Florida Senate - 2026 SB 484
By Senator Avila
39-01035F-26 2026484__
1 A bill to be entitled
2 An act relating to data centers; creating s. 112.231,
3 F.S.; defining terms; prohibiting an agency from
4 entering into a nondisclosure agreement or other
5 contract that restricts the agency from disclosing
6 certain information to the public; providing that an
7 agreement or contract, or a provision of an agreement
8 or contract, is void and unenforceable under certain
9 circumstances; providing civil penalties; authorizing
10 the state attorney or Attorney General to bring an
11 action to collect a fine; providing applicability;
12 creating s. 163.326, F.S.; providing legislative
13 findings; specifying that local governments maintain
14 authority to exercise power and responsibility over
15 comprehensive planning and land development
16 regulations related to large load customers; creating
17 s. 366.043, F.S.; providing legislative findings;
18 defining terms; requiring the Florida Public Service
19 Commission to develop minimum tariff and service
20 requirements for large load customers; requiring that
21 such requirements ensure that large load customers
22 bear their costs of service and that such costs are
23 not shifted to the general body of ratepayers;
24 specifying the cost of service; prohibiting the
25 general body of ratepayers from bearing the risk of
26 nonpayment of such costs; prohibiting a customer from
27 separating a certain electrical load into multiple
28 smaller connections for a specified purpose;
29 authorizing the commission to include certain measures
30 in minimum tariff and service requirements;
31 prohibiting any tariff, contractual provision, service
32 requirement, or other public utility policy from
33 preventing or hindering the curtailment or
34 interruption of electric service to a large load
35 customer for certain purposes; prohibiting a public
36 utility from providing service to certain customers;
37 requiring the commission to adopt rules by a specified
38 date; specifying a deadline for utilities’ compliance
39 with commission rules; amending s. 373.203, F.S.;
40 defining terms; creating s. 373.262, F.S.; providing
41 legislative intent; prohibiting the governing board of
42 a water management district or the Department of
43 Environmental Protection from issuing a permit for the
44 consumptive use of water to a large-scale data center
45 under certain circumstances; requiring that such
46 permit be issued to a large-scale data center
47 applicant if the applicant establishes that the
48 proposed use of water satisfies certain requirements;
49 requiring the governing board or the department to
50 require the use of reclaimed water for a large-scale
51 data center applicant’s allocation when certain
52 requirements are met; specifying requirements for
53 certain permit applications; prohibiting the approval
54 of permit applications without a hearing; amending s.
55 373.239, F.S.; requiring that consumptive use permit
56 modifications proposed by a large-scale data center be
57 treated in a specified manner; providing an effective
58 date.
59
60 Be It Enacted by the Legislature of the State of Florida:
61
62 Section 1. Section 112.231, Florida Statutes, is created to
63 read:
64 112.231 Data center nondisclosure agreements.—
65 (1) As used in this section, the term:
66 (a) “Agency” means any state, county, district, authority,
67 or municipal officer, public employee, department, division,
68 board, bureau, or commission, or other separate unit of
69 government created or established by law and any other public or
70 private agency, person, partnership, corporation, or business
71 entity acting on behalf of any such agency.
72 (b) “Data center” means a facility that primarily contains
73 electronic equipment used to process, store, and transmit
74 digital information, which may be:
75 1. A free-standing structure; or
76 2. A facility within a larger structure which uses
77 environmental control equipment to maintain the proper
78 conditions for the operation of electronic equipment.
79 (2) An agency may not enter into a nondisclosure agreement
80 or other contract restricting the agency from disclosing
81 information about a potential data center development to members
82 of the public.
83 (3) An agreement or contract, or a provision of an
84 agreement or contract, that violates this section is against
85 public policy and is void and unenforceable.
86 (4) An agency that violates this section is subject to a
87 civil fine of not more than $1,000. The state attorney of the
88 county in which the violation occurred or the attorney general
89 may bring an action to collect the fine.
90 (5) This section applies to agreements entered into on or
91 after July 1, 2026.
92 Section 2. Section 163.326, Florida Statutes, is created to
93 read:
94 163.326 Large load customer considerations.—
95 (1) The Legislature finds that certain land uses, including
96 facilities with substantial electric or other utility demands,
97 such as data centers and other large load customers as defined
98 in s. 366.043(2)(d), may present unique planning,
99 infrastructure, and compatibility considerations. The
100 Legislature intends that such considerations shall be addressed
101 through local comprehensive planning and land development
102 regulations adopted pursuant to this chapter, including
103 provisions related to infrastructure capacity, land use
104 compatibility, environmental impacts, and the efficient
105 provision of public facilities and services.
