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Renewable Energy Easements and Rights Laws

Eligibility 
Commercial
Industrial
Residential
Savings Category 
Photovoltaics
Solar Water Heat
Program Info
State 
Florida
Program Type 
Solar/Wind Access Policy
Provider 
Florida Solar Energy Research and Education Foundation, Inc. (FlaSEREF)

Florida law forbids ordinances, deed restrictions, covenants, declarations or similar binding agreements from prohibiting the use of solar collectors (including clotheslines) or "other energy devices based on renewable resources," although certain restrictions related to visibility may be imposed on homeowners, as long as the effective operation of the system does not suffer as a result. Community associations are specifically prohibited from preventing the installation of solar collectors on residential rooftops. Effective July 2008, [http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_... HB 697] extended the application of the renewable energy access law to condominiums. Interestingly, a condominium or a multi-condominium board of administration may, without approval of the unit owners, install solar collectors (including clotheslines) or other energy-efficient devices on association property for the benefit of the unit owners.

Florida law also allows easements for the purpose of maintaining exposure of a solar energy system to sunlight. Easements must be created in writing and are subject to being recorded and indexed in the same manner as any other instrument affecting the title to real property.