Under Section 163.04 of the Florida Statutes, homeowners’ association declarations may not prohibit owners from installing certain renewable energy devices on buildings located on lots or parcels that are subject to the declaration. These devices include “solar collectors, clotheslines, or other energy devices based on renewable resources.”
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Florida Statute 163.04(2) expressly prohibits homeowner and condo associations from preventing its members from installing "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 restriction, covenant, declaration, or binding
Florida Statutes 163.04 - Energy devices based on renewable resources; Florida Statutes 193.624 - Assessment of renewable energy source devices; Florida Statutes 196.182 - Exemption of renewable energy source devices; Texas; Texas Business and Commerce Code Chapter 115 - Sales and Leasing of Distributed Renewable Generation Resources
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
(2) A deed restriction, covenant, declaration, or similar binding agreement may not 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 restriction, covenant, declaration, or binding agreement.
Justia Free Databases of US Laws, Codes & Statutes. 2022 Florida Statutes Title XI - County Organization and Intergovernmental Relations Chapter 163 - Intergovernmental Programs Part I - Miscellaneous Programs (Ss. 163.01-163.211) 163.04 - Energy devices based on
Energy devices based on renewable resources. 163.045: Tree pruning, trimming, or removal on residential property. 163.05: Small County Technical Assistance Program. 163.055: Local Government Financial Technical Assistance Program. 163.06: Miami River Commission. 163.061: Miami River Commission; unanimous vote required for certain acts. 163.065
Except for substations in s. 163.3205 (2) (c), local governments may adopt and enforce reasonable land development regulations for new and existing electric substations, addressing only setback, landscaping, buffering, screening, lighting, and other aesthetic compatibility-based standards.
(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.
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
Energy devices based on renewable resources. 163.045. Tree pruning, trimming, or removal on residential property. 163.05. Small County Technical Assistance Program. 163.055. Local Government Financial Technical Assistance Program. 163.06. Miami River Commission. 163.061.
(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.
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
Section 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
The Florida Solar Rights Act also applies to clotheslines and "other energy devices based on renewable resources." Below is the full text of the Florida Solar Rights Act, also known as the Florida Solar Rights Law or Florida statute 163.04:
For example, Florida Statute s. 163.04, entitled Energy devices based on renewable resources, expressly prohibits restrictions on the installation of solar collectors or other energy devices based on renewable resources.
163.325 Short title.— This section and sections 163.3251-163.3253 may be cited as the "Manufacturing Competitiveness Act." History.—s. 1, ch. 2013-224. 163.3251 Definitions.— As used in this section and ss. 163.3252 and 163.3253, the term: (1) "Department" means the Department of Economic Opportunity.
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
However, they can be regulated. The relevant statute regarding solar panels is Section 163.04, Florida Statutes, which provides that no ordinances or laws can prohibit "the installation of solar collectors, clotheslines, or other energy devices based on renewable resources." The Statute is not limited in its application to government agencies.
163.3163 Applications for development permits; disclosure and acknowledgment of contiguous sustainable agricultural land. 163.3164 Community Planning Act; definitions. 163.3167 Scope of act. 163.3168 Planning innovations and technical assistance. 163.3171 Areas of authority under this act. 163.3174 Local planning agency.
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
Any organization or HOA''s that would knowingly block the installation of the solar panels or renewable energy device would end up having to pay for the legal expense of both sides, if any litigation should result, as stated in 2011 Florida Statutes'' provision (3) of 163.04 Energy devices based on renewable resources, below:
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
163.04 Energy devices based on renewable resources. 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
163.524 Neighborhood Preservation and Enhancement Program; participation; creation of Neighborhood Preservation and Enhancement Districts; creation of Neighborhood Councils and Neighborhood Enhancement Plans. 163.526 Neighborhood Councils and local government designated agency; powers and duties. 163.501 Short title.—
(h) May prohibit the use of any district power authorized by s. 163.514. (i) Requires the district to notify the Department of Economic Opportunity in writing of its establishment within 30 days thereof pursuant to s. 163.5055.
Section 163.04, Florida Statutes (1987), provides: 163.04 Energy devices based on renewablethe trial court''s determination that section 163.04, Florida Statutes (1987), was inapplicable to apartial summary judgment on the ground that section 163.-04, Florida Statutes (1987), was inapplicable to appelleejudgment upon that single issue
Title XI Section 163.04: Energy devices based on renewable resources Florida state laws expressly forbid the prohibition of solar panels by local entities, including homeowners associations. Some rules regarding design and appearance may be allowed, for example, in historic districts.
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
(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.
(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
Energy devices based on renewable resources. 163.045. Tree pruning, trimming, or removal on residential property. 163.05. Small County Technical Assistance Program. 163.055. Local Government Financial Technical Assistance Program. 163.06. Miami River Commission. 163.061.
Under Section 163.04 of the Florida Statutes, homeowners'' association declarations may not prohibit owners from installing certain renewable energy devices on buildings located on lots or parcels that are subject to the declaration. These devices include "solar collectors, clotheslines, or other energy devices based on renewable resources."
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