Renewable Energy Easements & Rights Laws (Florida)
Last modified on February 12, 2015.
Rules Regulations Policies Program
|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|
|Energy Category|| Renewable Energy Incentive Programs
|Date added to DSIRE||2000-01-01|
|Last DSIRE Review|| 2013-05-23
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.
|Contact Name||Colleen Kettles|
|Department||Florida Solar Energy Research and Education Foundation, Inc. (FlaSEREF)|
|Address||101 Cove Lake Drive|
|Phone|| (407) 786-1799
Authorities (Please contact the if there are any file problems.)
|Authority 1:||Fla. Stat. § 704.07|
|Date Enacted|| 1978
|Authority 2:||Fla. Stat. § 163.04|
|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.