Florida Statewide Rule
Florida Solar Rights Law Limits Local Permit Barriers
Key Facts
- Statute
- F.S. 163.04
- Prohibits
- Bans on solar devices
- Allows
- Reasonable permitting
- Remedy
- Damages plus attorney fees
Summary
Florida statute 163.04 prohibits any ordinance, deed restriction, or covenant from preventing installation of solar collectors. Local building permits are required but cannot effectively ban rooftop solar.
(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.
Full Breakdown
Section 163.04, Florida Statutes, declares that no deed restriction, covenant, or local ordinance may prohibit a property owner from installing a solar collector, clothesline, or other renewable energy device. Local governments may adopt reasonable permitting and structural-safety rules under the Florida Building Code, but cannot use aesthetic, screening, or location requirements to materially impair system performance. The Florida Solar Energy Center certifies equipment, and the Department of Business and Professional Regulation licenses solar contractors statewide.
Violations & Penalties
Property owners blocked by a covenant or local rule may sue for actual damages plus reasonable attorney fees and costs under F.S. 163.04(3). Cities ignoring the statute face declaratory and injunctive relief.
Frequently Asked Questions
Can a Florida city deny a rooftop solar permit for aesthetic reasons?
Do I still need a building permit for solar panels in Florida?
Sources
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