Data Centers

ENROLLED

2026

Legislature

CS for CS for SB 484, 2nd Engrossed

2026484er
1
2 An act relating to data centers; creating s. 163.326,
3 F.S.; providing legislative findings; specifying that
4 local governments maintain authority to exercise power
5 and responsibility over comprehensive planning and
6 land development regulations relating to large load
7 customers; prohibiting a large load customer from
8 being considered an electric substation; amending s.
9 288.075, F.S.; defining the term “data center”;
10 providing an exception to a provision allowing an
11 extension of certain confidentiality protections;
12 creating s. 366.043, F.S.; providing legislative
13 findings; defining terms; requiring public utilities
14 to provide certain minimum tariff and service
15 requirements for large load customers; requiring that
16 such requirements ensure that large load customers
17 bear their costs of service and that such costs are
18 not shifted to the general body of ratepayers;
19 requiring certain measures to minimize the risk of
20 nonpayment of such costs; requiring that such minimum
21 tariff and service requirements include certain
22 provisions designed to prevent a public utility from
23 providing electric service to a large load customer
24 that is a foreign entity; prohibiting a customer from
25 separating a certain electrical load into multiple
26 smaller connections for a specified purpose;
27 authorizing the Florida Public Service Commission to
28 approve public utility tariffs that include certain
29 utility industry-accepted ratemaking and other
30 financial tools; prohibiting any tariff, contractual
31 provision, service requirement, or other public
32 utility policy from preventing or hindering the
33 curtailment or interruption of electric service to a
34 large load customer for certain purposes; prohibiting
35 a public utility from knowingly providing electric
36 service to a large load customer that is a foreign
37 entity; requiring each public utility to file a tariff
38 in compliance with the provisions of the bill by a
39 specified date; amending s. 373.203, F.S.; defining
40 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; requiring the Office of
58 Program Policy Analysis and Government Accountability
59 to contract for a study relating to the construction
60 and operation of large-scale data centers; providing
61 requirements for the study; requiring the study to be
62 submitted to the Governor, the President of the
63 Senate, and the Speaker of the House by a specified
64 date; providing effective dates.
65
66 Be It Enacted by the Legislature of the State of Florida:
67
68 Section 1. Effective upon becoming a law, section 163.326,
69 Florida Statutes, is created to read:
70
163.326 Large load customer considerations.—

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(1) The Legislature finds that certain land uses, including

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facilities with substantial electric or other utility demands,

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such as data centers and other large load customers as defined

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in s. 366.043(2), may present unique planning, infrastructure,

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and compatibility considerations. The Legislature intends that

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such considerations shall be addressed through local

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comprehensive planning and land development regulations adopted

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pursuant to this chapter, including provisions related to

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infrastructure capacity, land use compatibility, environmental

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impacts, and the efficient provision of public facilities and

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services.

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(2) Local governments shall maintain the authority to

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exercise the powers and responsibilities for comprehensive

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planning and land development regulation granted by law with

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respect to large load customers. A large load customer may not

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be considered an electric substation for the purposes of s.

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163.3208.

88 Section 2. Paragraphs (a), (b), and (c) of subsection (1)
89 of section 288.075, Florida Statutes, are redesignated as
90 paragraphs (b), (c), and (d), respectively, paragraph (a) of
91 subsection (2) is amended, and a new paragraph (a) is added to
92 subsection (1) of that section, to read:
93 288.075 Confidentiality of records.—
94 (1) DEFINITIONS.—As used in this section, the term:
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(a) “Data center” has the same meaning as in s. 373.203.

96 (2) PLANS, INTENTIONS, AND INTERESTS.—
97 (a)1. If a private corporation, partnership, or person
98 requests in writing before an economic incentive agreement is
99 signed that an economic development agency maintain the
100 confidentiality of information concerning plans, intentions, or
101 interests of such private corporation, partnership, or person to
102 locate, relocate, or expand any of its business activities in
103 this state, the information is confidential and exempt from s.
104 119.07(1) and s. 24(a), Art. I of the State Constitution for 12
105 months after the date an economic development agency receives a
106 request for confidentiality or until the information is
107 otherwise disclosed, whichever occurs first.
108 2. An economic development agency may extend the period of
109 confidentiality specified in subparagraph 1. for up to an
110 additional 12 months upon written request from the private
111 corporation, partnership, or person who originally requested
112 confidentiality under this section and upon a finding by the
113 economic development agency that such private corporation,
114 partnership, or person is still actively considering locating,
115 relocating, or expanding its business activities in this state.
116 Such a request for an extension in the period of confidentiality
117 must be received prior to the expiration of any confidentiality
118 originally provided under subparagraph 1.
This subparagraph does

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not apply to information described in subparagraph 1. relating

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to data centers.

