Florida Statute 163.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 163
INTERGOVERNMENTAL PROGRAMS

View Entire Chapter

F.S. 163.04

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) 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. A property owner may not be denied permission to install solar collectors or other energy devices by any entity granted the power or right in any deed restriction, covenant, declaration, or similar binding agreement to approve, forbid, control, or direct alteration of property with respect to residential dwellings and within the boundaries of a condominium unit. 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° east or west of due south if 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; s. 1, ch. 2008-191; s. 3, ch. 2008-227.

F.S. 163.04 on Google Scholar

F.S. 163.04 on Casetext

Amendments to 163.04

Arrestable Offenses / Crimes under Fla. Stat. 163.04

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 163.04.

Annotations, Discussions, Cases:

Cases Citing Statute 163.04

Total Results: 14

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-08.

Court: Supreme Court of Florida | Date Filed: 2018-05-24

Citation: 244 So. 3d 157

Snippet: separate verdict for each defendant. *163 4. Verdict form for multiple counts, multiple defendants

ADVISORY OPINION TO the ATTORNEY GENERAL Re RIGHTS OF ELECTRICITY CONSUMERS REGARDING SOLAR ENERGY CHOICE. Advisory Opinion to the Attorney General Re Rights of Electricity Consumers Regarding Solar Energy Choice (FIS)

Court: Supreme Court of Florida | Date Filed: 2016-03-31

Citation: 188 So. 3d 822

Snippet: generate electricity for their own use.” See, e.g., § 163.04, Fla. Stat. (2015) (limiting the power of local

Sorrentino v. River Run Condominium Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2006-03-03

Citation: 925 So. 2d 1060, 2006 Fla. App. LEXIS 2992, 2006 WL 503292

Snippet: make an award pursuant to sections 718.303, and 163.04(3), as well as provision 18.2 of the Declaration

Florida Senate v. Fl. Public Emp. Council 79

Court: Supreme Court of Florida | Date Filed: 2001-04-18

Citation: 784 So. 2d 404, 2001 WL 388863

Snippet: of Florida and all parties pursuant to ss. 216.163(4) and 447.403, F.S." Although section 447.403 relates

Taylor v. Ridge at the Bluffs Homeowner's Ass'n

Court: District Court of Appeal of Florida | Date Filed: 1991-05-29

Citation: 579 So. 2d 895, 1991 Fla. App. LEXIS 4770, 1991 WL 86810

Snippet: appeal the trial court's determination that section 163.04, Florida Statutes (1987), was inapplicable to a

State v. Glenn

Court: Supreme Court of Florida | Date Filed: 1990-02-15

Citation: 558 So. 2d 4, 1990 WL 13568

Snippet: our prior decisions are grounded." 515 So.2d at 163.[4] We stated further that "we believe, that despite

Green v. State

Court: District Court of Appeal of Florida | Date Filed: 1988-12-28

Citation: 539 So. 2d 484, 1988 WL 149310

Snippet: DCA 1987). In Franklin v. State, 526 So.2d 159, 163-4 (Fla. 5th DCA 1988) the court held that a defendant

City of Ormond Beach v. State Ex Rel. Del Marco

Court: District Court of Appeal of Florida | Date Filed: 1983-01-19

Citation: 426 So. 2d 1029

Snippet: trial court concluded that: *1031 (a) Section 163.04, Florida Statutes (1981),[3] was applicable and

Dependable Ins. Co., Inc. v. Landers

Court: District Court of Appeal of Florida | Date Filed: 1982-09-29

Citation: 421 So. 2d 175, 34 U.C.C. Rep. Serv. (West) 1474, 1982 Fla. App. LEXIS 21259

Snippet: one hundred sixty-three dollars four cents ($4,163.04) on the contract. I Dependable's Right to a Deficiency

Welborn v. American Liberty Insurance Company

Court: District Court of Appeal of Florida | Date Filed: 1972-03-28

Citation: 260 So. 2d 229

Snippet: Corporation, Inc. v. Gregory (Fla. 1970), 237 So.2d 163. [4] National Indemnity Company v. Donald (Fla.App

Kaplan v. Phoenix of Hartford Insurance Company

Court: District Court of Appeal of Florida | Date Filed: 1968-11-26

Citation: 215 So. 2d 893, 1968 Fla. App. LEXIS 4880

Snippet: Insurance § 4331, pp. 211-12; Note, 32 Mo.L.Rev. 159, 163-4 (1967); Note, 40 N.C.L.Rev. 138 (1961). *895 At

Southern Realty & Util. Corp. v. Belmont Mtg. Corp.

Court: Supreme Court of Florida | Date Filed: 1966-04-20

Citation: 186 So. 2d 24

Snippet: Mitchell v. Mason, 1918, 75 Fla. 679, 79 So. 163. [4] 1905, 50 Fla. 570, 39 So. 995. [5] Macfarlane

Liquor Store v. Continental Distilling Corp.

Court: Supreme Court of Florida | Date Filed: 1949-04-05

Citation: 40 So. 2d 371, 1949 Fla. LEXIS 1373

Snippet: P.2d 177; Ely Lilly Co. v. Saunders, 216 N.C. 163, 4 S.E.2d 528, 125 A.L.R. 1308, and Annotations on

State ex rel. Boyd v. Deal

Court: Supreme Court of Florida | Date Filed: 1888-06-15

Citation: 24 Fla. 293

Snippet: adopted by the two houses referred to.. Cooley C. L., 163-4. The question presented for decision is whether