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ANOTHER NEW LAW: HB 437
By
Eric Glazer, Esq.
Published June 12, 2023
I can’t tell you how may fights I have been involved in
regarding flags other than the U.S. flag flying above someone’s
home and the fact that someone put down fake grass or stored a
boat, that nobody can see, in their backyard. Well, here’s a
new statute that solves both of those problems:
Florida Statute 718.113
If any covenant, restriction, bylaw, rule, or requirement of an
association prohibits a homeowner from displaying flags
permitted under this paragraph, the homeowner may still display
one portable, removable United States flag or official flag of
the State of Florida in a respectful manner up to two of the
following, and one portable, removable flags official flag, in a
respectful manner, not 48 larger than 4 1/2 feet by 6 feet:,
which represents
1. The United States flag.
2. The official flag of the State of Florida.
3. A flag that represents the United States Army, Navy, Air
Force, Marine Corps, Space Force, or Coast Guard., or
4. A POW-MIA flag.
5. A first responder flag. A first responder flag may
incorporate the design of any other flag permitted under this
paragraph to form a combined flag. For purposes of this
subsection, the term "first responder flag" means a flag that
recognizes and honors the service of any of the following: a.
Law enforcement officers as defined in s. 943.10(1).
b. Firefighters as defined in s. 112.191(1).
c. Paramedics or emergency medical technicians as those terms
are defined in s. 112.1911(1).
d. Correctional officers as defined in s. 943.10(2).
e. 911 public safety telecommunicators as defined in s.
401.465(1).
f. Advanced practice registered nurses, licensed practical
nurses, or registered nurses as those terms are defined in s.
464.003.
g. Persons participating in a statewide urban search and rescue
program developed by the Division of Emergency Management under
s. 252.35.
h. Federal law enforcement officers as defined in 18 U.S.C. s.
115(c)(1), regardless of any covenants, restrictions, bylaws,
rules, or requirements of the association.
In addition, in an HOA, the homeowner may erect a 20 foot
flagpole on any portion of their property and fly the U.S. flag
and any of the flags mentioned above.
Florida Statute 720.3045 now states:
Regardless of any covenants, restrictions, bylaws, rules, or
requirements of an association, and unless prohibited by general
law or local ordinance, an association may not restrict parcel
owners or their tenants from installing, displaying, or storing
any items on a parcel which are not visible from the parcel's
frontage or an adjacent parcel, including, but not limited to,
artificial turf, boats, flags, and recreational vehicles.
I’m getting ready for lots of fights regarding visibility of
boats as boat owners will look to save the costs of monthly
storage.
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About
HOA & Condo Blog
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Eric Glazer graduated
from the University of Miami School of Law in 1992 after
receiving a B.A. from NYU. He has practiced community
association law for three decades and is the owner of
Glazer and Sachs, P.A. a five attorney law firm with
offices in Fort Lauderdale and Orlando.
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Eric is Board Certified by The Florida Bar in
Condominium and Planned Development Law.
Since 2009, Eric has been the host of Condo Craze
and HOAs, a weekly one hour radio show that airs at 11:00 a.m.
each Sunday on 850 WFTL.
See:
www.condocrazeandhoas.com.
Eric is the first attorney in the State of
Florida that designed a course that certifies condominium and
HOA residents as eligible to serve on a Board of Directors and
has now certified more than 20,000 Floridians all across the
state. He is certified as a Circuit Court Mediator by The
Florida Supreme Court and has mediated dozens of disputes
between associations and unit owners. Eric also devotes
significant time to advancing legislation in the best interest
of Florida community association members.
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