Renewable Energy Easements & Rights Laws (Florida)

Last modified on February 12, 2015.

Rules Regulations Policies Program

Place	Florida
Name	Renewable Energy Easements and Rights Laws
Incentive Type	Solar/Wind Access Policy
Applicable Sector	Commercial, Industrial, Residential
Eligible Technologies	Passive Solar Space Heat, Photovoltaics, Solar Water Heat, Wind, Clotheslines
Active Incentive	Yes
Implementing Sector	State/Territory
Energy Category	Renewable Energy Incentive Programs
Date added to DSIRE	2000-01-01
Last DSIRE Review	2013-05-23
References	DSIRE

Summary

Florida law forbids ordinances, deed restrictions, covenants, declarations or similar binding agreements from prohibiting the use of solar collectors (including clotheslines) or "other energy devices based on renewable resources," although certain restrictions related to visibility may be imposed on homeowners, as long as the effective operation of the system does not suffer as a result. Community associations are specifically prohibited from preventing the installation of solar collectors on residential rooftops. Effective July 2008, HB 697 extended the application of the renewable energy access law to condominiums. Interestingly, a condominium or a multi-condominium board of administration may, without approval of the unit owners, install solar collectors (including clotheslines) or other energy-efficient devices on association property for the benefit of the unit owners.

Florida law also allows easements for the purpose of maintaining exposure of a solar energy system to sunlight. Easements must be created in writing and are subject to being recorded and indexed in the same manner as any other instrument affecting the title to real property.

Incentive Contact

Contact Name	Colleen Kettles
Department	Florida Solar Energy Research and Education Foundation, Inc. (FlaSEREF)
Address	101 Cove Lake Drive
Place	Longwood, Florida
Zip/Postal Code	32779
Phone	(407) 786-1799
Email	cmkettles@cfl.rr.com
Website	http://www.flaseref.org

Authorities (Please contact the if there are any file problems.)

Authority 1:	Fla. Stat. § 704.07
Date Effective	1978-07-01
Date Enacted	1978

Authority 2:	Fla. Stat. § 163.04
Date Effective	1980-07-01
Date Enacted	1980

Authority 3:	Fla. Stat. § 718.113 (7)
Date Effective	2008-07-01

• Incentive and policy data are reviewed and approved by the N.C. Solar Center's DSIRE project staff.