Florida Statutes 520.26 – Exemptions
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Terms Used In Florida Statutes 520.26
- Agreement: means a contract executed between a buyer or lessee and a seller that leases or sells a distributed energy generation system. See Florida Statutes 520.20
- Buyer: means a person that enters into an agreement to buy a distributed energy generation system from a seller. See Florida Statutes 520.20
- Distributed energy generation system: means a device or system that is used to generate or store electricity; that has an electric delivery capacity, individually or in connection with other similar devices or systems, of greater than one kilowatt or one kilowatt-hour; and that is used primarily for on-site consumption. See Florida Statutes 520.20
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Seller: means a person regularly engaged in, and whose business substantially consists of, selling or leasing goods, including distributed energy generation systems, to buyers or lessees. See Florida Statutes 520.20
The provisions of this part do not apply to the following:
(1) A person or company, acting through its officers, employees, brokers, or agents, that markets, sells, solicits, negotiates, or enters into an agreement for the sale or financing of a distributed energy generation system as part of a transaction involving the sale or transfer of the real property on which the system is or will be affixed.
(2) A transaction involving the sale or transfer of the real property on which a distributed energy generation system is located.
(3) A third party, including a local government, that enters into an agreement for the financing of a distributed energy generation system.
(4) The sale or lease of a distributed energy generation system that will be installed on nonresidential real property.
(5) The sale of a distributed energy generation system pursuant to an agreement that requires full payment of the system from the buyer to the seller no later than the date the system is installed by the seller or is delivered from the seller to the buyer or a third party for installation.
(6) A person, other than the seller or lessor, who installs a distributed energy generation system on residential property.