Florida-specific guide for homeowners defrauded by solar contractors. Learn about the Florida Construction Licensing Board, F.S. 489 contractor violations, F.S. 501.059 solar sales protections, FDUTPA claims, and how to recover damages under Florida law.
Common Florida Solar Panel Fraud Issues
Fraud Type
Description
Florida Legal Basis
False Energy Savings Claims
Promises of unrealistic savings or production that never materialize
FDUTPA, F.S. 501.059, common law fraud
Unlicensed Installation
Work performed without required Florida solar contractor license
Charging far above market value for equipment installed
FDUTPA, unjust enrichment
Florida Solar Consumer Protections
3-day cancellation right for home solicitation sales (F.S. 501.059)
Contractor licensing required under F.S. 489
Written contract with specific disclosures mandatory
FDUTPA remedies including attorney fees for prevailing consumers
Realistic Expectations
Florida Construction Licensing Board can order restitution and revoke licenses
FDUTPA attorney fees make legal action economically viable
Small claims court handles disputes up to $8,000
Complex solar fraud often requires circuit court litigation
Florida Sunshine State Warning: Florida has seen a surge in solar fraud complaints. Scammers exploit the state's strong solar incentives and hurricane concerns. Always verify contractor licenses at myfloridalicense.com before signing any agreement.
Florida Legal Framework for Solar Fraud
Florida Construction Contracting - F.S. Chapter 489
⚖
F.S. Section 489.105 - Definitions
Defines "solar contractor" as one who installs, maintains, or repairs solar energy systems. Solar contractors must be certified or registered under F.S. 489.113. Electrical and roofing license holders may also perform certain solar work.
⚖
F.S. Section 489.127 - Unlicensed Contracting
Performing contracting work without a license is a third-degree felony in Florida. Homeowners can void contracts with unlicensed contractors and recover all payments made. The Construction Licensing Board can pursue criminal prosecution.
💰
F.S. Section 489.126 - Construction Defects
Contractors who fail to perform work to applicable building codes or contract specifications violate Florida law. Homeowners may recover cost of repairs, diminution in value, and consequential damages.
Solar Equipment Sales - F.S. 501.059
☀
F.S. Section 501.059 - Home Solicitation Solar Sales
When solar equipment is sold at a location other than the seller's permanent business location (including door-to-door sales), the buyer has 3 business days to cancel. The contract must include a cancellation form and notice in 10-point bold type.
☀
F.S. Section 501.059(6) - Extended Cancellation Rights
If the seller fails to provide proper cancellation notice or form, the buyer's right to cancel extends until 3 days after proper notice is given. This can effectively extend cancellation rights indefinitely if the seller never complied.
FDUTPA - F.S. 501.201 et seq.
⚖
F.S. Section 501.204 - Deceptive and Unfair Trade Practices
FDUTPA prohibits unfair or deceptive acts in trade or commerce. False energy savings claims, misrepresentations about equipment quality, and bait-and-switch tactics all constitute FDUTPA violations.
💰
F.S. Section 501.211 - Consumer Remedies
Consumers may recover actual damages caused by FDUTPA violations. The court shall award attorney fees and costs to the prevailing party. This fee-shifting makes legal action viable even for moderate claims.
Florida Construction Licensing Board
🏢
Construction Licensing Board Authority
The Florida Construction Licensing Board investigates complaints against licensed contractors, can order restitution, impose fines up to $10,000 per violation, and revoke or suspend licenses. File complaints at myfloridalicense.com.
Attorney Fees Under FDUTPA: Florida's fee-shifting provision means the prevailing party recovers attorney fees. This makes it economically viable for attorneys to represent solar fraud victims even on contingency arrangements.
