HB 1371 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to display of flags in residential 2
associations; amending s. 718.113, F.S.; authorizing 3
unit owners of a condominium to display no more than a 4
certain number of specified flags regardless of 5
certain prohibitions in the governing documents of the 6
condominium association; removing a limitation 7
relating to flying flags only on specified days; 8
defining the term "first responder flag"; authorizing 9
a civil cause of action; entitling prevailing parties 10
to attorney fees and costs in a civil cause of action; 11
amending s. 720.304, F.S.; authorizing homeowners to 12
display no more than a certain number of specified 13
flags regardless of certain prohibitions in th e 14
governing documents of the homeowners' association; 15
defining the term "first responder flag"; entitling 16
prevailing parties to attorney fees and costs in a 17
civil cause of action; amending s. 720.3075, F.S.; 18
prohibiting certain homeowners' association docu ments 19
from precluding property owners from displaying 20
certain flags; requiring that such flags be displayed 21
in a specified manner; providing an effective date. 22
23
Be It Enacted by the Legislature of the State of Florida: 24
25
HB 1371 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 1. Subsection (4) of section 718.113, Florida 26
Statutes, is amended to read: 27
718.113 Maintenance; limitation upon improvement; display 28
of flags flag; hurricane shutters and protection; display of 29
religious decorations. — 30
(4)(a) If any covenant, restriction, bylaw, rule, or 31
requirement of an association prohibits a unit owner from 32
displaying flags listed in subparagraphs 1. -5., the Any unit 33
owner may still display one portable, removable United States 34
flag in a respectful manner, up to two of the following way and, 35
on Armed Forces Day, Memorial Day, Flag Day, Independence Day, 36
and Veterans Day, may display in a respectful way portable, 37
removable official flags, not larger than 4 1/2 feet by 6 feet :, 38
that represent 39
1. The United States flag. 40
2. The official flag of the Stat e of Florida. 41
3. A flag that represents the United States Army, Navy, 42
Air Force, Marine Corps, or Coast Guard, or Space Force. 43
4. A POW-MIA flag. 44
5. A first responder flag. A first responder flag may 45
incorporate the design of any other flag permitted under this 46
paragraph to form a combined flag. For purposes of this 47
subsection, the term "first responder flag" means a flag that 48
recognizes and honors the services of any of the following: 49
a. Law enforcement officers, as defined in s. 943.10(1), 50
HB 1371 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and is limited to the colors blue, black, and white and the 51
words "law enforcement"; "police"; "officers"; "first 52
responders"; "service"; "honor our"; "support our"; "in 53
memoriam"; "department"; and any other language, initials, or 54
acronyms that identify a partic ular law enforcement department 55
or law enforcement agency. 56
b. Firefighters, as defined in s. 112.191(1), and is 57
limited to the colors red, gold, black, and white and the words 58
"firefighter"; "F" or "D"; "FD"; "first responders"; "service"; 59
"honor our"; "support our"; "in memoriam"; "department"; and any 60
other language, initials, or acronyms that identify a particular 61
fire department or public safety department. 62
c. Paramedics or emergency medical technicians, as those 63
terms are defined in s. 112.1911(1), and is limited to the 64
colors blue, black, and white and the words "paramedic"; 65
"emergency medical"; "technician"; "EMT"; "first responders"; 66
"service"; honor our"; "support our"; "in memoriam"; and any 67
other language, initials, or acronyms that identify a particular 68
emergency medical services department or emergency medical 69
services agency. 70
(b) A unit owner prevented from exercising his or her 71
rights guaranteed under this subsection may bring a civil cause 72
of action in the appropriate court of the county in which the 73
alleged infringement occurred. If the court finds that an 74
infringement has occurred, the court must enjoin the enforcement 75
HB 1371 2022
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of any covenant, restriction, bylaw, rule, or requirement of the 76
association which operates to deprive the unit owner o f his or 77
her rights under this subsection. The prevailing party is 78
entitled to reasonable attorney fees and costs regardless of any 79
declaration rules or requirements dealing with flags or 80
decorations. 81
Section 2. Paragraphs (a) and (b) of subsection (2) and 82
subsection (3) of section 720.304, Florida Statutes, are amended 83
to read: 84
720.304 Right of owners to peaceably assemble; display of 85
flags flag; SLAPP suits prohibited. — 86
(2)(a) If any covenant, restriction, bylaw, rule, or 87
requirement of an associa tion prohibits a homeowner from 88
displaying flags listed in subparagraphs 1. -5., the Any 89
