The 2023 Florida Statutes (including Special Session C)

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 163
INTERGOVERNMENTAL PROGRAMS

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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 Casetext

Amendments to 163.04

Arrestable Offenses / Crimes under Fla. Stat. 163.04

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 163.04.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ADVISORY OPINION TO ATTORNEY GENERAL RIGHTS OF ELECTRICITY CONSUMERS REGARDING SOLAR ENERGY CHOICE. FIS, 188 So. 3d 822 (Fla. 2016)

. . . See, e.g., § 163.04, Fla. . . .

Dr. FINKEL, v. UNIVERSAL ELECTRIC CORP., 970 F. Supp. 2d 108 (E.D.N.Y. 2013)

. . . which notably all became due after the Complaint was filed: Plan Contributions Due PHBP $1,613.40 DEN $163.04 . . .

COLUMBIA GAS TRANSMISSION, LLC, v. CRAWFORD,, 746 F. Supp. 2d 905 (N.D. Ohio 2010)

. . . similarly permits condemnation only after a plaintiff cannot acquire property by contract, Ohio Rev.Code § 163.04 . . .

In McNEMAR, II, v., 352 B.R. 621 (Bankr. N.D. W. Va. 2006)

. . . expenses average $2,125.11 per month, exclusive of any education loan payments, leaving approximately $163.04 . . .

SORRENTINO v. RIVER RUN CONDOMINIUM ASSOCIATION,, 925 So. 2d 1060 (Fla. Dist. Ct. App. 2006)

. . . It provides in part: 163.04. . . . Is it an energy-saving device within the meaning of section 163.04; 3. . . . Is section 163.04 unconstitutional; 5. Award of attorney’s fees. . . . First it said it did not rely on section 163.04 in arriving at its decision. . . . One quoted above is section 163.04. . . .

CITY OF TOLEDO, v. BEAZER MATERIALS AND SERVICES, INC., 923 F. Supp. 1013 (N.D. Ohio 1996)

. . . O.R.C. 163.04 and 163.05 provide how an agency (here the City) “lawfully exercise[s] its power of eminent . . . Section 163.04 states: Appropriations shall be made only after the agency is unable to agree, for any . . . An agency which has met the requirements of section 163.04 of the Revised Code, may commence proceedings . . . involved; Significantly, Section 163.05 begins: An agency which has met the requirements of section 163.04 . . .

W. KRUSE A. v. VILLAGE OF CHAGRIN FALLS, OHIO,, 74 F.3d 694 (6th Cir. 1996)

. . . Rev.Code §§ 163.01-163.62, APPROPRIATION op PROPERTY, which include provisions for appropriation (§ 163.04 . . .

L. TAYLOR v. RIDGE AT THE BLUFFS HOMEOWNER S ASSOCIATION, INC. a, 579 So. 2d 895 (Fla. Dist. Ct. App. 1991)

. . . Appellants-homeowners appeal the trial court's determination that section 163.04, Florida Statutes (1987 . . . Section 163.04, Florida Statutes (1987), does not prohibit the enforcement of the Declaration of Covenants . . . Section 163.04, Florida Statutes (1987), provides: 163.04 Energy devices based on renewable resources . . .

CITY OF ORMOND BEACH, a v. STATE J. DEL MARCO,, 426 So. 2d 1029 (Fla. Dist. Ct. App. 1983)

. . . After hearing the evidence presented, the trial court concluded that: (a) Section 163.04, Florida Statutes . . . The legislative intent is clearly expressed in section 163.04, when it says: “... . . . Section 163.04 eliminates the need to prove a hardship as a basis for the property owner’s desire to . . . The inhibition of section 163.04 is that no regulation prohibit or have the effect of prohibiting the . . . “Renewable energy source device” or “device” means any of the following equipment (J) Windmills . § 163.04 . . .

In RACHMIEL, GOLDFEIN, v. RACHMIEL,, 19 B.R. 721 (Bankr. M.D. Fla. 1982)

. . . The sum awarded to the Plaintiff was to be paid in 96 monthly installments of $163.04 each. . . .

BARTRAM, J. Jr. v. B. GRAHAM,, 157 F. Supp. 757 (D. Conn. 1957)

. . . Here the value of the assets per common share is $163.04 on the critical date (December 26, 1950). . . .