CS/HB 857

1
A bill to be entitled
2An act relating to homeowners' rights; amending s.
3720.304, F.S., relating to right of homeowners to
4peaceably assemble, display specified flags and signs,
5construct access ramps, and be protected from SLAPP suits;
6authorizing homeowners to display certain flags in a
7specified manner and to erect certain flagpoles for such
8display; providing for application of the section to
9homeowners' associations and community development
10districts; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Subsection (2) of section 720.304, Florida
15Statutes, is amended, and subsection (7) is added to that
16section, to read:
17     720.304  Right of owners to peaceably assemble; display of
18flag; SLAPP suits prohibited; application to homeowners'
19associations and community development districts.--
20     (2)(a)  Any homeowner may display one portable, removable
21United States flag or official flag of the State of Florida in a
22respectful manner, and one on Armed Forces Day, Memorial Day,
23Flag Day, Independence Day, and Veterans Day may display in a
24respectful manner portable, removable official flag flags, not
25larger than 41/2 feet by 6 feet, which represents represent the
26United States Army, Navy, Air Force, Marine Corps, or Coast
27Guard, regardless of any covenants, restrictions, bylaws,
28declaration rules, or requirements of the homeowners'
29association dealing with flags or decorations.
30     (b)  Any homeowner may erect a freestanding flagpole no
31more than 20 feet in height on any portion of the homeowner's
32real property, regardless of any covenants, restrictions,
33bylaws, rules, or requirements of the homeowners' association,
34provided that the flagpole does not obstruct sight lines at
35intersections and is not erected within any easement. The
36homeowner may display in a respectful manner from that flagpole,
37regardless of any covenants, restrictions, bylaws, rules, or
38requirements of the homeowners' association, one official United
39States flag, not larger than 41/2 feet by 6 feet, and may
40additionally display one official flag of the State of Florida,
41the United States Army, Navy, Air Force, Marine Corps, or Coast
42Guard, or the POW-MIA flag, which additional flag must be equal
43in size or smaller than the United States flag.
44     (7)  This section applies to all homeowners' associations,
45whether or not such associations are authorized to impose
46assessments that may become a lien on the parcel, and to all
47community development districts.
48     Section 2.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.