homeowner may still display one portable, removable United 90
States flag or official flag of the State of Florida in a 91
respectful manner, up to two of the following and one portable, 92
removable flags official flag, in a respectful manner, not 93
larger than 4 1/2 feet by 6 feet :, which represents 94
1. The United States flag. 95
2. The official flag of the State of Florida. 96
3. A flag that represents the United States Army, Navy, 97
Air Force, Marine Corps, or Coast Guard, or Space Force. 98
4. A POW-MIA flag. 99
5. A first responder flag. A first responder flag may 100
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incorporate the design of any other flag permitted under this 101
paragraph to form a combined flag. For purposes of this 102
subsection, the term "first responder flag" means a flag that 103
recognizes and honors the services of any of the following: 104
a. Law enforcement officers, as defined in s. 943.10(1), 105
and is limited to the colors blue, black, and wh ite and the 106
words "law enforcement"; "police"; "officers"; "first 107
responders"; "service"; "honor our"; "support our"; "in 108
memoriam"; "department"; and any other language, initials, or 109
acronyms that identify a particular law enforcement department 110
or law enforcement agency. 111
b. Firefighters, as defined in s. 112.191(1), and is 112
limited to the colors red, gold, black, and white and the words 113
"firefighter"; "F" or "D"; "FD"; "first responders"; "service"; 114
"honor our"; "support our"; "in memoriam"; "department" ; and any 115
other language, initials, or acronyms that identify a particular 116
fire department or public safety department. 117
c. Paramedics or emergency medical technicians, as those 118
terms are defined in s. 112.1911(1), and is limited to the 119
colors blue, black, and white and the words "paramedic"; 120
"emergency medical"; "technician"; "EMT"; "first responders"; 121
"service"; honor our"; "support our"; "in memoriam"; and any 122
other language, initials, or acronyms that identify a particular 123
emergency medical services de partment or emergency medical 124
services agency, regardless of any covenants, restrictions, 125
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bylaws, rules, or requirements of the association . 126
(b) Regardless of any covenants, restrictions, bylaws, 127
rules, or requirements of the association, a Any homeowner may 128
erect a freestanding flagpole no more than 20 feet high on any 129
portion of the homeowner's real property, as long as regardless 130
of any covenants, restrictions, bylaws, rules, or requirements 131
of the association, if the flagpole does not obstruct sightli nes 132
at intersections and is not erected within or upon an easement. 133
The homeowner may further display in a respectful manner from 134
that flagpole, regardless of any covenants, restrictions, 135
bylaws, rules, or requirements of the association, one official 136
United States flag, not larger than 4 1/2 feet by 6 feet, and 137
may additionally display one other official flag as described 138
under paragraph (a) of the State of Florida or the United States 139
Army, Navy, Air Force, Marines, or Coast Guard, or a POW -MIA 140
flag. Such additional flag must be equal in size to or smaller 141
than the United States flag. The flagpole and display are 142
subject to all building codes, zoning setbacks, and other 143
applicable governmental regulations, including, but not limited 144
to, noise and lighting ordinances in the county or municipality 145
in which the flagpole is erected and all setback and locational 146
criteria contained in the governing documents. 147
(3) A homeowner Any owner prevented from exercising his or 148
her rights guaranteed under by subsection (1) or subsection (2) 149
may bring a civil cause of an action in the appropriate court of 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the county in which the alleged infringement occurred . If the 151
court finds that an infringement has occurred , and, upon 152
favorable adjudication, the court shall enjoin the enforcement 153
of any covenant, restriction, bylaw, rule, or requirement of the 154
provision contained in any homeowners' association document or 155
rule that operates to deprive the homeowner owner of his or her 156
such rights. The prevailing party is entitled to rea sonable 157
attorney fees and costs. 158
Section 3. Subsection (3) of section 720.3075, Florida 159
Statutes, is amended to read: 160
720.3075 Prohibited clauses in association documents. — 161
(3) Homeowners' association documents, including 162
declarations of covenants, articles of incorporation, or bylaws, 163
may not preclude the display of up to two one portable, 164
removable flags as described in s. 720.304(2) United States flag 165
by property owners. However, all flags the flag must be 166
displayed in a respectful manner, consis tent with the 167
requirements for the United States flag under Title 36 U.S.C. 168
chapter 10. 169
Section 4. This act shall take effect July 1, 2022. 170