Senate Bill sb0148c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 148
By the Committee on Comprehensive Planning, Local and Military
Affairs; and Senator Geller
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1 A bill to be entitled
2 An act relating to to homeowners' associations;
3 amending s. 720.304, F.S.; providing that any
4 homeowner may display a United States flag;
5 amending s. 720.3075, F.S.; prohibiting
6 association documents from placing certain
7 restrictions on the display of a United States
8 flag; providing for retroactive application of
9 the act; providing an effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Section 720.304, Florida Statutes, is
14 amended to read:
15 720.304 Right of owners to peaceably assemble; display
16 of flag.--
17 (1) All common areas and recreational facilities
18 serving any homeowners' association shall be available to
19 parcel owners in the homeowners' association served thereby
20 and their invited guests for the use intended for such common
21 areas and recreational facilities. The entity or entities
22 responsible for the operation of the common areas and
23 recreational facilities may adopt reasonable rules and
24 regulations pertaining to the use of such common areas and
25 recreational facilities. No entity or entities shall
26 unreasonably restrict any parcel owner's right to peaceably
27 assemble or right to invite public officers or candidates for
28 public office to appear and speak in common areas and
29 recreational facilities.
30 (2) Any homeowner may display one portable, removable
31 United States flag in a respectful manner, regardless of any
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Florida Senate - 2002 CS for SB 148
316-837-02
1 declaration rules or requirements dealing with flags or
2 decorations.
3 (3)(2) Any owner prevented from exercising rights
4 guaranteed by subsection (1) or subsection (2) may bring an
5 action in the appropriate court of the county in which the
6 alleged infringement occurred, and, upon favorable
7 adjudication, the court shall enjoin the enforcement of any
8 provision contained in any homeowners' association document or
9 rule that operates to deprive the owner of such rights.
10 Section 2. Subsection (3) of section 720.3075, Florida
11 Statutes, is amended to read:
12 720.3075 Prohibited clauses in association
13 documents.--
14 (3) Homeowners' association documents, including
15 declarations of covenants, articles of incorporation, or
16 bylaws, may not preclude the display of one portable,
17 removable United States flag by property owners. However, the
18 flag must be displayed in a respectful manner way and may be
19 subject to reasonable standards for size, placement, and
20 safety, as adopted by the homeowners' association, consistent
21 with Title 36 U.S.C. chapter 10 and any local ordinances.
22 Section 3. This act applies retroactively regardless
23 of any declaration rules or requirements of a homeowners'
24 association dealing with flags or decorations.
25 Section 4. This act shall take effect upon becoming a
26 law.
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Florida Senate - 2002 CS for SB 148
316-837-02
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 148
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4 This committee substitute differs from the bill as filed in
that it:
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- creates s. 720.304(2), F.S., to allow homeowners to
6 "display one portable, removable U. S. flag in a
respectful way regardless of any declaration rules or
7 requirements dealing with flags or decorations";
8 - amends s. 720.3075, F.S., to delete the authority of
homeowners' associations to set "reasonable standards"
9 for flag size, placement, and safety; and
10 - stipulates that the act applies retroactively.
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