Documentation Checklist
Contract Documents
Solar installation contract (all pages)
Financing agreements (loan, lease, or PPA)
Any amendments or change orders
Warranty documents and guarantees
Notice of right to cancel (F.S. 501.059)
Sales Materials
Written energy savings estimates and projections
Sales presentations and proposals
Marketing brochures or flyers
System production projections
Emails and text messages from sales representatives
Payment and Financial Records
All cancelled checks and bank statements showing payments
Credit card statements with charge details
Loan statements and payment history
Financing cost summary including total interest
Performance Documentation
Utility bills before solar installation
Utility bills after installation (at least 12 months)
System monitoring data showing actual production
Independent assessment of system performance
Installation Evidence
Photos of installation and any visible defects
Building permit applications and inspection results
Utility interconnection approval documents
Code violation notices from local building department
Roof damage documentation and repair estimates
Contractor License Verification
License lookup results from myfloridalicense.com
Construction Licensing Board complaint history
Insurance and bond documentation
Pro Tip: Get an independent solar contractor to evaluate your system. Document whether it was properly installed, producing as promised, and meets Florida building codes. This expert assessment is valuable evidence for your claim.
Demand Letter Strategy
Pre-Letter Steps
Verify contractor license at myfloridalicense.com - unlicensed work strengthens your case significantly
Document all damages including roof repairs, system failures, and lost savings
Calculate actual vs. promised production using utility bills and monitoring data
Get independent assessment from a licensed Florida solar contractor
Key Letter Components
Identification: Your name, property address, contractor information, and contract date
License Status: Note whether contractor is properly licensed under F.S. 489
Factual Summary: What was promised vs. what was delivered
Florida Law Violations: Cite F.S. 489, F.S. 501.059, and FDUTPA
Damages Calculation: Itemized list of all financial harm
Demand: Specific relief requested and deadline (typically 14-30 days)
Consequences: Licensing Board complaint, FDUTPA lawsuit with attorney fees
Damages Calculation
Sample Florida Solar Fraud Damages
Total contract price paid/financed$35,000
Fair market value of system installed$18,000
Overcharge amount$17,000
Financing interest paid to date$3,200
Promised savings shortfall (3 years)$4,800
Roof repair from improper installation$5,500
TOTAL DAMAGES$30,500 + attorney fees
Florida Court Jurisdiction: Small claims handles up to $8,000. County court covers $8,001-$50,000. Circuit court handles over $50,000 and complex cases. Most solar fraud exceeds small claims limits. FDUTPA attorney fee recovery makes legal representation viable.
Sample Florida Solar Fraud Demand Letter
[Date]
Via Certified Mail and Email
[Solar Company Name]
[Registered Agent Address from sunbiz.org]
[City, FL ZIP]
Re: Demand for Damages - Solar Installation Fraud
Property: [Your Address]
Contract Date: [Date]
Florida License #: [License Number or "UNLICENSED"]
Amount Due: $[Total Damages]
Dear [Solar Company Name]:
I am writing to demand compensation for damages resulting from your fraudulent solar installation at my property in violation of Florida law, including F.S. Chapter 489 (Construction Contracting), F.S. 501.059 (Solar Equipment Sales), and the Florida Deceptive and Unfair Trade Practices Act (F.S. 501.201 et seq.).
BACKGROUND
On [Date], your sales representative [Name] came to my home and made the following representations to induce me to purchase a solar system:
1. That the system would reduce my electricity bills by [Promised Amount/Percentage] per month
2. That the system would produce [Promised kWh] annually
3. That my monthly payment would be less than my current utility bill
4. That [Other specific representations]
In reliance on these representations, I signed a contract on [Date] for a total system cost of $[Contract Price], financed through [Financing Type].
FLORIDA LAW VIOLATIONS
Your conduct violates multiple Florida statutes:
1. CONTRACTOR LICENSING VIOLATIONS (F.S. 489):
[Choose applicable:]
- Your company [is not licensed / was not properly licensed at time of installation] to perform solar contracting in Florida. Under F.S. 489.127, unlicensed contracting is a third-degree felony and I am entitled to void the contract and recover all payments.
- Your company violated F.S. 489.126 by failing to perform work in accordance with Florida building codes and contract specifications. [Describe specific code violations or defects].
