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CS/CS/HB 1007 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to data centers; creating s. 112.231, 2
F.S.; defining terms; prohibiting an agency from 3
entering into a nondisclosure agreement or other 4
contract that restricts the agency from disclosing 5
certain information to the public; providing that an 6
agreement or contract, or a provision of an agreement 7
or contract, is void and unenforceable under certain 8
circumstances; providing civil penalties; authorizing 9
the state attorney to bring an action to collect a 10
fine; providing applicability; creating s. 163.326, 11
F.S.; providing legislative findings; specifying that 12
local governments maintain authority to exercise power 13
and responsibility over comprehensive planning and 14
land development regulations related to large load 15
customers; prohibiting a large load customer from 16
being considered an electric substation; requiring 17
applicants for construction permits for a certain new 18
data center in specified areas to demonstrate that the 19
operation of the data center will comply with certain 20
provisions and submit a specified study in support of 21
such application; providing applicability; authorizing 22
the local government to waive the prohibition under 23
certain circumstances; providing a directive to the 24
Division of Law Revision; amending s. 288.075, F.S.; 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
providing a definition; providing an exception to a 26
provision allowing an extension of certain 27
confidentiality protections; creating s. 366.043, 28
F.S.; providing legislative findings; defining terms; 29
requiring the Florida Public Service Commission to 30
develop minimum tariff and service requirements for 31
large load customers; requiring that such requirements 32
ensure that large load customers bear their costs of 33
service and that such costs are not shifted to the 34
general body of ratepayers; requiring certain measures 35
to minimize the risk of nonpayment of such costs; 36
requiring that such minimum tariff and service 37
requirements include certain provisions designed to 38
prevent a public utility from providing electric 39
service to a large load customer that is a foreign 40
entity; prohibiting a customer from separating a 41
certain electrical load into multiple smaller 42
connections for a specified purpose; authorizing the 43
commission to include certain measures in minimum 44
tariff and service requirements; prohibiting any 45
tariff, contractual provision, service requirement, or 46
other public utility policy from preventing or 47
hindering the curtailment or interruption of electric 48
service to a large load customer for certain purposes; 49
prohibiting a public utility from knowingly providing 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
electric service to a large load customer that is a 51
foreign entity; requiring the commission to adopt 52
rules by a specified date; specifying a deadline for 53
utilities to file a tariff in compliance with the 54
final rule; amending s. 373.203, F.S.; defining terms; 55
creating s. 373.262, F.S.; providing legislative 56
intent; prohibiting the governing board of a water 57
management district or the Department of Environmental 58
Protection from issuing a permit for the consumptive 59
use of water to a large-scale data center under 60
certain circumstances; requiring that such permit be 61
issued to a large-scale data center applicant if the 62
applicant establishes that the proposed use of water 63
satisfies certain requirements; requiring the 64
governing board or the department to require the use 65
of reclaimed water for a large-scale data center 66
applicant's allocation when certain requirements are 67
met; specifying requirements for certain permit 68
applications; prohibiting the approval of permit 69
applications without a hearing; amending s. 373.239, 70
F.S.; requiring that consumptive use permit 71
modifications proposed by a large-scale data center be 72
treated in a specified manner; providing effective 73
dates. 74
75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Be It Enacted by the Legislature of the State of Florida: 76
77
Section 1. Section 112.231, Florida Statutes, is created 78
to read: 79
112.231 Data center nondisclosure agreements.— 80
(1) As used in this section, the term: 81
(a) "Agency" means any state, county, district, authority, 82
or municipal officer, public employee, department, division, 83
board, bureau, or commission, or other separate unit of 84
government created or established by law and any other public or 85
private agency, person, partnership, corporation, or business 86
entity acting on behalf of any such agency. 87
(b) "Data center" means a facility that primarily contains 88
electronic equipment used to process, store, and transmit 89
digital information, which may be: 90
1. A free-standing structure; or 91
2. A facility within a larger structure which uses 92
environmental control equipment to maintain the proper 93
conditions for the operation of electronic equipment. 94
(2) An agency may not enter into a nondisclosure agreement 95
or other contract restricting the agency from disclosing 96
information about a potential data center development to members 97
of the public. 98
(3) An agreement or contract, or a provision of an 99
agreement or contract, that violates this section is against 100
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public policy and is void and unenforceable. 101
(4) An agency that violates this section is subject to a 102
civil fine of not more than $1,000. The state attorney of the 103
county in which the violation occurred may bring an action to 104
collect the fine. 105
(5) This section applies to agreements entered into on or 106
after July 1, 2026. 107
