CS/HB 437 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0437-01-c1
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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
amending s. 720.3075, F.S.; prohibiting certain 7
homeowners' association documents from precluding 8
property owners from displaying a certain number of 9
specified flags; requiring that such flags be 10
displayed in a specified manner; providing an 11
effective date. 12
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Be It Enacted by the Legislature of the State of Florida: 14
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Section 1. Paragraphs (a) and (b) of subsection (2) of 16
section 720.304, Florida Statut es, 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 prohibits a homeowner from 21
displaying flags permi tted 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
CS/HB 437 2023
CODING: Words stricken are deletions; words underlined are additions.
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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. A flag that utilizes the same emblems and proportions 29
utilized by the United States flag, regardless of the colors 30
used on the flag. For purposes of th is subparagraph, the flag 31
must display 50 stars and 13 stripes in the traditional manner, 32
without any additional emblems or text. 33
3. The official flag of the State of Florida. 34
4. A flag that represents the United States Army, Navy, 35
Air Force, Marine Co rps, Space Force, or Coast Guard ., or 36
5. A POW-MIA flag, regardless of any covenants, 37
restrictions, bylaws, rules, or requirements of the association . 38
(b) Regardless of any covenants, restrictions, bylaws, 39
rules, or requirements of the association, a Any homeowner may 40
erect a freestanding flagpole no more than 20 feet high on any 41
portion of the homeowner's real property as long as, regardless 42
of any covenants, restrictions, bylaws, rules, or requirements 43
of the association, if the flagpole does not obst ruct sightlines 44
at intersections and is not erected within or upon an easement. 45
The homeowner may further display in a respectful manner from 46
that flagpole, regardless of any covenants, restrictions, 47
bylaws, rules, or requirements of the association, one official 48
United States flag, not larger than 4 1/2 feet by 6 feet, and 49
may additionally display one other official flag permitted under 50
CS/HB 437 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0437-01-c1
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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
paragraph (a) of the State of Florida or the United States Army, 51
Navy, Air Force, Marines, Space Force, or Coast Guard, o r a POW-52
MIA flag. Such additional flag must be equal in size to or 53
smaller than the United States flag. The flagpole and display 54
are subject to all building codes, zoning setbacks, and other 55
applicable governmental regulations, including, but not limited 56
to, noise and lighting ordinances in the county or municipality 57
in which the flagpole is erected and all setback and locational 58
criteria contained in the governing documents. 59
Section 2. Subsection (3) of section 720.3075, Florida 60
Statutes, is amended to read: 61
720.3075 Prohibited clauses in association documents. — 62
(3) Homeowners' association documents, including 63
declarations of covenants, articles of incorporation, or bylaws, 64
may not preclude the display of up to two one portable, 65
removable flags as described in s. 720.304(2)(a) United States 66
flag by property owners. However, all flags the flag must be 67
displayed in a respectful manner , consistent with the 68
requirements for the United States flag under Title 36 U.S.C. 69
chapter 10. 70
Section 3. This act shall take effect July 1, 2023. 71