Florida Solar Easement and Access Laws
Florida law bars deed restrictions, covenants, and similar agreements from prohibiting solar collectors (including clotheslines) or other renewable energy devices, and community associations cannot block rooftop solar installation. You can also create a written, recorded solar easement to protect your system's sunlight exposure, and if a dispute goes to court the winning party recovers costs and reasonable attorney's fees.
Customers in Florida HOAs and condominiums generally cannot be denied rooftop solar, though reasonable visibility restrictions may apply if they do not hinder effective system operation. Condo unit owners may install devices only within their unit boundaries, while a condo board may install solar on association property without unit owner approval. Solar easements must be in writing, recorded like other real property instruments, and specify the affected properties, the vertical and horizontal angles, the location relative to setbacks, the measurement point, the terms, and any compensation provisions.
This is a state access policy rather than a funded incentive, so it works through statutory limits on private restrictions and a voluntary solar easement mechanism, with no program funding. It covers solar and wind technologies across residential, commercial, institutional, government, agricultural, and multifamily sectors, with HB 697 (effective July 2008) extending coverage to condominiums. Enforcement occurs through litigation, with the prevailing party entitled to costs and reasonable attorney's fees, and easements must be recorded and indexed as title instruments.
Program details
- Program ID
- 28
- Last updated
- 1/3/2025
Eligibility
- Sectors
- commercial industrial local government nonprofit residential schools state government federal government agricultural multifamily residential institutional
- Technologies
- solar - passive solar water heat solar photovoltaics wind (all) wind (small)
Program summary
Florida law forbids ordinances, deed restrictions, covenants, declarations or similar binding agreements from prohibiting the use of solar collectors (including clothes lines) or "other energy devices based on renewable resources," although certain restrictions related to visibility may be imposed on property owners, 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. Legislation that took effect in July 2008 (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, while unit owners may only install devices within the boundary of their unit. If any litigation arises as a result of this policy, the prevailing party is entitled to recover costs and reasonable attorney's fees.
Solar Easements
Florida law allows for the creation of easements for the purpose of maintaining exposure of a solar energy system to sunlight.
Easements must be created in writing, and recorded and indexed in the same manner as any other instrument affecting the title to real property. The easement must include:
- A description of the effected properties
- The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement
- A description of where the easement falls across the burdened property in relation to existing boundaries and various setbacks established by the local zoning authority.
- The point on the dominant property from where the angles describing the solar easement are to be measured.
- Terms or conditions under which the solar easement is granted or will terminate.
- Any provisions for compensation of the owner of the property benefiting from the solar easement in the event of interference with the enjoyment of the solar easement or compensation of the owner of the property subject to the solar easement for maintaining the solar easement.
Contact & resources
- Contact email
- cmkettles@cfl.rr.com
Please verify current program details with the administering agency before making any financial decisions.
