Bill Summary – FastDemocracy

       Florida Senate - 2022                                    SB 1716
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-01166B-22                                          20221716__
                      A bill to be entitled                      
       An act relating to display of flags in residential
       associations; amending s. 718.113, F.S.; authorizing
       unit owners of a condominium to display no more than a
       certain number of specified flags regardless of
       certain prohibitions in the governing documents of the
       condominium association; removing a limitation
       relating to flying flags only on specified days;
       defining the term âfirst responder flagâ; authorizing
       a civil cause of action; entitling prevailing parties
       to attorney fees and costs in such actions; amending
       s. 720.304, F.S.; authorizing homeowners to display
       specified flags regardless of certain prohibitions in
       the governing documents of the homeownersâ
       association; defining the term âfirst responder flagâ;
       entitling prevailing parties to attorney fees and
       costs in specified actions; amending s. 720.3075,
       F.S.; prohibiting certain homeownersâ association
       documents from precluding property owners from
       displaying certain flags; requiring that such flags be
       displayed in a specified manner; providing an
       effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1.âSection 718.113, Florida Statutes, is amended to
read:
       718.113âMaintenance; limitation upon improvement; display
of flags flag; hurricane shutters and protection; display of
religious decorations.â
       (1)âMaintenance of the common elements is the
responsibility of the association. The declaration may provide
that certain limited common elements shall be maintained by
those entitled to use the limited common elements or that the
association shall provide the maintenance, either as a common
expense or with the cost shared only by those entitled to use
the limited common elements. If the maintenance is to be by the
association at the expense of only those entitled to use the
limited common elements, the declaration shall describe in
detail the method of apportioning such costs among those
entitled to use the limited common elements, and the association
may use the provisions of s. 718.116 to enforce payment of the
shares of such costs by the unit owners entitled to use the
limited common elements.
       (2)(a)âExcept as otherwise provided in this section, there
shall be no material alteration or substantial additions to the
common elements or to real property which is association
property, except in a manner provided in the declaration as
originally recorded or as amended under the procedures provided
therein. If the declaration as originally recorded or as amended
under the procedures provided therein does not specify the
procedure for approval of material alterations or substantial
additions, 75 percent of the total voting interests of the
association must approve the alterations or additions before the
material alterations or substantial additions are commenced.
This paragraph is intended to clarify existing law and applies
to associations existing on July 1, 2018.
       (b)âThere shall not be any material alteration of, or
substantial addition to, the common elements of any condominium
operated by a multicondominium association unless approved in
the manner provided in the declaration of the affected
condominium or condominiums as originally recorded or as amended
under the procedures provided therein. If a declaration as
originally recorded or as amended under the procedures provided
therein does not specify a procedure for approving such an
alteration or addition, the approval of 75 percent of the total
voting interests of each affected condominium is required before
the material alterations or substantial additions are commenced.
This subsection does not prohibit a provision in any
declaration, articles of incorporation, or bylaws as originally
recorded or as amended under the procedures provided therein
requiring the approval of unit owners in any condominium
operated by the same association or requiring board approval
before a material alteration or substantial addition to the
common elements is permitted. This paragraph is intended to
clarify existing law and applies to associations existing on
July 1, 2018.
       (c)âThere shall not be any material alteration or
substantial addition made to association real property operated
by a multicondominium association, except as provided in the
declaration, articles of incorporation, or bylaws as originally
recorded or as amended under the procedures provided therein. If
the declaration, articles of incorporation, or bylaws as
originally recorded or as amended under the procedures provided
therein do not specify the procedure for approving an alteration
or addition to association real property, the approval of 75
percent of the total voting interests of the association is
required before the material alterations or substantial
additions are commenced. This paragraph is intended to clarify
existing law and applies to associations existing on July 1,
2018.
       (3)âA unit owner shall not do anything within his or her
unit or on the common elements which would adversely affect the
safety or soundness of the common elements or any portion of the
association property or condominium property which is to be
maintained by the association.
