Florida HB 437 (Ch. 2023-64): HOA Right to Install, Display and Store Items and Flags

Quick Answer

CS/CS/HB 437 (chapter 2023-64, Laws of Florida) did three things. It created section 720.3045, which bars a homeowners' association from restricting items on a parcel that are not visible from the parcel's frontage or an adjacent parcel. It expanded the flags an HOA member may display, including a new "first responder flag." And it added Patriot Day to the days a condominium owner may display military flags. It took effect July 1, 2023.

The one thing boards most need to know: section 720.3045 applies "regardless of any covenants, restrictions, bylaws, rules, or requirements of an association," so an older declaration rule against, for example, boats or artificial turf in a back yard is in question. Section 720.3045 was rewritten by a 2024 law, so read the current text, not only the 2023 version.

At a Glance

What the Law Says

1. New section 720.3045 (items not visible from the street)

The enrolled act created 720.3045. In its 2023 form it said that, "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."

The 2026 statute reads differently. Section 6 of chapter 2024-221 (the 2024 HOA act) amended it, per the History line. The current text says an association may not restrict items "not visible from the parcel's frontage or an adjacent parcel, an adjacent common area, or a community golf course," and its list of examples now reads "artificial turf, boats, flags, vegetable gardens, clotheslines, and recreational vehicles." The 2024 act is covered on our HB 1203 page.

2. Flags in HOAs (section 720.304(2)(a))

The act rewrote the HOA flag right as a choice of "up to two" flags, each "not larger than 4 1/2 feet by 6 feet," displayed "in a respectful manner." The current list is:

• 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.
• 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." The statute defines it as a flag that recognizes and honors the service of law enforcement officers, firefighters, paramedics or emergency medical technicians, correctional officers, 911 public safety telecommunicators, advanced practice registered nurses, licensed practical nurses or registered nurses, persons in a statewide urban search and rescue program, or federal law enforcement officers.

The flagpole paragraph (720.304(2)(b)) was also edited so that the extra flag on a freestanding flagpole of up to 20 feet can be any other flag permitted under paragraph (a). The statute states that it applies to "all community development districts and homeowners' associations."

3. Prohibited clauses (section 720.3075(3))

The act changed the HOA document rule so that documents may not preclude "the display of up to two portable, removable flags as described in s. 720.304(2)(a)," with all flags displayed respectfully, consistent with the U.S. flag requirements in 36 U.S.C. chapter 10.

4. Condominium flags (section 718.113(4))

The act added Patriot Day to the observances on which a condominium unit owner may display official armed forces flags. As enrolled, the section lets an owner display "one portable, removable United States flag in a respectful way and, on Armed Forces Day, Memorial Day, Flag Day, Independence Day, Patriot Day, and Veterans Day," official flags "not larger than 4 1/2 feet by 6 feet" representing the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, "regardless of any declaration rules or requirements dealing with flags or decorations." We did not read the current 2026 text of 718.113(4).

What This Means in Practice

For HOA boards

• Review rules on boats, trailers, turf, clotheslines, gardens and similar items. If the rule applies to items that cannot be seen from the front of the parcel, an adjacent parcel, an adjacent common area, or a golf course, section 720.3045 is the statute to check first.
• The prohibition is limited by its own words: "unless prohibited by general law or local ordinance." A county rule on boat storage, for example, is not displaced by the association statute. Our reading.
• The statute speaks to what an association may "restrict." Whether it also reaches items an owner places on an easement or in a common area depends on the facts. Open question for counsel.
• Update flag rules to match the five categories, the 4 1/2 by 6 foot size cap and the two-flag limit.

For owners

• "Not visible" is measured from specific points: the parcel's frontage, an adjacent parcel, and (since 2024) an adjacent common area or golf course. The statute does not say whether a fence, hedge or other screening counts as making an item "not visible." Open question.
• Flags are capped at two from the permitted list. The statute does not say a third flag is always barred, only that the guaranteed right covers "up to two."
• If the association blocks a flag display, 720.304(3) gives owners a court action to enjoin enforcement.

What the law does not say

• The act sets no fine or penalty on associations for violating 720.3045.
• It does not say which items count beyond its examples; the list is introduced by "including, but not limited to."
• It does not address condominiums outside the flag provisions. Section 720.3045 sits in Chapter 720.

Timeline

Related Florida Law

• Flags and displays in HOAs (720.304 and 720.3045)
• Solar collectors and clotheslines (163.04)
• HB 1203 (2024) HOA reform
• Architectural control (720.3035)
• Homeowners' Association Act (Chapter 720)
• Florida HOA laws complete guide

Board Checklist

• Pull every rule that restricts boats, RVs, turf, flags, gardens, clotheslines or stored items and flag those that apply to items not visible from the street.
• Compare each rule with the current text of 720.3045, not the 2023 version.
• Check county and city ordinances that may still restrict the same items.
• Rewrite flag rules around the five permitted categories, the two-flag limit and the 4 1/2 by 6 foot cap.
• Check that flagpole rules respect the 20-foot, sightline and easement language in 720.304(2)(b).
• For condominiums, confirm the flag rules include Patriot Day.
• Ask counsel how to handle enforcement actions pending when the rules changed.

Frequently Asked Questions

When did HB 437 take effect?

July 1, 2023, under section 5 of the enrolled act.

Can an HOA ban boats or artificial turf?

Not as to items that are not visible from the parcel's frontage or an adjacent parcel (and, in the current statute, an adjacent common area or community golf course), unless general law or local ordinance prohibits them. Boats and artificial turf are named examples in section 720.3045.

How many flags can an HOA member display?

Up to two from the list in 720.304(2)(a), each no larger than 4 1/2 feet by 6 feet. A freestanding flagpole follows its own paragraph (2)(b).

Does HB 437 apply to condominiums?

Only for flags. It added Patriot Day to the days a condominium owner may display official armed forces flags under 718.113(4). The item-storage rule is in Chapter 720.

Was section 720.3045 changed after 2023?

Yes. The History line of 720.3045 shows chapter 2024-221, section 6, and the current text adds adjacent common areas, golf courses, vegetable gardens and clotheslines.

Is there a penalty if an association ignores 720.3045?

The statute states none. Owners may be able to seek court relief; the specific remedy for 720.3045 is a question for counsel. Section 720.304(3) provides an injunction for flag and assembly rights.

Where This Comes From

We read the enrolled text of CS/CS/HB 437, the Florida Senate bill page with its history, votes and citations, and the 2026 text with History lines of sections 720.304, 720.3045 and 720.3075 on Online Sunshine. The official bill page is flsenate.gov/Session/Bill/2023/437. We did not read the current text of 718.113 or the House analyses.

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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.