CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 177
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 The Committee on State Administration offered the following:
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13 Amendment (with title amendment)
14 Remove everything after the enacting clause
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16 and insert:
17 Section 1. Section 720.304, Florida Statutes, is
18 amended to read:
19 720.304 Right of owners to peaceably assemble; display
20 of flag.--
21 (1) All common areas and recreational facilities
22 serving any homeowners' association shall be available to
23 parcel owners in the homeowners' association served thereby
24 and their invited guests for the use intended for such common
25 areas and recreational facilities. The entity or entities
26 responsible for the operation of the common areas and
27 recreational facilities may adopt reasonable rules and
28 regulations pertaining to the use of such common areas and
29 recreational facilities. No entity or entities shall
30 unreasonably restrict any parcel owner's right to peaceably
31 assemble or right to invite public officers or candidates for
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File original & 9 copies 02/21/02
hsa0005 04:51 pm 00177-sa -111001
HOUSE AMENDMENT
Bill No. HB 177
Amendment No. ___ (for drafter's use only)
1 public office to appear and speak in common areas and
2 recreational facilities.
3 (2) Any homeowner may display one United States flag
4 in a respectful manner.
5 (3)(2) Any owner prevented from exercising rights
6 guaranteed by subsection (1) or subsection (2) may bring an
7 action in the appropriate court of the county in which the
8 alleged infringement occurred, and, upon favorable
9 adjudication, the court shall enjoin the enforcement of any
10 provision contained in any homeowners' association document or
11 rule that operates to deprive the owner of such rights.
12 Section 2. Subsection (3) of section 720.3075, Florida
13 Statutes, is amended to read:
14 720.3075 Prohibited clauses in association
15 documents.--
16 (3) Homeowners' association documents, including
17 declarations of covenants, articles of incorporation, or
18 bylaws, may not preclude the display of one United States flag
19 by property owners. However, the flag must be displayed in a
20 respectful manner way and may be subject to reasonable
21 standards for size, placement, and safety, as adopted by the
22 homeowners' association, consistent with Title 36 U.S.C.
23 chapter 10 and any local ordinances.
24 Section 3. This act applies retroactively.
25 Section 4. This act shall take effect upon becoming a
26 law.
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30 And the title is amended as follows:
31 On page 1, lines 2 through 4,
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File original & 9 copies 02/21/02
hsa0005 04:51 pm 00177-sa -111001
HOUSE AMENDMENT
Bill No. HB 177
Amendment No. ___ (for drafter's use only)
1 remove: all of said lines
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3 and insert:
4 An act relating to to homeowners' associations;
5 amending s. 720.304, F.S.; providing that any
6 homeowner may display a United States flag;
7 amending s. 720.3075, F.S.; prohibiting
8 association documents from placing certain
9 restrictions on the display of a United States
10 flag; providing for retroactive application of
11 the act;
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File original & 9 copies 02/21/02
hsa0005 04:51 pm 00177-sa -111001