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Florida Statute 163.4 - Full Text and Legal Analysis
Florida Statute 163.04 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 163.04 Case Law from Google Scholar Google Search for Amendments to 163.04

The 2025 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 CourtListener

Amendments to 163.04


Annotations, Discussions, Cases:

Cases Citing Statute 163.04

Total Results: 4

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

426 So. 2d 1029

District Court of Appeal of Florida | Filed: Jan 19, 1983 | Docket: 1283218

Cited 6 times | Published

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

Sorrentino v. River Run Condominium Ass'n

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

District Court of Appeal of Florida | Filed: Mar 3, 2006 | Docket: 1516992

Cited 3 times | Published

were solar collectors and that pursuant to section 163.04 they did not need the Board's approval to install

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)

188 So. 3d 822

Supreme Court of Florida | Filed: Mar 31, 2016 | Docket: 3049660

Published

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

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

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

District Court of Appeal of Florida | Filed: May 29, 1991 | Docket: 64658834

Published

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