2. SOLAR SALES VIOLATIONS (F.S. 501.059):
- This contract was executed at my home, making it subject to F.S. 501.059's 3-day cancellation requirement.
- Your contract [failed to include proper cancellation notice / failed to provide cancellation form / did not comply with 10-point bold type requirement], extending my cancellation rights under F.S. 501.059(6).
3. FDUTPA VIOLATIONS (F.S. 501.201 et seq.):
- Your false representations about energy savings and system production constitute unfair and deceptive trade practices under F.S. 501.204.
- Your [describe other deceptive conduct: high-pressure tactics, misrepresentations, bait-and-switch, etc.].
FALSE REPRESENTATIONS
The representations made by your company were materially false:
FALSE ENERGY SAVINGS: Your company promised my utility bills would decrease by $[Amount] per month. In reality, my bills have [increased / stayed the same / only decreased by $X]. My system has produced only [Actual kWh], which is [Percentage]% below promised production.
OVERPRICED SYSTEM: Independent assessments value the system installed at approximately $[Fair Value], while I was charged $[Contract Price] - an overcharge of $[Difference].
INSTALLATION DEFECTS: [Describe defects: roof leaks, fire hazards, code violations, unpermitted work, etc.]
DAMAGES CALCULATION
As a direct result of your fraudulent conduct, I have suffered the following damages:
Contract price paid/financed: $[Amount]
Less fair market value: ($[FMV])
Overcharge amount: $[Difference]
Financing interest paid: $[Amount]
Lost promised energy savings: $[Amount]
Roof/property repair costs: $[Amount]
[Other damages]: $[Amount]
----------------------------------------
TOTAL DAMAGES: $[Total]
DEMAND
I demand that within thirty (30) days of this letter, you provide the following:
1. Full refund of $[Amount] representing the overcharge and damages;
2. Payment of $[Amount] for roof repairs and remediation;
3. [If applicable: Removal of the defective system at your expense];
4. Release of any financing lien on my property.
ALTERNATIVELY, rescind the entire contract and return all payments made totaling $[Total Paid].
CONSEQUENCES OF NON-COMPLIANCE
If I do not receive appropriate relief within 30 days, I will:
1. File suit in [County] County Circuit Court seeking damages plus attorney fees under FDUTPA (F.S. 501.2105);
2. File a complaint with the Florida Construction Licensing Board;
3. File a complaint with the Florida Attorney General Consumer Protection Division;
4. [If unlicensed: Report unlicensed contracting to state attorney for criminal prosecution under F.S. 489.127].
Under FDUTPA, I am entitled to recover attorney fees if I prevail. The cost of defending this claim will far exceed the amounts at issue.
Sincerely,
[Your Name]
[Your Address]
[Your Email]
[Your Phone]
Enclosures:
- Solar installation contract
- Financing agreement
- Utility bills (before and after installation)
- System production/monitoring data
- Photos of installation and defects
- Independent contractor assessment
- Building permit records
- Contractor license lookup from myfloridalicense.com
Unlicensed contracting is a third-degree felony in Florida (F.S. 489.127). You can void the contract entirely and recover all payments made. File a complaint with the Construction Licensing Board and report to the local state attorney's office for potential criminal prosecution.
If the contract was signed at your home and the seller failed to provide proper cancellation notice as required, your right to cancel may still be available under F.S. 501.059(6). Review your contract for the required 10-point bold cancellation notice and separate cancellation form.
You can pursue both simultaneously. The demand letter seeks direct resolution while the Licensing Board complaint creates an official record and may trigger investigation. Board complaints can result in restitution orders, fines, and license revocation, adding pressure for settlement.
Attorney Services & Contact
Florida Solar Fraud Recovery
I represent Florida homeowners victimized by solar contractors through false promises, defective installations, and deceptive sales practices. Services include demand letters, Construction Licensing Board complaints, and FDUTPA litigation.
Email owner@terms.law or use Calendly for a paid strategy session.