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 parcel’s 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         720.304 Right 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 homeowner’s 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 parcel’s 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         720.3075 Prohibited 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.