| 1 | Representative Nehr offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Subsection (2) of section 720.304, Florida |
| 6 | Statutes, is amended to read: |
| 7 | 720.304 Right of owners to peaceably assemble; display of |
| 8 | flag; SLAPP suits prohibited.-- |
| 9 | (2)(a) Any homeowner may display one portable, removable |
| 10 | United States flag or official flag of the State of Florida in a |
| 11 | respectful manner, and one on Armed Forces Day, Memorial Day, |
| 12 | Flag Day, Independence Day, and Veterans Day may display in a |
| 13 | respectful manner portable, removable official flag flags, in a |
| 14 | respectful manner, not larger than 4 1/2 feet by 6 feet, which |
| 15 | represents represent the United States Army, Navy, Air Force, |
| 16 | Marine Corps, or Coast Guard, or a POW-MIA flag, regardless of |
| 17 | any covenants, restrictions, bylaws, declaration rules, or |
| 18 | requirements of the association dealing with flags or |
| 19 | decorations. |
| 20 | (b) Any homeowner may erect a freestanding flagpole no |
| 21 | more than 20 feet high on any portion of the homeowner's real |
| 22 | property, regardless of any covenants, restrictions, bylaws, |
| 23 | rules, or requirements of the association, if the flagpole does |
| 24 | not obstruct sightlines at intersections and is not erected |
| 25 | within or upon an easement. The homeowner may further display in |
| 26 | a respectful manner from that flagpole, regardless of any |
| 27 | covenants, restrictions, bylaws, rules, or requirements of the |
| 28 | association, one official United States flag, not larger than 4 |
| 29 | 1/2 feet by 6 feet, and may additionally display one official |
| 30 | flag of the State of Florida or the United States Army, Navy, |
| 31 | Air Force, Marines, or Coast Guard, or a POW-MIA flag. Such |
| 32 | additional flag must be equal in size to or smaller than the |
| 33 | United States flag. |
| 34 | (c) This subsection applies to all community development |
| 35 | districts and homeowners' associations, regardless of whether |
| 36 | such homeowners' associations are authorized to impose |
| 37 | assessments that may become a lien on the parcel. |
| 38 | Section 2. Subsection (3) is added to section 723.075, |
| 39 | Florida Statutes, to read: |
| 40 | 723.075 Homeowners' associations.-- |
| 41 | (3) Notwithstanding subsection (1), if a portion of the |
| 42 | park contains concrete block homes occupying lots under 99-year |
| 43 | leases, those homeowners may be part of the association and may |
| 44 | serve on the board of directors of the association based on the |
| 45 | percentage of lots containing concrete block homes to the total |
| 46 | number of mobile home lots in the park. |
| 47 | Section 3. This act shall take effect July 1, 2008. |
| 48 |
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| 49 |
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| 50 | ----------------------------------------------------- |
| 51 | T I T L E A M E N D M E N T |
| 52 | Remove the entire title and insert: |
| 53 | A bill to be entitled |
| 54 | An act relating to rights of homeowners; amending s. |
| 55 | 720.304, F.S.; authorizing a homeowner to display |
| 56 | certain types of flags in a respectful manner on his |
| 57 | or her property, regardless of any covenants, |
| 58 | restrictions, bylaws, rules, or requirements of the |
| 59 | parcel owner's homeowners' association; providing a |
| 60 | list of flags that may be displayed; providing size |
| 61 | limitations for such flags; authorizing a homeowner to |
| 62 | erect a flagpole meeting specified requirements on his |
| 63 | or her property; authorizing a homeowner to display |
| 64 | certain flags from such flagpole; providing |
| 65 | restrictions; providing for the application of such |
| 66 | provisions related to the display of flags and |
| 67 | construction of a flagpole; amending s. 723.075, F.S.; |
| 68 | providing that certain homeowners may be part of the |
| 69 | homeowners' association and may serve on the board of |
| 70 | directors of the association under certain |
| 71 | circumstances; providing an effective date. |