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122 If a final project order for a signed economic development
123 agreement is issued, then the information will remain
124 confidential and exempt for 180 days after the final project
125 order is issued, until a date specified in the final project
126 order, or until the information is otherwise disclosed,
127 whichever occurs first. However, such period of confidentiality
128 may not extend beyond the period of confidentiality established
129 in subparagraph 1. or subparagraph 2.
130 Section 3. Section 366.043, Florida Statutes, is created to
131 read:
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366.043 Large load tariffs for public electric utilities.—

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(1) The Legislature finds that the provision of safe and

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reliable electric services, provided at fair, just, and

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reasonable rates, is essential to the welfare of the ratepayers

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of this state. The Legislature further finds that when one class

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of electric service customer requires uniquely large electrical

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loads at a single location, it imposes a disproportionate risk

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on the other ratepayers of this state and makes it necessary for

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the commission to develop and enforce rate structures and other

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policies for such customers which ensure such risk is mitigated

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as much as possible and prevent shifting the costs of serving

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large load customers to the general body of ratepayers.

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(2) As used in this section, the term:

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(a) “Controlled by” means having the power to direct or

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cause the direction of the management or policies of a company,

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whether through ownership of securities, by contract, or

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otherwise. A person or an entity that directly or indirectly has

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the right to vote 25 percent or more of the voting interests of

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the company or that is entitled to 25 percent or more of its

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profits is presumed to control the entity.

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(b) “Foreign country of concern” has the same meaning as in

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s. 692.201.

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(c) “Foreign entity” means an entity that is:

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1. Owned or controlled by the government of a foreign

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country of concern; or

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2. A partnership, an association, a corporation, an

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organization, or other combination of persons organized under

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the laws of or having its principal place of business in a

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foreign country of concern, or a subsidiary of such entity.

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(d) “Large load customer” means a customer with an

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anticipated monthly peak load of 50 megawatts or more,

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calculated as the highest average load over a 15-minute interval

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at a single location. The term does not include a load

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aggregated across multiple locations owned by the same customer.

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However, the term includes all customers or other entities that

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have entered into a colocation or similar agreement at a single

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location that otherwise meets the anticipated monthly peak load

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provided in this paragraph.

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(e) “Public utility” has the same meaning as in s. 366.02,

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except that the term does not include a gas utility.

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(3) The following minimum tariff and service requirements

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for large load customers are required in public utility tariffs:

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(a) The minimum tariff and service requirements must

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reasonably ensure that each large load customer bears its own

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full cost of service and that such cost is not shifted to the

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general body of ratepayers. Such cost of service includes, but

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is not limited to, connection, incremental transmission,

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incremental generation, and other infrastructure costs;

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operations and maintenance expenses; and any other costs

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required to serve a large load customer. The risk of nonpayment

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of such costs may not be borne by the general body of

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ratepayers.

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(b) The minimum tariff and service requirements must

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include provisions reasonably designed to prevent a public

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utility from providing electric service to a customer that would

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otherwise qualify as a large load customer if that customer is a

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foreign entity.

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(4) A customer may not separate an electrical load at a

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single location into multiple smaller connections to avoid being

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classified as a large load customer.

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(5) To effectuate the requirements of subsection (3), the

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commission may approve public utility tariffs that include

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utility industry-accepted ratemaking and other financial tools,

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including, but not limited to, the following:

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(a) Contributions in aid of construction or other required

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customer infrastructure investments that may be returned, in

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whole or in part, to such customers over time.

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(b) Demand charges, including minimum demand charges.

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(c) Incremental generation charges.

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(d) Financial guarantees.

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(e) Minimum load factors.

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(f) Take-or-pay provisions or similar provisions requiring

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payment for contracted capacity, regardless of a large load

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customer’s actual electricity use or demand.

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(g) Minimum period of service contract requirements,

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including early termination fees or other fees for violation of

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such contracts.

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(6) Any tariff, contractual provision, service requirement,

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or other public utility policy relating to large load customers

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may not prevent or otherwise hinder the curtailment or

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interruption of electric service to a large load customer where

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such curtailment or interruption is intended to ensure grid

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stability, reduce the likelihood or breadth of wider service

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outages, or ensure public safety during an emergency or other

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exceptional circumstance.

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(7) A public utility may not knowingly provide electric

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service to a customer that would otherwise qualify as a large

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load customer if that customer is a foreign entity.

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(8) No later than October 1, 2026, each public utility

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shall file, for commission approval, a tariff that complies with

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this section.

223 Section 4. Effective upon becoming a law, subsections (3)
224 and (4) of section 373.203, Florida Statutes, are redesignated
225 as subsections (5) and (6), respectively, and new subsections
226 (3) and (4) are added to that section, to read:
227 373.203 Definitions.—
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(3) “Data center” means a facility that primarily contains

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electronic equipment used to process, store, and transmit

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digital information, which may be:

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(a) A free-standing structure; or

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(b) A facility within a larger structure which uses

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environmental control equipment to maintain the proper

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conditions for the operation of electronic equipment.