106 (2) Local governments shall maintain the authority to
107 exercise the powers and responsibilities for comprehensive
108 planning and land development regulation granted by law with
109 respect to large load customers.
110 Section 3. Section 366.043, Florida Statutes, is created to
111 read:
112 366.043 Large load tariffs for public electric utilities.—
113 (1) The Legislature finds that the provision of safe and
114 reliable electric services, provided at fair, just, and
115 reasonable rates, is essential to the welfare of the ratepayers
116 of this state. The Legislature further finds that when one class
117 of electric service customer requires uniquely large electrical
118 loads at a single location, it imposes a disproportionate risk
119 on the other ratepayers of this state and makes it necessary for
120 the commission to develop and enforce rate structures and other
121 policies for such customers which ensure such risk is mitigated
122 as much as possible and prevent shifting the costs of serving
123 large load customers to the general body of ratepayers.
124 (2) As used in this section, the term:
125 (a) “Controlled by” means having the power to direct or
126 cause the direction of the management or policies of a company,
127 whether through ownership of securities, by contract, or
128 otherwise. A person or an entity that directly or indirectly has
129 the right to vote 25 percent or more of the voting interests of
130 the company or that is entitled to 25 percent or more of its
131 profits is presumed to control the entity.
132 (b) “Foreign country of concern” has the same meaning as in
133 s. 692.201.
134 (c) “Foreign entity” means an entity that is:
135 1. Owned or controlled by the government of a foreign
136 country of concern; or
137 2. A partnership, an association, a corporation, an
138 organization, or other combination of persons organized under
139 the laws of or having its principal place of business in a
140 foreign country of concern, or a subsidiary of such entity.
141 (d) “Large load customer” means a customer with an
142 anticipated monthly peak load of 50 megawatts or more,
143 calculated as the highest average load over a 15-minute interval
144 at a single location. This does not include a load aggregated
145 across multiple locations owned by the same customer. However,
146 it does include all customers or other entities that have
147 entered into a colocation or similar agreement at a single
148 location that otherwise meets the anticipated monthly peak load
149 provided in this paragraph.
150 (e) “Public utility” has the same meaning as in s. 366.02,
151 except that it does not include a gas utility.
152 (3) The commission shall develop minimum tariff and service
153 requirements for large load customers. The minimum tariff and
154 service requirements must reasonably ensure that each large load
155 customer bears its own full cost of service and that such cost
156 is not shifted to the general body of ratepayers. Such cost of
157 service includes, but is not limited to, connection, incremental
158 transmission, incremental generation, and other infrastructure
159 costs; operations and maintenance expenses; and any other costs
160 required to serve a large load customer. The risk of nonpayment
161 of such costs may not be borne by the general body of
162 ratepayers.
163 (4) A customer may not separate an electrical load at a
164 single location into multiple smaller connections to avoid being
165 classified as a large load customer.
166 (5) To effectuate the requirements of subsection (3), the
167 commission may include in such requirements utility industry
168 accepted ratemaking and other financial tools, including, but
169 not limited to, all of the following:
170 (a) Contributions in aid of construction or other required
171 customer infrastructure investments that may be returned, in
172 whole or in part, to such customers over time.
173 (b) Demand charges, including minimum demand charges.
174 (c) Incremental generation charges.
175 (d) Financial guarantees.
176 (e) Minimum load factors.
177 (f) Take-or-pay provisions or similar provisions requiring
178 payment for contracted capacity, regardless of a large load
179 customer’s actual electricity use or demand.
180 (g) Minimum period of service contract requirements,
181 including early termination fees or other fees for violation of
182 such contracts.
183 (6) Any tariff, contractual provision, service requirement,
184 or other public utility policy relating to large load customers
185 may not prevent or otherwise hinder the curtailment or
186 interruption of electric service to a large load customer where
187 such curtailment or interruption is intended to ensure grid
188 stability, reduce the likelihood or breadth of wider service
189 outages, or ensure public safety during an emergency or other
190 exceptional circumstance.
191 (7) A public utility may not provide electric services to a
192 customer that would otherwise qualify as a large load customer
193 if that customer is a foreign entity.
194 (8) The commission shall adopt rules to implement and
195 administer this section and shall propose a rule for adoption by
196 January 1, 2027.
197 (9) The commission shall ensure that all public utilities
198 have complied with the rules adopted pursuant to this section by
199 January 1, 2028. Any revision to a public utility’s tariffs
200 which is necessary to comply with such rules must be effective
201 no later than this date.
