Florida Senate - 2023 CS for SB 1454 By the Committee on Regulated Industries; and Senator Gruters 580-02860-23 20231454c1 1 A bill to be entitled 2 An act relating to homeowners right to display and 3 store items; amending s. 720.304, F.S.; authorizing 4 homeowners to display no more than a certain number of 5 specified flags regardless of certain prohibitions in 6 the governing documents of the homeowners 7 association; defining the term first responder flag; 8 creating s. 720.3045, F.S.; prohibiting homeowners 9 associations from restricting parcel owners or tenants 10 from displaying items on a parcel which are not 11 visible from the parcels frontage; amending s. 12 720.3075, F.S.; prohibiting certain homeowners 13 association documents from precluding property owners 14 from displaying a certain number of specified flags; 15 requiring that such flags be displayed in a specified 16 manner; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1.Paragraphs (a) and (b) of subsection (2) of 21 section 720.304, Florida Statutes, are amended to read: 22 720.304Right of owners to peaceably assemble; display of 23 flags flag; SLAPP suits prohibited. 24 (2)(a)If any covenant, restriction, bylaw, rule, or 25 requirement of an association prohibits a homeowner from 26 displaying flags permitted under this paragraph, the Any 27 homeowner may still display one portable, removable United 28 States flag or official flag of the State of Florida in a 29 respectful manner up to two of the following, and one portable, 30 removable flags official flag, in a respectful manner, not 31 larger than 4 1/2 feet by 6 feet:, which represents 32 1.The United States flag. 33 2.The official flag of the State of Florida. 34 3.A flag that represents the United States Army, Navy, Air 35 Force, Marine Corps, Space Force, or Coast Guard., or 36 4.A POW-MIA flag. 37 5.A first responder flag. A first responder flag may 38 incorporate the design of any other flag permitted under this 39 paragraph to form a combined flag. For purposes of this 40 subsection, the term first responder flag means a flag that 41 recognizes and honors the service of any of the following: 42 a.Law enforcement officers as defined in s. 943.10(1). 43 b.Firefighters as defined in s. 112.191(1). 44 c.Paramedics or emergency medical technicians as those 45 terms are defined in s. 112.1911(1). 46 d.Correctional officers as defined in s. 943.10(2). 47 e.911 public safety telecommunicators as defined in s. 48 401.465(1). 49 f.Advanced practice registered nurses, licensed practical 50 nurses, or registered nurses as those terms are defined in s. 51 464.003. 52 g.Persons participating in a statewide urban search and 53 rescue program developed by the Division of Emergency Management 54 under s. 252.35. 55 h.Federal law enforcement officers as defined in 18 U.S.C. 56 s. 115(c)(1), regardless of any covenants, restrictions, bylaws, 57 rules, or requirements of the association. 58 (b)Regardless of any covenants, restrictions, bylaws, 59 rules, or requirements of the association, a Any homeowner may 60 erect a freestanding flagpole no more than 20 feet high on any 61 portion of the homeowners real property as long as, regardless 62 of any covenants, restrictions, bylaws, rules, or requirements 63 of the association, if the flagpole does not obstruct sightlines 64 at intersections and is not erected within or upon an easement. 65 The homeowner may further display in a respectful manner from 66 that flagpole, regardless of any covenants, restrictions, 67 bylaws, rules, or requirements of the association, one official 68 United States flag, not larger than 4 1/2 feet by 6 feet, and 69 may additionally display one other official flag permitted under 70 paragraph (a) of the State of Florida or the United States Army, 71 Navy, Air Force, Marines, Space Force, or Coast Guard, or a POW 72 MIA flag. Such additional flag must be equal in size to or 73 smaller than the United States flag. The flagpole and display 74 are subject to all building codes, zoning setbacks, and other 75 applicable governmental regulations, including, but not limited 76 to, noise and lighting ordinances in the county or municipality 77 in which the flagpole is erected and all setback and locational 78 criteria contained in the governing documents. 79 Section 2.Section 720.3045, Florida Statutes, is created 80 to read: 81 720.3045Display and storage of items.Regardless of any 82 covenants, restrictions, bylaws, rules, or requirements of the 83 association, and unless prohibited by general law or local 84 ordinance, an association may not restrict parcel owners or 85 their tenants from storing or displaying any items on a parcel 86 which are not visible from the parcels frontage or an adjacent 87 parcel, including, but not limited to, artificial turf, boats, 88 flags, and recreational vehicles. 89 Section 3.Subsection (3) of section 720.3075, Florida 90 Statutes, is amended to read: 91 720.3075Prohibited clauses in association documents. 92 (3)Homeowners association documents, including 93 declarations of covenants, articles of incorporation, or bylaws, 94 may not preclude the display of up to two one portable, 95 removable flags as described in s. 720.304(2)(a) United States 96 flag by property owners. However, all flags the flag must be 97 displayed in a respectful manner, consistent with the 98 requirements for the United States flag under Title 36 U.S.C. 99 chapter 10. 100 Section 4.This act shall take effect July 1, 2023.