       (4)(a)âIf any covenant, restriction, bylaw, rule, or
requirement of an association prohibits a unit owner from
displaying flags listed in subparagraphs 1.-5., the Any unit
owner may still display one portable, removable United States
flag in a respectful manner, up to two of the following way and,
on Armed Forces Day, Memorial Day, Flag Day, Independence Day,
and Veterans Day, may display in a respectful way portable,
removable official flags, not larger than 4 1/2 feet by 6 feet:,
that represent
       1.âThe United States flag.
       2.âThe official flag of the State of Florida.
       3.âA flag that represents the United States Army, Navy, Air
Force, Marine Corps, or Coast Guard, or Space Force.
       4.âA POW-MIA flag.
       5.âA first responder flag. A first responder flag may
incorporate the design of any other flag permitted under this
paragraph to form a combined flag. For purposes of this
subsection, the term âfirst responder flagâ means a flag that
recognizes and honors the services of any of the following:
       a.âLaw enforcement officers, as defined in s. 943.10(1),
and is limited to the colors blue, black, and white and the
words âlaw enforcementâ; âpoliceâ; âofficersâ; âfirst
respondersâ; âserviceâ; âhonor ourâ; âsupport ourâ; âin
memoriamâ; âdepartmentâ; and any other language, initials, or
acronyms that identify a particular law enforcement department
or law enforcement agency.
       b.âFirefighters, as defined in s. 112.191(1), and is
limited to the colors red, gold, black, and white and the words
âfirefighterâ; âFâ or âDâ; âFDâ; âfirst respondersâ; âserviceâ;
âhonor ourâ; âsupport ourâ; âin memoriamâ; âdepartmentâ; and any
other language, initials, or acronyms that identify a particular
fire department or public safety department.
       c.âParamedics or emergency medical technicians, as those
terms are defined in s. 112.1911(1), and is limited to the
colors blue, black, and white and the words âparamedicâ;
âemergency medicalâ; âtechnicianâ; âEMTâ; âfirst respondersâ;
âserviceâ; âhonor ourâ; âsupport ourâ; âin memoriamâ; and any
other language, initials, or acronyms that identify a particular
emergency medical services department or emergency medical
services agency.
       (b)âA unit owner prevented from exercising his or her
rights guaranteed under this subsection may bring a civil cause
of action in the appropriate court of the county in which the
alleged infringement occurred. If the court finds that an
infringement has occurred, the court must enjoin the enforcement
of any covenant, restriction, bylaw, rule, or requirement of the
association which operates to deprive the unit owner of his or
her rights under this subsection. The prevailing party is
entitled to reasonable attorney fees and costs regardless of any
declaration rules or requirements dealing with flags or
decorations.
       (5)âEach board of administration of a residential
condominium shall adopt hurricane shutter specifications for
each building within each condominium operated by the
association which shall include color, style, and other factors
deemed relevant by the board. All specifications adopted by the
board must comply with the applicable building code.
       (a)âThe board may, subject to s. 718.3026 and the approval
of a majority of voting interests of the residential
condominium, install hurricane shutters, impact glass, code
compliant windows or doors, or other types of code-compliant
hurricane protection that comply with or exceed the applicable
building code. However, a vote of the owners is not required if
the maintenance, repair, and replacement of hurricane shutters,
impact glass, code-compliant windows or doors, or other types of
code-compliant hurricane protection are the responsibility of
the association pursuant to the declaration of condominium. If
hurricane protection or laminated glass or window film
architecturally designed to function as hurricane protection
that complies with or exceeds the current applicable building
code has been previously installed, the board may not install
hurricane shutters, impact glass, code-compliant windows or
doors, or other types of code-compliant hurricane protection
except upon approval by a majority vote of the voting interests.
       (b)âThe association is responsible for the maintenance,
repair, and replacement of the hurricane shutters, impact glass,
code-compliant windows or doors, or other types of code
compliant hurricane protection authorized by this subsection if
such property is the responsibility of the association pursuant
to the declaration of condominium. If the hurricane shutters,
impact glass, code-compliant windows or doors, or other types of
code-compliant hurricane protection are the responsibility of
the unit owners pursuant to the declaration of condominium, the
maintenance, repair, and replacement of such items are the
responsibility of the unit owner.
