Senate Bill sb0148er

    ENROLLED

    2002 Legislature                                 CS for SB 148



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  2         An act relating to to homeowners' associations;

  3         amending s. 720.304, F.S.; providing that any

  4         homeowner may display a United States flag;

  5         amending s. 720.3075, F.S.; prohibiting

  6         association documents from placing certain

  7         restrictions on the display of a United States

  8         flag; providing for retroactive application of

  9         the act; providing an effective date.

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

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13         Section 1.  Section 720.304, Florida Statutes, is

14  amended to read:

15         720.304  Right of owners to peaceably assemble; display

16  of flag.--

17         (1)  All common areas and recreational facilities

18  serving any homeowners' association shall be available to

19  parcel owners in the homeowners' association served thereby

20  and their invited guests for the use intended for such common

21  areas and recreational facilities.  The entity or entities

22  responsible for the operation of the common areas and

23  recreational facilities may adopt reasonable rules and

24  regulations pertaining to the use of such common areas and

25  recreational facilities.  No entity or entities shall

26  unreasonably restrict any parcel owner's right to peaceably

27  assemble or right to invite public officers or candidates for

28  public office to appear and speak in common areas and

29  recreational facilities.

30         (2)  Any homeowner may display one portable, removable

31  United States flag in a respectful manner, regardless of any


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    ENROLLED

    2002 Legislature                                 CS for SB 148



  1  declaration rules or requirements dealing with flags or

  2  decorations.

  3         (3)(2)  Any owner prevented from exercising rights

  4  guaranteed by subsection (1) or subsection (2) may bring an

  5  action in the appropriate court of the county in which the

  6  alleged infringement occurred, and, upon favorable

  7  adjudication, the court shall enjoin the enforcement of any

  8  provision contained in any homeowners' association document or

  9  rule that operates to deprive the owner of such rights.

10         Section 2.  Subsection (3) of section 720.3075, Florida

11  Statutes, is amended to read:

12         720.3075  Prohibited clauses in association

13  documents.--

14         (3)  Homeowners' association documents, including

15  declarations of covenants, articles of incorporation, or

16  bylaws, may not preclude the display of one portable,

17  removable United States flag by property owners. However, the

18  flag must be displayed in a respectful manner way and may be

19  subject to reasonable standards for size, placement, and

20  safety, as adopted by the homeowners' association, consistent

21  with Title 36 U.S.C. chapter 10 and any local ordinances.

22         Section 3.  This act applies retroactively regardless

23  of any declaration rules or requirements of a homeowners'

24  association dealing with flags or decorations.

25         Section 4.  This act shall take effect upon becoming a

26  law.

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