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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.

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

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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.