202 Section 4. Present subsections (3) and (4) of section
203 373.203, Florida Statutes, are redesignated as subsections (5)
204 and (6), respectively, and new subsections (3) and (4) are added
205 to that section, to read:
206 373.203 Definitions.—
207 (3) “Data center” means a facility that primarily contains
208 electronic equipment used to process, store, and transmit
209 digital information, which may be:
210 (a) A free-standing structure; or
211 (b) A facility within a larger structure which uses
212 environmental control equipment to maintain the proper
213 conditions for the operation of electronic equipment.
214 (4) “Large-scale data center” means a single location, with
215 a data center on site, that has an anticipated monthly peak load
216 of 50 megawatts or more, calculated as the highest average load
217 over a 15-minute interval. This does not include a load
218 aggregated across multiple locations owned by the same customer.
219 However, it does include all customers or other entities that
220 have entered into a colocation or similar agreement at a single
221 location that otherwise meets the anticipated monthly peak load
222 provided in this subsection.
223 Section 5. Section 373.262, Florida Statutes, is created to
224 read:
225 373.262 Large-scale data center permitting.—
226 (1) It is the intent of the Legislature that the
227 development and operation of large-scale data centers in this
228 state be managed under a permitting framework that ensures this
229 state’s water resources are used in the public interest, in a
230 manner that is not harmful to the water resources of this state,
231 and consistent with local government zoning regulations and
232 comprehensive plans.
233 (2) Consistent with other provisions of this part, the
234 governing board of a water management district or the department
235 may not issue a permit to a large-scale data center applicant
236 for an allocation of water if the proposed use of the water is
237 harmful to the water resources of the area or is prohibited by
238 the applicable local government zoning regulations and
239 comprehensive plan. A permit shall be issued to a large-scale
240 data center applicant for an allocation of water if the
241 applicant establishes that the proposed use of water:
242 (a) Is a reasonable-beneficial use as defined in s.
243 373.019;
244 (b) Will not interfere with any presently existing legal
245 use of water; and
246 (c) Is consistent with the public interest.
247 (3) The governing board or the department shall require the
248 use of reclaimed water in lieu of all or a portion of a proposed
249 use of surface water or groundwater by a large-scale data center
250 applicant when:
251 (a) A suitable reclaimed water supply source is available
252 and permitted;
253 (b) Reclaimed water distribution or supply lines are
254 available at the property boundary in sufficient capacity and
255 quality to serve the applicant’s needs;
256 (c) The applicant is capable of accessing the reclaimed
257 water source through distribution or supply lines;
258 (d) Use of reclaimed water is environmentally,
259 economically, and technically feasible; and
260 (e) Use of reclaimed water would not conflict with the
261 requirements contained in the applicant’s surface water
262 discharge permit, if applicable.
263 (4)(a) In addition to the requirements of s. 373.229, all
264 permit applications made under this part requesting an
265 allocation of at least an average daily flow of 100,000 gallons
266 of water per day by a large-scale data center must contain:
267 1. All sources and amounts of water and losses of water
268 used for cooling, industrial and treatment processes, personal
269 or sanitary needs of employees, and landscape irrigation; and
270 2. A water conservation plan that, at a minimum,
271 incorporates recycling cooling water before discharge or
272 disposal, implementation of a leak detection and repair program,
273 use of water efficient fixtures, and implementation of an
274 employee awareness and education program concerning water
275 conservation.
276 (b) Notwithstanding s. 373.229(4), the governing board or
277 the department may not approve a permit application made under
278 this part by a large-scale data center without a hearing.
279 Section 6. Subsection (2) of section 373.239, Florida
280 Statutes, is amended to read:
281 373.239 Modification and renewal of permit terms.—
282 (2) If the proposed modification involves water use of
283 100,000 gallons or more per day or is proposed by a large-scale
284 data center as defined in s. 373.203, the application shall be
285 treated under the provisions of s. 373.229 in the same manner as
286 the initial permit application. Otherwise, the governing board
287 or the department may at its discretion approve the proposed
288 modification without a hearing, provided the permittee
289 establishes that:
290 (a) A change in conditions has resulted in the water
291 allowed under the permit becoming inadequate for the permittee’s
292 need, or
293 (b) The proposed modification would result in a more
294 efficient utilization of water than is possible under the
295 existing permit.
296 Section 7. This act shall take effect July 1, 2026.