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(4) “Large-scale data center” means a single location, with

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a data center on site, that has an anticipated monthly peak load

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of 50 megawatts or more, calculated as the highest average load

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over a 15-minute interval. The term does not include a load

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aggregated across multiple locations owned by the same customer.

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However, the term includes all customers or other entities that

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have entered into a colocation or similar agreement at a single

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location that otherwise meets the anticipated monthly peak load

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provided in this subsection.

244 Section 5. Section 373.262, Florida Statutes, is created to
245 read:
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373.262 Large-scale data center permitting.—

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(1) It is the intent of the Legislature that the

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development and operation of large-scale data centers in this

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state be managed under a permitting framework that ensures this

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state’s water resources are used in the public interest, in a

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manner that is not harmful to the water resources of this state,

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and consistent with local government zoning regulations and

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comprehensive plans.

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(2) Consistent with other provisions of this part, the

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governing board of a water management district or the department

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may not issue a permit to a large-scale data center applicant

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for an allocation of water if the proposed use of the water is

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harmful to the water resources of the area or is prohibited by

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the applicable local government zoning regulations and

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comprehensive plan. A permit shall be issued to a large-scale

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data center applicant for an allocation of water if the

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applicant establishes that the proposed use of water:

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(a) Is a reasonable-beneficial use as defined in s.

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373.019;

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(b) Will not interfere with any presently existing legal

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use of water; and

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(c) Is consistent with the public interest.

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(3) The governing board or the department shall require the

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use of reclaimed water in lieu of all or a portion of a proposed

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use of surface water or groundwater by a large-scale data center

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applicant when:

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(a) A suitable reclaimed water supply source is available

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and permitted;

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(b) Reclaimed water distribution or supply lines are

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available at the property boundary in sufficient capacity and

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quality to serve the applicant’s needs;

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(c) The applicant is capable of accessing the reclaimed

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water source through distribution or supply lines;

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(d) Use of reclaimed water is environmentally,

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economically, and technically feasible; and

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(e) Use of reclaimed water would not conflict with the

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requirements contained in the applicant’s surface water

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discharge permit, if applicable.

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(4)(a) In addition to the requirements of s. 373.229, all

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permit applications made under this part requesting an

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allocation of at least an average daily flow of 100,000 gallons

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of water per day by a large-scale data center must contain:

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1. All sources and amounts of water and losses of water

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used for cooling, industrial and treatment processes, personal

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or sanitary needs of employees, and landscape irrigation; and

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2. A water conservation plan that, at a minimum,

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incorporates recycling cooling water before discharge or

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disposal, implementation of a leak detection and repair program,

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use of water efficient fixtures, and implementation of an

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employee awareness and education program concerning water

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conservation.

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(b) Notwithstanding s. 373.229(4), the governing board or

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the department may not approve a permit application made under

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this part by a large-scale data center without a hearing.

300 Section 6. Subsection (2) of section 373.239, Florida
301 Statutes, is amended to read:
302 373.239 Modification and renewal of permit terms.—
303 (2) If the proposed modification involves water use of
304 100,000 gallons or more per day
or is proposed by a large-scale

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data center as defined in s. 373.203
, the application shall be
306 treated under the provisions of s. 373.229 in the same manner as
307 the initial permit application. Otherwise, the governing board
308 or the department may at its discretion approve the proposed
309 modification without a hearing, provided the permittee
310 establishes that:
311 (a) A change in conditions has resulted in the water
312 allowed under the permit becoming inadequate for the permittee’s
313 need, or
314 (b) The proposed modification would result in a more
315 efficient utilization of water than is possible under the
316 existing permit.
317 Section 7.
The Office of Program Policy Analysis and

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Government Accountability (OPPAGA) shall contract for an

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independent, interdisciplinary study of policy considerations

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related to the construction and operation of large-scale data

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centers, including, but not limited to, state, regional, or

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local economic development and tax revenue impacts; use of land,

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water, and other natural resources; energy use and related cost

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and rate impacts; and public health and safety related impacts.

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OPPAGA may contract with one or more nonpartisan academic or

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nonprofit research organizations with policy and scientific

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expertise in relevant fields of study. The study must identify

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any issues unique to the construction and operation of large

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scale data centers in this state. The study must also include

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recommendations on facility siting and mitigation measures that

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should be considered to reduce any potential negative impacts.

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OPPAGA shall submit the study to the Governor, the President of

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the Senate, and the Speaker of the House of Representatives by

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July 1, 2027.

335 Section 8. Except as otherwise expressly provided in this
336 act and except for this section, which shall take effect upon
337 becoming a law, this act shall take effect July 1, 2026.