Florida Statutes 720.304 and 720.3045: HOA Flags, Flagpoles and Items Not Visible

Quick Answer

Two Florida homeowners' association statutes protect what owners may display and keep on their lots. Section 720.304 lets owners display up to two listed flags, erect a flagpole up to 20 feet high, use common areas to peaceably assemble, build a medically necessary access ramp, and post a security sign. Section 720.3045 bars an HOA from restricting items that are "not visible from the parcel's frontage or an adjacent parcel, an adjacent common area, or a community golf course," including artificial turf, boats, flags, vegetable gardens, clotheslines and recreational vehicles.

Section 720.3045 was created by chapter 2023-64 (HB 437), effective July 1, 2023. The key limit for boards: these protections apply "regardless of any covenants, restrictions, bylaws, rules, or requirements."

At a Glance

What the Law Says

Flags, subsection 720.304(2)(a)

If a covenant, restriction, bylaw, rule or requirement prohibits flags, the homeowner "may still display in a respectful manner up to two of the following portable, removable flags, not larger than 4 1/2 feet by 6 feet":

• the United States flag;
• the official flag of the State of Florida;
• a flag representing the U.S. Army, Navy, Air Force, Marine Corps, Space Force or Coast Guard;
• a POW-MIA flag; or
• a first responder flag, which may incorporate the design of any other permitted flag.

"First responder flag" means a flag honoring law enforcement officers, firefighters, paramedics and EMTs, correctional officers, 911 public safety telecommunicators, advanced practice registered nurses, licensed practical nurses and registered nurses, persons in a statewide urban search and rescue program, and federal law enforcement officers as defined in 18 U.S.C. 115(c)(1).

Flagpoles, paragraph 720.304(2)(b)

"Regardless of any covenants, restrictions, bylaws, rules, or requirements of the association," a homeowner may erect a freestanding flagpole no more than 20 feet high on the homeowner's real property if it does not obstruct sightlines at intersections and is not in or on an easement. The owner may display one official U.S. flag up to 4 1/2 by 6 feet and one other permitted flag equal in size or smaller. The pole and display remain subject to building codes, zoning setbacks and other government regulations (including noise and lighting ordinances) and "all setback and locational criteria contained in the governing documents."

Assembly, subsection 720.304(1)

Common areas and recreational facilities are available to parcel owners and their invited guests "for the use intended." The association may adopt reasonable rules, but may not "unreasonably restrict any parcel owner's right to peaceably assemble or right to invite public officers or candidates for public office to appear and speak."

SLAPP suits, subsection 720.304(4)

A governmental entity, business organization or individual may not file a lawsuit "without merit and solely because" a parcel owner exercised the right to petition government. A sued owner may petition for dismissal or final judgment, the court may award actual damages and "may treble the damages," and the court "shall award the prevailing party reasonable attorney's fees and costs." Associations "may not expend association funds in prosecuting a SLAPP suit against a parcel owner."

Access ramps and security signs, subsections 720.304(5) and (6)

An owner may build an access ramp if a resident or occupant has a medical necessity or disability requiring it. The ramp must be "as unobtrusive as possible," plans must be submitted to the association in advance, the association may make "reasonable requests to modify the design," and the owner must submit a physician's affidavit (certification used for s. 320.0848 suffices). Any owner may display a security-service sign "of reasonable size" within 10 feet of any entrance to the home.

Items not visible, section 720.3045

"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 owners or their tenants from installing, displaying or storing items "which are not visible from the parcel's frontage or an adjacent parcel, an adjacent common area, or a community golf course."

What This Means in Practice

For boards

Our reading: the flag rule in 720.304(2)(a) is a floor, not a ceiling. It overrides a prohibition, but the text is limited to two flags from the listed categories, each no larger than 4 1/2 by 6 feet. Rules on other flags (for example, team or decorative flags) are not addressed by that paragraph. The flagpole paragraph expressly preserves local codes and the governing documents' setback and location criteria.

Our reading: 720.3045 turns on visibility. The statute lists "including, but not limited to" examples, so the list is illustrative. An item visible from the frontage, an adjacent parcel, an adjacent common area, or a golf course is outside this section's protection, though other law may still apply.

For owners

An owner who believes a rule conflicts with 720.304(1) or (2) has a stated court remedy in 720.304(3). Section 720.3045 states none, so whether a court would fashion a similar remedy is an open question for counsel.

What the statutes do not say

• Neither section sets a fine or penalty for associations.
• Section 720.3045 does not define "visible" or "frontage."
• Section 720.3045 does not say whether it overrides a restriction recorded before 2023. The text says "regardless of any covenants," but a court would decide that question.

Condominiums

HB 437 also amended s. 718.113 (condominium flag display) and s. 720.3075, according to its bill page citations. Condominium rules are a separate analysis.

Timeline

Related Florida Law

• Chapter 720, Homeowners' Association Act
• HB 437 (2023)
• SB 438 (2022)
• Fla. Stat. § 163.04, solar clotheslines
• Fla. Stat. § 720.3035, architectural control
• Fla. Stat. § 720.305, fines and suspensions
• HB 1203 (2024)

Board Checklist

• Compare every flag and display rule to the two-flag, size and category limits in 720.304(2).
• Review flagpole rules against the 20-foot cap, sightline, easement and local-code language.
• Audit rules on turf, boats, RVs, clotheslines, gardens and flags for a "not visible" exception.
• Adopt a simple ramp review process: advance plans, design requests, physician affidavit.
• Confirm common-area rules do not unreasonably restrict assembly or candidate appearances.
• Do not spend association funds on a lawsuit that targets an owner's petitioning activity.
• Have counsel review enforcement letters that cite rules these sections may override.

Frequently Asked Questions

How many flags can a Florida HOA owner display?

Up to two of the listed portable, removable flags, each no larger than 4 1/2 by 6 feet, even if the rules prohibit flags.

Which flags are covered?

U.S., Florida, a flag of the Army, Navy, Air Force, Marine Corps, Space Force or Coast Guard, POW-MIA, and a first responder flag.

Can an HOA ban a flagpole?

Not a qualifying one. An owner may erect a freestanding pole up to 20 feet, subject to sightlines, easements, building codes, zoning and local ordinances.

Can an HOA ban artificial turf, boats or RVs?

Not if they are not visible from the parcel's frontage, an adjacent parcel, an adjacent common area, or a community golf course, unless general law or local ordinance prohibits.

What if my HOA enforces a rule that conflicts with 720.304?

Subsection (3) allows a court action, and on favorable adjudication the court "shall enjoin the enforcement" of the provision.

Does an HOA need to approve an access ramp?

The owner must submit plans in advance and a physician's affidavit. The association may request design changes for consistency, but the statute lets "any parcel owner" build a qualifying ramp.

Can an owner be sued for speaking at a government meeting?

The statute bars meritless suits brought solely because an owner petitioned government, and provides dismissal, damages and attorney's fees remedies.

Where This Comes From

We read the full current text and History lines of Fla. Stat. §§ 720.304 and 720.3045 on the Florida Legislature's Online Sunshine site, and the bill pages for SB 438 (2022) and HB 437 (2023) on flsenate.gov. The official text is at leg.state.fl.us.

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Florida attorney before acting.