Florida Statutes
Fla. Stat. § 163.04 (2025)
Energy devices based on renewable resources.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 4
cases, 1983–2016 · leading case: Sorrentino v. River Run Condo. Ass'n, 925 So. 2d 1060 (Fla. 5th DCA 2006).
Sorrentino v. River Run Condo. Ass'n, 925 So. 2d 1060 (Fla. 5th DCA 2006). “At trial, the parties stipulated that the skylights were energy-saving devices pursuant to section 163.04, Florida Statutes; that the Sorrentinos installed the skylights after being denied approval by the Association; and that since the skylights were installed, three hurricanes…”
ADVISORY OPINION TO the ATTORNEY Gen. Re RIGHTS OF Elec. CONSUMERS REGARDING SOLAR ENERGY CHOICE. Advisory Opinion to the Attorney Gen. Re Rights of Elec. Consumers Regarding Solar Energy Choice (FIS), 188 So. 3d 822 (Fla. 2016). “, § 163.04, Fla. Stat. (2015) (limiting the power of local governments and homeowner associations to prohibit the installation of “solar collectors, clotheslines, or other energy devices” without addressing the ownership or lease of solar equipment or the use of solar…”
City of Ormond Beach v. State Ex Rel. Del Marco, 426 So. 2d 1029 (Fla. 5th DCA 1983). “: (J) Windmills [3] § 163.04, Fla. Stat. (1981): Energy devices based on renewable sources.”
Taylor v. Ridge at the Bluffs Homeowner's Ass'n, 579 So. 2d 895 (Fla. 4th DCA 1991). “Appellants-homeowners appeal the trial court's determination that section 163.04, Florida Statutes (1987), was inapplicable to a real estate development’s declaration of covenants and restrictions, the enforcement of which was the responsibility of appellee-homeowners…”
— 163.04(2) — 1 case
Sorrentino v. River Run Condo. Ass'n, 925 So. 2d 1060 (Fla. 5th DCA 2006). “At trial, the parties stipulated that the skylights were energy-saving devices pursuant to section 163.04, Florida Statutes; that the Sorrentinos installed the skylights after being denied approval by the Association; and that since the skylights were installed, three hurricanes…”
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