Section 2. Effective upon becoming a law, section 163.326, 108
Florida Statutes, is created to read: 109
163.326 Large load customer considerations.— 110
(1) The Legislature finds that certain land uses, 111
including facilities with substantial electric or other utility 112
demands, such as data centers and other large load customers as 113
defined in s. 366.043(2), may present unique planning, 114
infrastructure, and compatibility considerations. The 115
Legislature intends that such considerations shall be addressed 116
through local comprehensive planning and land development 117
regulations adopted pursuant to this chapter, including 118
provisions related to infrastructure capacity, land use 119
compatibility, environmental impacts, and the efficient 120
provision of public facilities and services. 121
(2) Local governments shall maintain the authority to 122
exercise the powers and responsibilities for comprehensive 123
planning and land development regulation granted by law with 124
respect to large load customers. A large load customer may not 125
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be considered an electric substation for the purposes of s. 126
163.3208. 127
(3)(a) If the proposed location of a new large-scale data 128
center, as defined in s. 373.203, is within 5 miles of any 129
residential property or school, as measured from the proposed 130
location of the nearest noise producing structure on the 131
proposed data center site, an applicant for a construction 132
permit for the data center must demonstrate that operation of 133
the data center will comply with applicable federal and state 134
rules and regulations relating to radiofrequency emissions, 135
applicable local noise control or abatement ordinances, and all 136
other applicable land use regulations. In support of the 137
construction permit application, the applicant must submit an 138
independently prepared noise impact study that uses 139
scientifically accepted methodologies. The study must describe 140
the methodologies and assumptions relied upon in developing the 141
study, provide all relevant data relied upon in developing the 142
study, and be readily understandable by both technical and 143
nontechnical audiences. The study must address the expected 144
levels of noise emissions from operation of the proposed data 145
center as compared to no-build noise emission levels and address 146
the impacts of all noise mitigation measures proposed by the 147
applicant to ensure compliance with applicable noise control or 148
abatement requirements. Such measures may include, but are not 149
limited to, facility soundproofing measures, external noise 150
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attenuation measures, low-frequency noise attenuation measures, 151
low-noise equipment, and natural or geographic features. This 152
subsection does not apply to any existing construction, current 153
operation, or modification of a data center in existence on the 154
effective date of this section, unless such construction, 155
operation, or modification results in the data center meeting 156
the criteria to be considered a large-scale data center as 157
defined in s. 373.203. 158
(b) The requirements in paragraph (a) may be waived by a 159
unanimous vote of the total membership of the governing body of 160
the local government with jurisdiction over the parcel of land 161
that will include the proposed data center. 162
Section 3. The Division of Law Revision is directed to 163
replace the phrase "the effective date of this section" wherever 164
it occurs in this act with the date that section becomes a law. 165
Section 4. Paragraphs (a), (b), and (c) of subsection (1) 166
of section 288.075, Florida Statutes, are redesignated as 167
paragraphs (b), (c), and (d), respectively, paragraph (a) of 168
subsection (2) is amended, and a new paragraph (a) is added to 169
subsection (1) of that section, to read: 170
288.075 Confidentiality of records.— 171
(1) DEFINITIONS.—As used in this section, the term: 172
(a) "Data center" has the same meaning as in s. 373.203. 173
(2) PLANS, INTENTIONS, AND INTERESTS.— 174
(a)1. If a private corporation, partnership, or person 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
requests in writing before an economic incentive agreement is 176
signed that an economic development agency maintain the 177
confidentiality of information concerning plans, intentions, or 178
interests of such private corporation, partnership, or person to 179
locate, relocate, or expand any of its business activities in 180
this state, the information is confidential and exempt from s. 181
119.07(1) and s. 24(a), Art. I of the State Constitution for 12 182
months after the date an economic development agency receives a 183
request for confidentiality or until the information is 184
otherwise disclosed, whichever occurs first. 185
2. An economic development agency may extend the period of 186
confidentiality specified in subparagraph 1. for up to an 187
additional 12 months upon written request from the private 188
corporation, partnership, or person who originally requested 189
confidentiality under this section and upon a finding by the 190
economic development agency that such private corporation, 191
partnership, or person is still actively considering locating, 192
relocating, or expanding its business activities in this state. 193
Such a request for an extension in the period of confidentiality 194
must be received prior to the expiration of any confidentiality 195
originally provided under subparagraph 1. This subparagraph does 196
not apply to information described in subparagraph 1. related to 197
data centers. 198
199
If a final project order for a signed economic development 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
agreement is issued, then the information will remain 201
