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The Committee on Community Affairs (Wise) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Section 720.304, Florida Statutes, is amended

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to read:

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     720.304  Right of owners to peaceably assemble; display of

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flag; SLAPP suits prohibited, application to nonmandatory

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homeowners' associations.--

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     (1)  All common areas and recreational facilities serving

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any homeowners' association shall be available to parcel owners

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in the homeowners' association served thereby and their invited

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guests for the use intended for such common areas and

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recreational facilities. The entity or entities responsible for

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the operation of the common areas and recreational facilities

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may adopt reasonable rules and regulations pertaining to the use

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of such common areas and recreational facilities. No entity or

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entities shall unreasonably restrict any parcel owner's right to

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peaceably assemble or right to invite public officers or

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candidates for public office to appear and speak in common areas

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and recreational facilities.

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     (2)(a) Any homeowner may display one portable, removable

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United States flag or official flag of the State of Florida in a

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respectful manner, and one on Armed Forces Day, Memorial Day,

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Flag Day, Independence Day, and Veterans Day may display in a

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respectful manner portable, removable official flag flags, not

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larger than 4 1/2 feet by 6 feet, which represent the United

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States Army, Navy, Air Force, Marine Corps, or Coast Guard,

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regardless of any covenants, restrictions, bylaws, declaration

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rules, or requirements of the association dealing with flags or

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decorations.

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     (b) Any homeowner may erect a freestanding flagpole no

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more than 20 feet in height on any portion of the homeowner's

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real property, regardless of any covenants, restrictions,

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bylaws, rules, or requirements of the association, provided that

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the flagpole does not obstruct sight lines at intersections and

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is not erected within any easement. The homeowner may further

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display in a respectful manner from that flagpole, regardless of

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any covenants, restrictions, bylaws, rules, or requirements of

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the association, one official United States flag, not larger

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than 4 1/2 feet by 6 feet, and may additionally display one

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official flag of the State of Florida, the United States Army,

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Navy, Air Force, Marine Corps, or Coast Guard, or the POW-MIA

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flag, which additional flag must be equal in size or smaller

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than the United States flag.

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     (3)  Any owner prevented from exercising rights guaranteed

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by subsection (1) or subsection (2) may bring an action in the

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appropriate court of the county in which the alleged

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infringement occurred, and, upon favorable adjudication, the

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court shall enjoin the enforcement of any provision contained in

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any homeowners' association document or rule that operates to

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deprive the owner of such rights.

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     (4)  It is the intent of the Legislature to protect the

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right of parcel owners to exercise their rights to instruct

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their representatives and petition for redress of grievances

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before the various governmental entities of this state as

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protected by the First Amendment to the United States

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Constitution and s. 5, Art. I of the State Constitution. The

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Legislature recognizes that "Strategic Lawsuits Against Public

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Participation" or "SLAPP" suits, as they are typically called,

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have occurred when members are sued by individuals, business

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entities, or governmental entities arising out of a parcel

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owner's appearance and presentation before a governmental entity

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on matters related to the homeowners' association. However, it

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is the public policy of this state that government entities,

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business organizations, and individuals not engage in SLAPP

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suits because such actions are inconsistent with the right of

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parcel owners to participate in the state's institutions of

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government. Therefore, the Legislature finds and declares that

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prohibiting such lawsuits by governmental entities, business

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entities, and individuals against parcel owners who address

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matters concerning their homeowners' association will preserve

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this fundamental state policy, preserve the constitutional

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rights of parcel owners, and assure the continuation of

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representative government in this state. It is the intent of the

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Legislature that such lawsuits be expeditiously disposed of by

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the courts.

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     (a)  As used in this subsection, the term "governmental

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entity" means the state, including the executive, legislative,

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and judicial branches of government, the independent

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establishments of the state, counties, municipalities,

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districts, authorities, boards, or commissions, or any agencies

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of these branches which are subject to chapter 286.

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     (b)  A governmental entity, business organization, or

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individual in this state may not file or cause to be filed

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through its employees or agents any lawsuit, cause of action,

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claim, cross-claim, or counterclaim against a parcel owner

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without merit and solely because such parcel owner has exercised

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the right to instruct his or her representatives or the right to

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petition for redress of grievances before the various

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governmental entities of this state, as protected by the First

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Amendment to the United States Constitution and s. 5, Art. I of

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the State Constitution.

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     (c)  A parcel owner sued by a governmental entity, business

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organization, or individual in violation of this section has a

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right to an expeditious resolution of a claim that the suit is

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in violation of this section. A parcel owner may petition the

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court for an order dismissing the action or granting final

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judgment in favor of that parcel owner. The petitioner may file

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a motion for summary judgment, together with supplemental

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affidavits, seeking a determination that the governmental

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entity's, business organization's, or individual's lawsuit has

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been brought in violation of this section. The governmental

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entity, business organization, or individual shall thereafter

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file its response and any supplemental affidavits. As soon as

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practicable, the court shall set a hearing on the petitioner's

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motion, which shall be held at the earliest possible time after

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the filing of the governmental entity's, business organization's

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or individual's response. The court may award the parcel owner

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sued by the governmental entity, business organization, or

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individual actual damages arising from the governmental

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entity's, individual's, or business organization's violation of

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this section. A court may treble the damages awarded to a

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prevailing parcel owner and shall state the basis for the treble

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damages award in its judgment. The court shall award the

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prevailing party reasonable attorney's fees and costs incurred

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in connection with a claim that an action was filed in violation

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of this section.

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     (d)  Homeowners' associations may not expend association

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funds in prosecuting a SLAPP suit against a parcel owner.

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     (5)(a)  Any parcel owner may construct an access ramp if a

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resident or occupant of the parcel has a medical necessity or

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disability that requires a ramp for egress and ingress under the

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following conditions:

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     1.  The ramp must be as unobtrusive as possible, be

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designed to blend in aesthetically as practicable, and be

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reasonably sized to fit the intended use.

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     2.  Plans for the ramp must be submitted in advance to the

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homeowners' association. The association may make reasonable

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requests to modify the design to achieve architectural

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consistency with surrounding structures and surfaces.

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     (b)  The parcel owner must submit to the association an

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affidavit from a physician attesting to the medical necessity or

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disability of the resident or occupant of the parcel requiring

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the access ramp. Certification used for s. 320.0848 shall be

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sufficient to meet the affidavit requirement.

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     (6)  Any parcel owner may display a sign of reasonable size

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provided by a contractor for security services within 10 feet of

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any entrance to the home.

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     (7) The provisions of this section apply to all

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homeowners' associations, whether or not such associations are

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authorized to impose assessments that may become a lien on the

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parcel. The provisions of this section apply to a community

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development district.

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     Section 2.  This act shall take effect July 1, 2008.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to the display of flags; amending s.

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720.304, F.S.; authorizing homeowners to display certain

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flags in a specified manner; providing for application of

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section to nonmandatory homeowners' associations and

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community development districts; providing an effective

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date.

3/10/2008  7:07:00 PM     578-04123B-08