| 1 | A bill to be entitled |
| 2 | An act relating to homeowners' rights; amending s. |
| 3 | 720.304, F.S., relating to right of homeowners to |
| 4 | peaceably assemble, display specified flags and signs, |
| 5 | construct access ramps, and be protected from SLAPP suits; |
| 6 | authorizing homeowners to display certain flags in a |
| 7 | specified manner and to erect certain flagpoles for such |
| 8 | display; providing for application of the section to |
| 9 | homeowners' associations and community development |
| 10 | districts; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Subsection (2) of section 720.304, Florida |
| 15 | Statutes, is amended, and subsection (7) is added to that |
| 16 | section, to read: |
| 17 | 720.304 Right of owners to peaceably assemble; display of |
| 18 | flag; SLAPP suits prohibited; application to homeowners' |
| 19 | associations and community development districts.-- |
| 20 | (2)(a) Any homeowner may display one portable, removable |
| 21 | United States flag or official flag of the State of Florida in a |
| 22 | respectful manner, and one on Armed Forces Day, Memorial Day, |
| 23 | Flag Day, Independence Day, and Veterans Day may display in a |
| 24 | respectful manner portable, removable official flag flags, not |
| 25 | larger than 41/2 feet by 6 feet, which represents represent the |
| 26 | United States Army, Navy, Air Force, Marine Corps, or Coast |
| 27 | Guard, regardless of any covenants, restrictions, bylaws, |
| 28 | declaration rules, or requirements of the homeowners' |
| 29 | association dealing with flags or decorations. |
| 30 | (b) Any homeowner may erect a freestanding flagpole no |
| 31 | more than 20 feet in height on any portion of the homeowner's |
| 32 | real property, regardless of any covenants, restrictions, |
| 33 | bylaws, rules, or requirements of the homeowners' association, |
| 34 | provided that the flagpole does not obstruct sight lines at |
| 35 | intersections and is not erected within any easement. The |
| 36 | homeowner may display in a respectful manner from that flagpole, |
| 37 | regardless of any covenants, restrictions, bylaws, rules, or |
| 38 | requirements of the homeowners' association, one official United |
| 39 | States flag, not larger than 41/2 feet by 6 feet, and may |
| 40 | additionally display one official flag of the State of Florida, |
| 41 | the United States Army, Navy, Air Force, Marine Corps, or Coast |
| 42 | Guard, or the POW-MIA flag, which additional flag must be equal |
| 43 | in size or smaller than the United States flag. |
| 44 | (7) This section applies to all homeowners' associations, |
| 45 | whether or not such associations are authorized to impose |
| 46 | assessments that may become a lien on the parcel, and to all |
| 47 | community development districts. |
| 48 | Section 2. This act shall take effect July 1, 2008. |