FLORIDA LAW PROHIBITS AND FORBIDS
- any entity from being denied the right to install solar collectors or any
renewable energy source on a Florida building, including home owners
associations and deed restricted communities. The governing association may
institute certain restrictions and require permission in regards to the
installation as long as they are relevant and not beyond reason. Any
restrictions must be applied uniformly to each individual and must not prohibit
the effectiveness or increase the purchase price of the energy device.
Homeowners associations may not prohibit
individuals from installing solar collectors on the roof of the
home. However, the association may determine the placement of the
collectors as long as they are not more than 45 degrees East or West
of due South.
Lastly, any stipulations or restrictions made
by an association such as, placing them in a direction that does not
face the road, screening them from view by trees, fences or placing
them in a location not feasible for heating will typically violate
this state statute. The full text version of this state statute can
be found below or more formally on the web at the Florida Solar
Energy Center (FSEC).
CHAPTER 163
INTERGOVERNMENTAL PROGRAMS
Florida Statutes (Full Volume 2002)
163.04 Energy devices based on
renewable resources.—
(1)
Notwithstanding any provision of this chapter or other provision of
general or special law, the adoption of an ordinance by a governing
body, as those terms are defined in this chapter, which prohibits or
has the effect of prohibiting the installation of solar collectors,
clotheslines, or other energy devices based on renewable resources
is expressly prohibited.
(2) No deed
restrictions, covenants, or similar binding agreements running with
the land shall prohibit or have the effect of prohibiting solar
collectors, clotheslines, or other energy devices based on renewable
resources from being installed on buildings erected on the lots or
parcels covered by the deed restrictions, covenants, or binding
agreements. A property
owner may not be denied permission to install solar collectors
or other energy devices based on renewable resources by any entity
granted the power or right in any deed restriction, covenant, or
similar binding agreement to approve, forbid, control, or direct
alteration of property with respect to residential dwellings not
exceeding three stories in height. For purposes of this subsection,
such entity may
determine the specific location where solar collectors may be
installed
on the roof within an orientation to the south or within 45 degrees
east or west of due south
provided that such determination does not impair the effective
operation of the solar collectors.
(3) In any
litigation arising under the provisions of this section, the
prevailing party shall be entitled to costs and reasonable
attorney's fees.
(4) The
legislative intent in enacting these provisions is to protect the
public health, safety, and welfare by encouraging the development
and use of renewable resources in order to conserve and protect the
value of land, buildings, and resources by preventing the adoption
of measures which will have the ultimate effect, however unintended,
of driving the costs of owning and operating commercial or
residential property beyond the capacity of private owners to
maintain. This section shall not apply to patio railings in
condominiums, cooperatives, or apartments.
History.—s. 8,
ch. 80-163; s. 1, ch. 92-89; s. 14, ch. 93-249.
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