       (c)âThe board may operate shutters, impact glass, code
compliant windows or doors, or other types of code-compliant
hurricane protection installed pursuant to this subsection
without permission of the unit owners only if such operation is
necessary to preserve and protect the condominium property and
association property. The installation, replacement, operation,
repair, and maintenance of such shutters, impact glass, code
compliant windows or doors, or other types of code-compliant
hurricane protection in accordance with the procedures set forth
in this paragraph are not a material alteration to the common
elements or association property within the meaning of this
section.
       (d)âNotwithstanding any other provision in the residential
condominium documents, if approval is required by the documents,
a board may not refuse to approve the installation or
replacement of hurricane shutters, impact glass, code-compliant
windows or doors, or other types of code-compliant hurricane
protection by a unit owner conforming to the specifications
adopted by the board.
       (6)âAn association may not refuse the request of a unit
owner for a reasonable accommodation for the attachment on the
mantel or frame of the door of the unit owner of a religious
object not to exceed 3 inches wide, 6 inches high, and 1.5
inches deep.
       (7)âNotwithstanding the provisions of this section or the
governing documents of a condominium or a multicondominium
association, the board of administration may, without any
requirement for approval of the unit owners, install upon or
within the common elements or association property solar
collectors, clotheslines, or other energy-efficient devices
based on renewable resources for the benefit of the unit owners.
       (8)âThe Legislature finds that the use of electric and
natural gas fuel vehicles conserves and protects the stateâs
environmental resources, provides significant economic savings
to drivers, and serves an important public interest. The
participation of condominium associations is essential to the
stateâs efforts to conserve and protect the stateâs
environmental resources and provide economic savings to drivers.
For purposes of this subsection, the term ânatural gas fuelâ has
the same meaning as in s. 206.9951, and the term ânatural gas
fuel vehicleâ means any motor vehicle, as defined in s. 320.01,
that is powered by natural gas fuel. Therefore, the installation
of an electric vehicle charging station or a natural gas fuel
station shall be governed as follows:
       (a)âA declaration of condominium or restrictive covenant
may not prohibit or be enforced so as to prohibit any unit owner
from installing an electric vehicle charging station or a
natural gas fuel station within the boundaries of the unit
ownerâs limited common element or exclusively designated parking
area. The board of administration of a condominium association
may not prohibit a unit owner from installing an electric
vehicle charging station for an electric vehicle, as defined in
s. 320.01, or a natural gas fuel station for a natural gas fuel
vehicle within the boundaries of his or her limited common
element or exclusively designated parking area. The installation
of such charging or fuel stations is subject to the provisions
of this subsection.
       (b)âThe installation may not cause irreparable damage to
the condominium property.
       (c)âThe electricity for the electric vehicle charging
station or natural gas fuel station must be separately metered
or metered by an embedded meter and payable by the unit owner
installing such charging or fuel station or by his or her
successor.
       (d)âThe cost for supply and storage of the natural gas fuel
must be paid by the unit owner installing the natural gas fuel
station or by his or her successor.
       (e)âThe unit owner who is installing an electric vehicle
charging station or a natural gas fuel station is responsible
for the costs of installation, operation, maintenance, and
repair, including, but not limited to, hazard and liability
insurance. The association may enforce payment of such costs
under s. 718.116.
       (f)âIf the unit owner or his or her successor decides there
is no longer a need for the electric vehicle charging station or
natural gas fuel station, such person is responsible for the
cost of removal of such charging or fuel station. The
association may enforce payment of such costs under s. 718.116.
       (g)âThe unit owner installing, maintaining, or removing the
electric vehicle charging station or natural gas fuel station is
responsible for complying with all federal, state, or local laws
and regulations applicable to such installation, maintenance, or
removal.
       (h)âThe association may require the unit owner to:
       1.âComply with bona fide safety requirements, consistent
with applicable building codes or recognized safety standards,
for the protection of persons and property.
       2.âComply with reasonable architectural standards adopted
by the association that govern the dimensions, placement, or
external appearance of the electric vehicle charging station or
natural gas fuel station, provided that such standards may not
prohibit the installation of such charging or fuel station or
substantially increase the cost thereof.
       3.âEngage the services of a licensed and registered firm
familiar with the installation or removal and core requirements
of an electric vehicle charging station or a natural gas fuel
station.
       4.â