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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 that such

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provisions apply to nonmandatory homeowners' associations

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and community development districts; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 720.304, Florida Statutes, is amended to

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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 and community development districts.--

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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 may

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adopt reasonable rules and regulations pertaining to the use of

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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 more

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than 20 feet in height 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, provided that the

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flagpole does not obstruct sight lines at intersections and is

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not erected within an easement. The homeowner may further display

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in 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, Marine Corps, or Coast Guard or the POW-MIA flag, which

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additional flag must be equal in size or smaller than the United

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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 infringement

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occurred, and, upon favorable adjudication, the court shall

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enjoin the enforcement of any provision contained in any

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homeowners' association document or rule that operates to deprive

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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 their

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representatives and petition for redress of grievances before the

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various governmental entities of this state as protected by the

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

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I of the State Constitution. The Legislature recognizes that

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"Strategic Lawsuits Against Public Participation" or "SLAPP"

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suits, as they are typically called, have occurred when members

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are sued by individuals, business entities, or governmental

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entities arising out of a parcel owner's appearance and

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presentation before a governmental entity on matters related to

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the homeowners' association. However, it is the public policy of

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this state that government entities, business organizations, and

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individuals not engage in SLAPP suits because such actions are

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inconsistent with the right of parcel owners to participate in

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the state's institutions of government. Therefore, the

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Legislature finds and declares that prohibiting such lawsuits by

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governmental entities, business entities, and individuals against

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parcel owners who address matters concerning their homeowners'

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association will preserve this fundamental state policy, preserve

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the constitutional rights of parcel owners, and assure the

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continuation of representative government in this state. It is

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the intent of the Legislature that such lawsuits be expeditiously

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disposed of by 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, districts,

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authorities, boards, or commissions, or any agencies of these

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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 in

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

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for an order dismissing the action or granting final judgment in

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favor of that parcel owner. The petitioner may file a motion for

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summary judgment, together with supplemental affidavits, seeking

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a determination that the governmental entity's, business

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organization's, or individual's lawsuit has been brought in

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violation of this section. The governmental entity, business

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organization, or individual shall thereafter file its response

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and any supplemental affidavits. As soon as practicable, the

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court shall set a hearing on the petitioner's motion, which shall

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be held at the earliest possible time after the filing of the

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governmental entity's, business organization's or individual's

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response. The court may award the parcel owner sued by the

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governmental entity, business organization, or individual actual

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damages arising from the governmental entity's, individual's, or

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business organization's violation of this section. A court may

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treble the damages awarded to a prevailing parcel owner and shall

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state the basis for the treble damages award in its judgment. The

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court shall award the prevailing party reasonable attorney's fees

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and costs incurred in connection with a claim that an action was

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filed in violation 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 designed

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to blend in aesthetically as practicable, and be reasonably sized

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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 homeowners'

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associations, whether or not such associations are authorized to

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impose assessments that may become a lien on the parcel, and to

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all community development districts.

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