HB 437 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0437-00
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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 homeowners' right to display flags; 2
amending s. 720.304, F.S.; authorizing homeowners to 3
display no more than a certain number of specified 4
flags regardless of certain prohibitions in the 5
governing documents of the homeowners' association; 6
defining the term "first responder flag"; amending s. 7
720.3075, F.S.; prohibiting certain homeowners' 8
association documents from precluding property owners 9
from displaying a certain number of specified flags; 10
requiring that such flags be displayed in a specified 11
manner; providing an effective date. 12
13
Be It Enacted by the Legislature of the State of Florida: 14
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Section 1. Paragraphs (a) and (b) of subsect ion (2) of 16
section 720.304, Florida Statutes, are amended to read: 17
720.304 Right of owners to peaceably assemble; display of 18
flags flag; SLAPP suits prohibited. — 19
(2)(a) If any covenant, restriction, bylaw, rule, or 20
requirement of an association prohibi ts a homeowner from 21
displaying flags permitted under this paragraph, the Any 22
homeowner may still display one portable, removable United 23
States flag or official flag of the State of Florida in a 24
respectful manner up to two of the following , and one portable, 25
HB 437 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0437-00
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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
removable flags official flag, in a respectful manner, not 26
larger than 4 1/2 feet by 6 feet :, which represents 27
1. The United States flag. 28
2. The official flag of the State of Florida. 29
3. A flag that represents the United States Army, Navy, 30
Air Force, Marine Corps, Space Force, or Coast Guard ., or 31
4. A POW-MIA flag. 32
5. A first responder flag. A first responder flag may 33
incorporate the design of any other flag permitted under this 34
paragraph to form a combined flag. For purposes of this 35
subsection, the term "first responder flag" means a flag that 36
recognizes and honors the services of any of the following: 37
a. Law enforcement officers as defined in s. 943.10(1). 38
b. Firefighters as defined in s. 112.191(1). 39
c. Paramedics or emergency medical tec hnicians as those 40
terms are defined in s. 112.1911(1). 41
d. Correctional officers as defined in s. 943.10(2). 42
e. 911 public safety telecommunicators as defined in s. 43
401.465(1). 44
f. Advanced practice registered nurses, licensed practical 45
nurses, or registered nurses as those terms are defined in s. 46
464.003. 47
g. Persons participating in a statewide urban search and 48
rescue program developed by the Division of Emergency Management 49
under s. 252.35. 50
HB 437 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0437-00
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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
h. Federal law enforcement officers as defined in 18 51
U.S.C. s. 115(c)(1), regardless of any covenants, restrictions, 52
bylaws, rules, or requirements of the association . 53
(b) Regardless of any covenants, restrictions, bylaws, 54
rules, or requirements of the association, a Any homeowner may 55
erect a freestanding flagpole no more than 20 feet high on any 56
portion of the homeowner's real property as long as, regardless 57
of any covenants, restrictions, bylaws, rules, or requirements 58
of the association, if the flagpole does not obstruct sightlines 59
at intersections and i s not erected within or upon an easement. 60
The homeowner may further display in a respectful manner from 61
that flagpole, regardless of any covenants, restrictions, 62
bylaws, rules, or requirements of the association, one official 63
United States flag, not larger than 4 1/2 feet by 6 feet, and 64
may additionally display one other official flag permitted under 65
paragraph (a) of the State of Florida or the United States Army, 66
Navy, Air Force, Marines, Space Force, or Coast Guard, or a POW -67
MIA flag. Such additional flag must be equal in size to or 68
smaller than the United States flag. The flagpole and display 69
are subject to all building codes, zoning setbacks, and other 70
applicable governmental regulations, including, but not limited 71
to, noise and lighting ordinances in th e county or municipality 72
in which the flagpole is erected and all setback and locational 73
criteria contained in the governing documents. 74
Section 2. Subsection (3) of section 720.3075, Florida 75
HB 437 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0437-00
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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
Statutes, is amended to read: 76
720.3075 Prohibited clauses i n association documents. — 77
(3) Homeowners' association documents, including 78
declarations of covenants, articles of incorporation, or bylaws, 79
may not preclude the display of up to two one portable, 80
removable flags as described in s. 720.304(2)(a) United States 81
flag by property owners. However, all flags the flag must be 82
displayed in a respectful manner , consistent with the 83
requirements for the United States flag under Title 36 U.S.C. 84
chapter 10. 85
Section 3. This act shall take effect July 1, 2023. 86