The Florida Senate

CS/CS/SB 484 revises the regulation of large-scale data centers and certain other large electricity users. Specifically, the bill:

• Effective upon becoming a law, maintains the authority of local governments to exercise the powers and responsibilities for comprehensive planning and land development regulation with respect to large load customers. The bill also establishes that large load customers may not be considered an electric substation for the purposes of s. 163.3208, F.S.
• Revises current law which provides a 12-month public records exemption, upon written request, for certain information held by economic development agencies when a business is considering locating, relocating, or expanding in Florida, with a possible 12-month extension upon written request. The bill eliminates the additional 12-month extension for projects that involve data centers. 
• Requires the Public Service Commission (PSC) to implement large load customer tariff and service requirements for public electric utilities. The tariff requirements must reasonably ensure that large load customers (such as large data centers) pay for their own cost of service, the risk of nonpayment of such costs may not be borne by the general body of ratepayers, and include provisions to prevent a public utility from providing electric service to a foreign entity large load customer. To effectuate these requirements, the PSC may approve public utility tariffs that include utility industry-accepted ratemaking and other financial tools.
• Prohibits public utility customers from dividing up loads at a single location to avoid the large load customer tariff and service requirements.
• Provides that tariffs, contracts, or utility policies for large load customers may not prevent or hinder curtailment or interruption of service when necessary to maintain grid stability, limit broader outages, or protect public safety during emergencies or exceptional circumstances.
• Prohibits public electric utilities from knowingly providing service to large load facilities owned or controlled by foreign countries of concern.
• Requires each public utility to file a tariff for the PSC’s approval by October 1, 2026.
• Establishes distinct large-scale data center consumptive use permit (CUP) requirements and an application process. The bill also authorizes water management districts or the Department of Environmental Protection to require large-scale data centers to use some portion of reclaimed water as part of a CUP approval.
• Specifies that CUP modifications involving a large-scale data center must be treated as new, initial applications.
• Requires the Office of Program Policy Analysis and Government Accountability to contract for an independent, interdisciplinary study of policy considerations related to the construction and operation of large-scale data centers. The study must assess impacts on economic development and tax revenues; land, water, and other natural resources; energy use and related cost and rate impacts; and public health and safety. The study must also include recommendations on facility siting and mitigation measures to reduce potential negative impacts.

If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions, except as otherwise provided, take effect on July 1, 2026.

Vote: Senate 31-6; House 92-16