In Florida, your HOA cannot fine you for leaving your garbage or recycling cans at the curb within 24 hours before or after a scheduled collection time (Fla. Stat. §720.3045, as amended by HB 1203, effective July 1, 2024). Putting cans out the night before pickup and bringing them in the day of collection is protected. A fine for trash cans inside that window is improper.
What changed in 2024
Trash-can fines were among the most common complaints that drove the 2024 reforms. Owners were fined for putting cans out a few hours early, or for not bringing them back the instant the truck passed. HB 1203 drew a bright line: the 24-hour window around collection is off limits for fines.
The rule
Under the HB 1203 amendments, an association may not fine or otherwise penalize an owner for leaving garbage or trash receptacles at the curb or street within 24 hours before or after the designated collection time. That means:
- You can set your cans out the evening before pickup.
- You have until the end of the day of collection (and the reasonable window around it) to bring them back in.
- The association cannot fine you for trash cans that are simply out for a normal collection cycle.
The association can still regulate where cans are stored the rest of the time (for example, out of street view between collections), but the 24-hour collection window is protected.
How to tell if the board broke the rule
- Were your cans out within 24 hours before or after the scheduled collection time? If yes, the fine is improper.
- Did the fine punish a normal collection cycle rather than cans left out for days?
If the fine hit you inside the protected window, it does not comply with §720.3045.
The fine process still applies too
Separate from the trash-can protection, any fine still requires the full procedure: 14 days' written notice, a hearing before an independent three-member committee that must approve the fine, the $100 / $1,000 caps, and no lien under $1,000 (Fla. Stat. §720.305(2)). Even a fine for cans genuinely left out for days must clear those steps. See how to fight an HOA fine.
What to do
Step 1: Document the timing. Note when your cans went out and came in relative to collection. A photo with a timestamp helps.
Step 2: Dispute in writing. State that the cans were within the 24-hour collection window protected by Fla. Stat. §720.3045, and demand the fine be rescinded. Use the fine dispute letter.
Step 3: Escalate if needed. Follow the ladder: written dispute, then pre-suit mediation (Fla. Stat. §720.311), then small claims court. DBPR does not handle trash-can fine disputes. See who regulates HOAs in Florida.
What you can do next
- Document the timing of your cans relative to collection.
- Send the fine dispute letter citing the 24-hour protection in §720.3045.
- If unresolved, escalate to pre-suit mediation, then small claims court.