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CAN A HOMEOWNER'S ASSOCIATION BAN THE INSTALLATION OF SOLAR PANELS IN FLORIDA?



The answer is NO. In 2020 the Florida Solar Right Act (Florida Statue 163.04) was passed. It is the property rights act that prevents the HOAs and other governing bodies from enforcing rules that would prevent homeowners from getting solar panels on their property. Under the Florida Solar Right Act, HOAs can require approval before solar is installed. However, this approval cannot be dependent upon factors that would prevent the array from function. In other words, they can require an approval, but they cannot deny a homeowner's permission to get solar. HOAs strive for continuity and may want to discuss where the panels are place. They can request the best placement, but the HOAs cannot mandate that solar panels be out-out-view if locations within view are the best locations for them to produce energy.


2016 Florida Amendment 4 passed which allows the increased value of the solar panel system not be considered when assessing the home's value to determine property taxes. In other words, you will not be assessed and taxed by the property appraiser's office for the solar system even though it does increase the value of your home.


In 2008 Florida legislation was passed to establish net metering and in 2016 Florida Amendment 1 was passed for the practice of net metering against heavy lobbyist (energy companies) activities to stop it.


In 2022, Governor DeSantis vetoed yet another anti-net metering bill that had been passed by the Legislature in favor 24-15 in the Senate and in favor 83-13 in the House. The bill stated utility companies would pay less per watt and charge more for the same per watt. In other words, the utility companies would profit, and the solar energy producers would lose. This was a disgrace by the elected Legislatures showing bias to the utility companies, fortunately the governor vetoed the bill. Poor California was not as fortunate.


In 2005 Florida Sales Tax and Use Tax Exemptions for Solar Energy Systems passed to encourage the purchase of solar systems without paying a Florida Sales Tax. Florida is a State that promotes freedom of choice for their citizens. A choice of healthy green renewable energy that aids our aging electric grid. As more and more people come to Florida, it may not be the only answer for energy, but it certainly helps. It's a win-win for Florida. GO GREEN!!


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