Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. CS for SB 1378
861104
Senate
Comm: FAV
4/1/2008
Floor: 1/AD/2R
4/10/2008 12:34 PM
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House
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The Committee on Military Affairs and Domestic Security (Dean)
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recommended the 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. Subsection (2) of section 720.304, Florida
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Statutes, is amended to read:
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720.304 Right of owners to peaceably assemble; display of
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flag; SLAPP suits prohibited.--
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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, in a
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respectful manner, not larger than 4 1/2 feet by 6 feet, which
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represents represent the United States Army, Navy, Air Force,
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Marine Corps, or Coast Guard, or a POW-MIA flag, regardless of
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any covenants, restrictions, bylaws, declaration rules, or
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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 more
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than 20 feet high on any portion of the homeowner's real
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property, regardless of any covenants, restrictions, bylaws,
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rules, or requirements of the association, if the flagpole does
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not obstruct sightlines at intersections and is not erected
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within or upon an easement. The homeowner may further display in
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a respectful manner from that flagpole, regardless of any
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covenants, restrictions, bylaws, rules, or requirements of the
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association, one official United States flag, not larger than 4
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1/2 feet by 6 feet, and may additionally display one official
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flag of the State of Florida or the United States Army, Navy, Air
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Force, Marines, or Coast Guard, or a POW-MIA flag. Such
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additional flag must be equal in size to or smaller than the
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United States flag.
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(c) This subsection applies to all community development
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districts and homeowners' associations, regardless of whether
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such homeowners' associations are authorized to impose
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assessments that may become a lien on the parcel.
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Section 2. Subsection (3) is added to section 723.075,
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Florida Statutes, to read:
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723.075 Homeowners' associations.--
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(3) Notwithstanding subsection (1), if a portion of the
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park contains concrete block homes occupying lots under 99-year
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leases, those homeowners may be part of the association and may
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serve on the board of directors of the association based on the
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percentage of lots containing concrete block homes to the total
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number of mobile home lots in the park.
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Section 3. 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 rights of homeowners; amending s.
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720.304, F.S.; authorizing a homeowner to display
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certain types of flags in a respectful manner on his or
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her property, regardless of any covenants,
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restrictions, bylaws, rules, or requirements of the
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parcel owner's homeowners' association; providing a
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list of flags that may be displayed; providing size
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limitations for such flags; authorizing a homeowner to
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erect a flagpole meeting specified requirements on his
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or her property; authorizing a homeowner to display
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certain flags from such flagpole; providing
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restrictions; providing for the application of such
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provisions related to the display of flags and
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construction of a flagpole; amending s. 723.075, F.S.;
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providing that certain homeowners may be part of the
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homeowners' association and may serve on the board of
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directors of the association under certain
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circumstances; providing an effective date.
3/28/2008 11:38:00 AM 3-05463A-08
CODING: Words stricken are deletions; words underlined are additions.