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Your Solar Rights Under Florida Law

CHAPTER 163.04 INTERGOVERNMENTAL PROGRAMS Florida Statutes

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 beentitled 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.

Summary: Florida law forbids any entity—Including a Homeowners Association—from prohibiting the installation of solar panels or other renewable energy devices on a building. Reasonable restrictions can be established for installations, but restrictions cannot impair the performance or increase the cost (which would impair the economic performance) of a renewable energy device.

A homeowners association generally cannot prevent the installation of solar panels on a roof merely because the solar panels would be visible from the street. An architectural review board or committee can dictate where on a home’s roof that solar panels may be installed, provided the solar panels will face within 45° of due south at the dictated location, and the location will not increase the cost in any way to the homeowner.