DISPLAY OF UNITED STATES FLAG BY RESIDENTS

Manager may not prohibit resident from displaying United States Flag on premises

PRIOR LAW: Prior to July 1, 2004 a manager could prohibit resident by the lease terms from displaying or hanging a flag or any other item from or on the premises.

NEW LAW: A manager may not prohibit a resident from displaying a United States flag on the premises as long as it meets certain requirements.

SAMPLE LEASE WORDING: "Resident may display a "United States Flag", commonly known as the "Stars and Stripes", as long as this flag is portable, removable, cloth or plastic with a size not larger than 4.5 feet by 6 feet and is displayed in a respectful manner. This flag may not infringe on any other resident's area or space rented by another resident, including but not limited to a downstairs resident's lanai space if any. This flag, its pole or its base may not constitute a safety hazard to any person or property. In displaying the flag, resident shall not destroy, deface, damage, impair, or remove any part of the premises or property therein belonging to the manager nor permit any person to do so".

TEXT OF THE NEW FLAG LAW

FS 83.67 AS AMENDED

4) A manager may not prohibit a resident from displaying one portable, removable, cloth or plastic United States flag, not larger than 4 and one-half feet by 6 feet, in a respectful manner in or on the dwelling unit, regardless of any provision in the rental agreement dealing with flags or decorations. The United States flag shall be displayed in accordance with s. 83.52(6). The manager is not liable for damages caused by a United States flag displayed by a resident. Any United States flag may not infringe upon the space rented by any other resident.