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The Florida Senate

2003 Florida Statutes

SECTION 304
Right of owners to peaceably assemble; display of flag.
Section 720.304, Florida Statutes 2003

720.304  Right of owners to peaceably assemble; display of flag.--

(1)  All common areas and recreational facilities serving any homeowners' association shall be available to parcel owners in the homeowners' association served thereby and their invited guests for the use intended for such common areas and recreational facilities. The entity or entities responsible for the operation of the common areas and recreational facilities may adopt reasonable rules and regulations pertaining to the use of such common areas and recreational facilities. No entity or entities shall unreasonably restrict any parcel owner's right to peaceably assemble or right to invite public officers or candidates for public office to appear and speak in common areas and recreational facilities.

(2)  Any homeowner may display one portable, removable United States flag in a respectful manner, regardless of any declaration rules or requirements dealing with flags or decorations.

(3)  Any owner prevented from exercising rights guaranteed by subsection (1) or subsection (2) may bring an action in the appropriate court of the county in which the alleged infringement occurred, and, upon favorable adjudication, the court shall enjoin the enforcement of any provision contained in any homeowners' association document or rule that operates to deprive the owner of such rights.

History.--s. 36, ch. 92-49; s. 51, ch. 2000-258; s. 1, ch. 2002-50.

Note.--Former s. 617.304.