Florida Statewide Rule
Florida Political Sign Rules and HOA Preemption Limits
Key Facts
- HOA flag protection
- F.S. 720.304(2)
- Candidate sign cleanup
- F.S. 106.1435
- State right-of-way ban
- F.S. 479.11
- Local authority
- Time, place, manner only
Summary
Florida has no statewide statute that fully preempts municipal regulation of political signs on private property, but F.S. 720.304(2) protects homeowners' rights to display one portable, removable U.S. flag and certain other displays despite HOA covenants. Cities still set time, place, and manner rules.
F.S. 106.1435 106.1435 Usage and removal of political campaign advertisements. — (1) Each candidate, whether for a federal, state, county, or district office, shall make a good faith effort to remove all of his or her political campaign advertisements within 30 days after: (a) Withdrawal of his or her candidacy; (b) Having been eliminated as a candidate; or (c) Being elected to office. However, a candidate is not expected to remove those political campaign advertisements which are in the form of signs used by an outdoor advertising business as provided in chapter 479. The provisions herein do not apply to political campaign advertisements placed on motor vehicles or to campaign messages designed to be worn by persons. (2) If political campaign advertisements are not removed within the specified period, the political subdivision or governmental entity has the authority to remove such advertisements and may charge the candidate the actual cost for such removal. Funds collected for removing such advertisements shall be deposited to the general revenue of the political subdivision. (3) Pursuant to chapter 479, no political campaign advertisements shall be erected, posted, painted, tacked, nailed, or otherwise displayed, placed, or located on or above any state or county road right-of-way. (4) The officer before whom a candidate qualifies for office shall notify the candidate, in writing, of the provisions in this section.
Full Breakdown
Florida law does not broadly preempt local political sign ordinances; cities and counties may impose content-neutral time, place, and manner regulations consistent with the First Amendment and Reed v. Town of Gilbert. However, F.S. 720.304(2) limits homeowners' association restrictions on certain displays, including the U.S. flag and military flags, and F.S. 106.1435 governs candidate sign removal after elections. Election-related sign placement in public rights-of-way is generally prohibited by F.S. 479.11 (outdoor advertising on state highways) and FDOT rules. Political signs on private property within municipal jurisdiction remain subject to local size, setback, and duration rules unless those rules discriminate based on content.
Violations & Penalties
Local ordinance violations typically result in civil code-enforcement fines. F.S. 479 violations on state rights-of-way authorize FDOT removal and fines up to $100 per sign per day.
Frequently Asked Questions
Can my Florida HOA ban political yard signs?
Can I place a campaign sign on a Florida highway?
Must campaign signs be removed after the election?
Sources
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