confidential and exempt for 180 days after the final project 202
order is issued, until a date specified in the final project 203
order, or until the information is otherwise disclosed, 204
whichever occurs first. However, such period of confidentiality 205
may not extend beyond the period of confidentiality established 206
in subparagraph 1. or subparagraph 2. 207
Section 5. Section 366.043, Florida Statutes, is created 208
to read: 209
366.043 Large load tariffs for public electric utilities.— 210
(1) The Legislature finds that the provision of safe and 211
reliable electric services, provided at fair, just, and 212
reasonable rates, is essential to the welfare of the ratepayers 213
of this state. The Legislature further finds that when one class 214
of electric service customer requires uniquely large electrical 215
loads at a single location, it imposes a disproportionate risk 216
on the other ratepayers of this state and makes it necessary for 217
the commission to develop and enforce rate structures and other 218
policies for such customers which ensure such risk is mitigated 219
as much as possible and prevent shifting the costs of serving 220
large load customers to the general body of ratepayers. 221
(2) As used in this section, the term: 222
(a) "Controlled by" means having the power to direct or 223
cause the direction of the management or policies of a company, 224
whether through ownership of securities, by contract, or 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
otherwise. A person or an entity that directly or indirectly has 226
the right to vote 25 percent or more of the voting interests of 227
the company or that is entitled to 25 percent or more of its 228
profits is presumed to control the entity. 229
(b) "Foreign country of concern" has the same meaning as 230
in s. 692.201. 231
(c) "Foreign entity" means an entity that is: 232
1. Owned or controlled by the government of a foreign 233
country of concern; or 234
2. A partnership, an association, a corporation, an 235
organization, or other combination of persons organized under 236
the laws of or having its principal place of business in a 237
foreign country of concern, or a subsidiary of such entity. 238
(d) "Large load customer" means a customer with an 239
anticipated monthly peak load of 50 megawatts or more, 240
calculated as the highest average load over a 15-minute interval 241
at a single location. The term does not include a load 242
aggregated across multiple locations owned by the same customer. 243
However, the term includes all customers or other entities that 244
have entered into a colocation or similar agreement at a single 245
location that otherwise meets the anticipated monthly peak load 246
provided in this paragraph. 247
(e) "Public utility" has the same meaning as in s. 366.02, 248
except that the term does not include a gas utility. 249
(3) The commission shall develop minimum tariff and 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
service requirements for large load customers pursuant to all of 251
the following: 252
(a) The minimum tariff and service requirements must 253
reasonably ensure that each large load customer bears its own 254
full cost of service and that such cost is not shifted to the 255
general body of ratepayers. Such cost of service includes, but 256
is not limited to, connection, incremental transmission, 257
incremental generation, and other infrastructure costs; 258
operations and maintenance expenses; and any other costs 259
required to serve a large load customer. The risk of nonpayment 260
of such costs may not be borne by the general body of 261
ratepayers. 262
(b) The minimum tariff and service requirements must 263
include provisions reasonably designed to prevent a public 264
utility from providing electric service to a customer that would 265
otherwise qualify as a large load customer if that customer is a 266
foreign entity. 267
(4) A customer may not separate an electrical load at a 268
single location into multiple smaller connections to avoid being 269
classified as a large load customer. 270
(5) To effectuate the requirements of subsection (3), the 271
commission may include in such requirements utility industry-272
accepted ratemaking and other financial tools, including, but 273
not limited to, all of the following: 274
(a) Contributions in aid of construction or other required 275
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customer infrastructure investments that may be returned, in 276
whole or in part, to such customers over time. 277
(b) Demand charges, including minimum demand charges. 278
(c) Incremental generation charges. 279
(d) Financial guarantees. 280
(e) Minimum load factors. 281
(f) Take-or-pay provisions or similar provisions requiring 282
payment for contracted capacity, regardless of a large load 283
customer's actual electricity use or demand. 284
(g) Minimum period of service contract requirements, 285
including early termination fees or other fees for violation of 286
such contracts. 287
(6) Any tariff, contractual provision, service 288
requirement, or other public utility policy relating to large 289
load customers may not prevent or otherwise hinder the 290
curtailment or interruption of electric service to a large load 291
customer where such curtailment or interruption is intended to 292
ensure grid stability, reduce the likelihood or breadth of wider 293
service outages, or ensure public safety during an emergency or 294
other exceptional circumstance. 295
(7) A public utility may not knowingly provide electric 296
service to a customer that would otherwise qualify as a large 297
load customer if that customer is a foreign entity. 298
(8) The commission shall adopt rules to implement and 299
administer this section and shall propose a rule for adoption by 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
