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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
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An act relating to property owners' right to install, 2
display, and store items; amending s. 718.113, F.S.; 3
authorizing condominium unit owners to display certain 4
flags on Patriot Day; amending s. 720.304, F.S.; 5
authorizing homeowners to display a certain number of 6
specified flags regardless of certain prohibitions in 7
the governing documents of the homeowners' 8
association; defining the term "first responder flag"; 9
creating s. 720.3045, F.S.; prohibiting homeowners' 10
associations from restricting parcel owners and their 11
tenants from installing, displaying, or storing items 12
on parcels under certain circumstances; providing 13
exceptions; amending s. 720.3075, F.S.; prohibi ting 14
certain homeowners' association documents from 15
precluding property owners from displaying a certain 16
number of specified flags; requiring that such flags 17
be displayed in a specified manner; providing an 18
effective date. 19
20
Be It Enacted by the Legisla ture of the State of Florida: 21
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Section 1. Subsection (4) of section 718.113, Florida 23
Statutes, is amended to read: 24
718.113 Maintenance; limitation upon improvement; display 25
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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
of flag; hurricane shutters and protection; display of religious 26
decorations.— 27
(4) Any unit owner may display one portable, removable 28
United States flag in a respectful way and, on Armed Forces Day, 29
Memorial Day, Flag Day, Independence Day, Patriot Day, and 30
Veterans Day, may display in a respectful way portable, 31
removable official flags, not larger than 4 1/2 feet by 6 feet, 32
that represent the United States Army, Navy, Air Force, Marine 33
Corps, Space Force, or Coast Guard, regardless of any 34
declaration rules or requirements dealing with flags or 35
decorations. 36
Section 2. Paragraphs (a) and (b) of subsection (2) of 37
section 720.304, Florida Statutes, are amended to read: 38
720.304 Right of owners to peaceably assemble; display of 39
flags flag; SLAPP suits prohibited. — 40
(2)(a) If any covenant, restriction, bylaw, rule, or 41
requirement of an association prohibits a homeowner from 42
displaying flags permitted under this paragraph, the Any 43
homeowner may still display one portable, removable United 44
States flag or official flag of the State of Florida in a 45
respectful manner up to two of the following, and one portable, 46
removable flags official flag, in a respectful manner, not 47
larger than 4 1/2 feet by 6 feet :, which represents 48
1. The United States flag. 49
2. The official flag of the State of Florida. 50
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3. A flag that represents the United States Army, Navy, 51
Air Force, Marine Corps, Space Force, or Coast Guard ., or 52
4. A POW-MIA flag. 53
5. A first responder flag. A first responder flag may 54
incorporate the design of any other flag permitted under this 55
paragraph to form a combined flag. For pu rposes of this 56
subsection, the term "first responder flag" means a flag that 57
recognizes and honors the service of any of the following: 58
a. Law enforcement officers as defined in s. 943.10(1). 59
b. Firefighters as defined in s. 112.191(1). 60
c. Paramedics or emergency medical technicians as those 61
terms are defined in s. 112.1911(1). 62
d. Correctional officers as defined in s. 943.10(2). 63
e. 911 public safety telecommunicators as defined in s. 64
401.465(1). 65
f. Advanced practice registered nur ses, licensed practical 66
nurses, or registered nurses as those terms are defined in s. 67
464.003. 68
g. Persons participating in a statewide urban search and 69
rescue program developed by the Division of Emergency Management 70
under s. 252.35. 71
h. Federal law enforcement officers as defined in 18 72
U.S.C. s. 115(c)(1), regardless of any covenants, restrictions, 73
bylaws, rules, or requirements of the association . 74
(b) Regardless of any covenants, restrictions, bylaws, 75
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rules, or requirements of the association, a Any homeowner may 76
erect a freestanding flagpole no more than 20 feet high on any 77
portion of the homeowner's real property as long as, regardless 78
of any covenants, restrictions, bylaws, rules, or requirements 79
of the association, if the flagpole does not obstruc t sightlines 80
at intersections and is not erected within or upon an easement. 81
The homeowner may further display in a respectful manner from 82
that flagpole, regardless of any covenants, restrictions, 83
bylaws, rules, or requirements of the association, one official 84
United States flag, not larger than 4 1/2 feet by 6 feet, and 85
may additionally display one other official flag permitted under 86
paragraph (a) of the State of Florida or the United States Army, 87
Navy, Air Force, Marines, Space Force, or Coast Gu ard, or a POW-88
MIA flag. Such additional flag must be equal in size to or 89
smaller than the United States flag. The flagpole and display 90
are subject to all building codes, zoning setbacks, and other 91
applicable governmental regulations, including, but not lim ited 92
to, noise and lighting ordinances in the county or municipality 93
in which the flagpole is erected and all setback and locational 94
criteria contained in the governing documents. 95
Section 3. Section 720.3045, Florida Statutes, is created 96
to read: 97
720.3045 Installation, display, and storage of items. —98
Regardless of any covenants, restrictions, bylaws, rules, or 99
requirements of an association, and unless prohibited by general 100
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law or local ordinance, an association may not restrict parcel 101
owners or their tenants from installing, displaying, or storing 102
any items on a parcel which are not visible from the parcel's 103
frontage or an adjacent parcel, including, but not limited to, 104
artificial turf, boats, flags, and recreational vehicles. 105
Section 4. Subsection (3) of section 720.3075, Florida 106
Statutes, is amended to read: 107
720.3075 Prohibited clauses in association documents. — 108
(3) Homeowners' association documents, including 109
declarations of covenants, articles of incorporation, or bylaws, 110
may not preclude the display of up to two one portable, 111
removable flags as described in s. 720.304(2)(a) United States 112
flag by property owners. However, all flags the flag must be 113
displayed in a respectful manner , consistent with the 114
requirements for the United States flag u nder Title 36 U.S.C. 115
chapter 10. 116
Section 5. This act shall take effect July 1, 2023. 117