-60, with the receiving residential zone limited to 60 dBA daytime and 50 dBA nighttime.

Quiet Hours

Washington's Noise Control Act sets statewide maximum environmental noise levels by zone, with stricter nighttime limits between 10 p.m. and 7 a.m. that apply to all jurisdictions.

Dark Sky Rules

Florida Statute 379.2431 and the Marine Turtle Protection Act require coastal property lighting to avoid illuminating nesting beaches during sea turtle nesting season. The rule applies statewide to oceanfront and beach-visible properties regardless of local sky ordinances and is enforced by FWC.

Abandoned Vehicles

Florida Statutes Chapters 705 and 715 establish uniform procedures for declaring vehicles abandoned, providing notice, and disposing of them through licensed wreckers.

Washington's RCW 46.55 governs how abandoned vehicles are impounded, noticed, redeemed, and auctioned, providing a uniform statewide framework that local jurisdictions must follow.

EV Charging

Florida law protects condo unit owners' rights to install EV charging stations and incorporates statewide accessibility requirements through the Florida Building Code.

Washington requires EV-ready parking in new construction and prohibits HOAs from banning EV charging stations, establishing baseline requirements that supersede conflicting local rules.

Rental Registration

Florida Statute 509.032(7) preempts local regulation of vacation rental duration and frequency, and FS 166.0445 (2023) prohibits cities from imposing inspection-based rental registration programs unless tied to specific code complaints.

Security Deposit Rules

Florida places no dollar limit on residential security deposits, but it enforces tight deadlines. If the landlord makes no claim, the deposit must be returned within 15 days of move-out. If the landlord intends to keep any part, written certified-mail notice is due within 30 days, and the tenant then has 15 days to object.

Washington sets no dollar cap on residential security deposits, but it controls how they are collected and returned. A landlord may collect a deposit only with a written rental agreement and a written move-in checklist describing the unit's condition. After the tenancy ends, the landlord has 30 days to refund the deposit with an itemized statement of deductions.

Squatter's Rights & Adverse Possession

Adverse possession in Florida requires 7 years of actual, continued, exclusive possession plus paying all taxes within a year and filing a return with the property appraiser (Fla. Stat. § 95.18). Separately, the 2024 anti-squatter law HB 621 (Fla. Stat. § 82.036) lets owners have a sheriff remove unauthorized occupants within hours, without a lawsuit.

Washington's general adverse possession period is 10 years under RCW 4.16.020, requiring possession that is actual, open and notorious, exclusive, hostile, and continuous. A shorter 7-year period applies under RCW 7.28.070 when the occupant holds under good-faith color of title and pays all taxes legally assessed on the land for those seven years.

Insurance Requirements

Washington law requires short-term rental operators to maintain primary liability insurance of at least $1 million or operate through a platform that provides equivalent coverage. This statewide requirement applies regardless of local rules.

Permit Requirements

Florida law preempts the regulation of vacation rental licensing and inspections to the state Department of Business and Professional Regulation (DBPR), though local zoning and registration are permitted.

Taxes & Fees

Florida imposes a 6% state sales tax plus a 1% discretionary surtax on rentals of living accommodations for six months or less, applying universally to short-term rentals.

Washington imposes statewide sales tax and lodging taxes on short-term rental stays under 30 days. Operators must register with the Department of Revenue, collect applicable taxes, and remit them regardless of local jurisdiction.

Plastic Straw Rules

Florida Statute 403.7033 and related law impose a moratorium on enforcement of municipal plastic straw bans, requiring DEP study before any local prohibition can take effect, effectively preempting current ordinances.

Washington RCW 70A.550 limits single-use food service ware including plastic straws and utensils to upon-request distribution at restaurants and food service businesses.

No-Knock Registry

Washington's Commercial Telephone Solicitation Act (RCW 19.158) and Consumer Protection Act govern unwanted commercial solicitation. State law preempts certain telephone solicitation rules and provides statewide remedies against deceptive practices.

Fencing Requirements

The Residential Swimming Pool Safety Act (Chapter 515) sets minimum barrier, cover, or alarm requirements for every new residential pool in Florida. Local rules may be stricter but cannot weaken these standards.

Washington WAC 246-260 enforced under RCW 70.90 requires public swimming pools, including those at apartments, hotels, and HOAs, to maintain barriers at least four feet high with self-closing self-latching gates statewide.

Hot Tub Rules

Washington WAC 246-260 regulates public spas and hot tubs at hotels, apartments, gyms, and HOAs, requiring permits, water testing, temperature limits, and posted bather safety warnings under RCW 70.90 statewide.

Safety Rules

Florida's Residential Swimming Pool Safety Act sets statewide drowning prevention standards including barriers, covers, and alarms. The Act applies to every new pool, spa, and hot tub installed in residential settings.

Washington RCW 70.90 and WAC 246-260 establish statewide operational safety rules for public pools including water quality, signage, lifeguard or warning sign requirements, and anti-entrapment drain compliance under federal VGB Act.

Vape Retail Rules

Florida Statute 386.2125 expressly preempts the regulation of nicotine products, nicotine dispensing devices, and vape retailing to the state, voiding most municipal ordinances on electronic cigarettes and vape shops.

Washington RCW 70.345 requires licensing for vapor product retailers, distributors, and delivery sellers, with state Department of Revenue oversight and tax collection.

Recycling Requirements

Washington requires curbside recycling availability in urban areas under RCW 70A.205 and mandates organics collection for businesses under RCW 70A.205.545. Counties and cities must implement state-mandated waste reduction plans.

Heritage & Protected Trees

Section 163.045 expressly applies regardless of any local heritage, specimen, or champion tree designation, preempting protective ordinances when an arborist documents danger.

Tree Replacement Requirements

Florida law prohibits local governments from requiring replacement plantings or mitigation when a residential tree is removed under documented danger conditions.