Florida Statewide Regulations
Florida Renewable Energy Access Laws
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 may be imposed on homeowners. Community associations are specifically prohibited from preventing the installation of solar collectors on residential rooftops. 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.
Statutes: Fla. Stat. § 704.07 , Fla. Stat. § 163.04 , HB 697
Renewable Energy Property Tax Exemption
Under Florida law, improved real property upon which a renewable energy source device is installed and operated is entitled to an exemption in the amount of the original cost of the device, including the installation cost. The exemption does not include the cost of replacing, removing or improving existing property in the course of the installation.
Renewable energy devices must be installed on or after January 1, 2009, to qualify for the exemption, and the exemption will not be authorized for more than 10 years.
Florida Statutes: Fla. Stat. § 196.175 , HB 7135
Renewable Energy Equipment Sales Tax Exemption
Solar energy systems have been exempt from Florida's sales and use tax since July 1, 1997. The term "solar energy system" means the equipment and requisite hardware that provide and are used for collecting, transferring, converting, storing or using incidental solar energy for water heating, space heating and cooling, or other applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas or electricity. Vendors of solar energy systems or components are required to document exempt sales.
In May 2005, the exemption was made permanent when HB 805 (2005) was signed into law.
Within each district are multiple historic sites, each with their own historic value. Some historic sites are not within the boundaries of a specific district and are listed seperately.
Lee County's Historic Preservation Ordinance (No. 88-62) provides for the designation of those sites, buildings and districts that contribute to the cultural heritage of Lee County, Southwest Florida, the State of Florida or the nation. In Lee County's historic districts, there are two types of designated properties: contributing and non-contributing. Contributing buildings are those that are historic, are exceptionally designed, or are directly associated with the historical period of that district. Non-contributing buildings are generally those structures built after the historical period of the district. Certain regulations apply to the issuance of building, moving or demolition permits for designated properties within historic districts. For historic resources (specific buildings and historic districts) designated under the Historic Preservation Ordinance (Chapter 22, Land Development Code), applicants must obtain a Certificate of Appropriateness prior to obtaining a building, moving or demolition permit. An approved Certificate must accompany all building permit applications for designated historic resources.
This information will provide homeowners and contractors with a basic understanding of the guidelines used in evaluating the appropriateness of proposed projects involving historic buildings as well as new structures in a historic district. These guidelines are intended to encourage collaboration between the historic district's property owners, members of the building industry and county staff in order to preserve the architectural heritage of the historic district.