March 1, 2027. 301
(9) Within 60 days after adoption of the final rule 302
implementing this section, each public utility shall file, for 303
commission approval, a tariff that complies with the final rule. 304
Section 6. Effective upon becoming a law, subsections (3) 305
and (4) of section 373.203, Florida Statutes, are redesignated 306
as subsections (5) and (6), respectively, and new subsections 307
(3) and (4) are added to that section, to read: 308
373.203 Definitions.— 309
(3) "Data center" means a facility that primarily contains 310
electronic equipment used to process, store, and transmit 311
digital information, which may be: 312
(a) A free-standing structure; or 313
(b) A facility within a larger structure which uses 314
environmental control equipment to maintain the proper 315
conditions for the operation of electronic equipment. 316
(4) "Large-scale data center" means a single location, 317
with a data center on site, that has an anticipated monthly peak 318
load of 50 megawatts or more, calculated as the highest average 319
load over a 15-minute interval. The term does not include a load 320
aggregated across multiple locations owned by the same customer. 321
However, the term includes all customers or other entities that 322
have entered into a colocation or similar agreement at a single 323
location that otherwise meets the anticipated monthly peak load 324
provided in this subsection. 325
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Section 7. Section 373.262, Florida Statutes, is created 326
to read: 327
373.262 Large-scale data center permitting.— 328
(1) It is the intent of the Legislature that the 329
development and operation of large-scale data centers in this 330
state be managed under a permitting framework that ensures this 331
state's water resources are used in the public interest, in a 332
manner that is not harmful to the water resources of this state, 333
and consistent with local government zoning regulations and 334
comprehensive plans. 335
(2) Consistent with other provisions of this part, the 336
governing board of a water management district or the department 337
may not issue a permit to a large-scale data center applicant 338
for an allocation of water if the proposed use of the water is 339
harmful to the water resources of the area or is prohibited by 340
the applicable local government zoning regulations and 341
comprehensive plan. A permit shall be issued to a large-scale 342
data center applicant for an allocation of water if the 343
applicant establishes that the proposed use of water: 344
(a) Is a reasonable-beneficial use as defined in s. 345
373.019; 346
(b) Will not interfere with any presently existing legal 347
use of water; and 348
(c) Is consistent with the public interest. 349
(3) The governing board or the department shall require 350
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the use of reclaimed water in lieu of all or a portion of a 351
proposed use of surface water or groundwater by a large-scale 352
data center applicant when: 353
(a) A suitable reclaimed water supply source is available 354
and permitted; 355
(b) Reclaimed water distribution or supply lines are 356
available at the property boundary in sufficient capacity and 357
quality to serve the applicant's needs; 358
(c) The applicant is capable of accessing the reclaimed 359
water source through distribution or supply lines; 360
(d) Use of reclaimed water is environmentally, 361
economically, and technically feasible; and 362
(e) Use of reclaimed water would not conflict with the 363
requirements contained in the applicant's surface water 364
discharge permit, if applicable. 365
(4)(a) In addition to the requirements of s. 373.229, all 366
permit applications made under this part requesting an 367
allocation of at least an average daily flow of 100,000 gallons 368
of water per day by a large-scale data center must contain: 369
1. All sources and amounts of water and losses of water 370
used for cooling, industrial and treatment processes, personal 371
or sanitary needs of employees, and landscape irrigation; and 372
2. A water conservation plan that, at a minimum, 373
incorporates recycling cooling water before discharge or 374
disposal, implementation of a leak detection and repair program, 375
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use of water efficient fixtures, and implementation of an 376
employee awareness and education program concerning water 377
conservation. 378
(b) Notwithstanding s. 373.229(4), the governing board or 379
the department may not approve a permit application made under 380
this part by a large-scale data center without a hearing. 381
Section 8. Subsection (2) of section 373.239, Florida 382
Statutes, is amended to read: 383
373.239 Modification and renewal of permit terms.— 384
(2) If the proposed modification involves water use of 385
100,000 gallons or more per day or is proposed by a large-scale 386
data center as defined in s. 373.203, the application shall be 387
treated under the provisions of s. 373.229 in the same manner as 388
the initial permit application. Otherwise, the governing board 389
or the department may at its discretion approve the proposed 390
modification without a hearing, provided the permittee 391
establishes that: 392
(a) A change in conditions has resulted in the water 393
allowed under the permit becoming inadequate for the permittee's 394
need, or 395
(b) The proposed modification would result in a more 396
efficient utilization of water than is possible under the 397
existing permit. 398
Section 9. Except as otherwise expressly provided in this 399
act and except for this section, which shall take effect upon 400
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becoming a law, this act shall take effect July 1, 2026. 401
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