Data centers in Florida

📜 State laws

SB 484 (2026): Florida's data center law, signed May 7, 2026 · May 7, 2026
Sponsored by Sen. Bryan Avila. The Senate passed it 37-0, the House changed it and passed it 92-16, and the Senate agreed 31-6 on March 13, 2026. Gov. DeSantis signed it on May 7, 2026 (Chapter 2026-65). Most parts started July 1, 2026; the part about local control started right away. What it does: (1) Cities and counties keep their power over planning and zoning for 'large load customers', and a data center can no longer be treated as an 'electric substation' to get around local rules. (2) Big power companies must charge customers of 50 megawatts or more their full cost, so it is not shifted to everyone else, and had to file new rates by October 1, 2026. (3) No power service to big users owned or controlled by a 'foreign country of concern' (such as China). (4) New water permit rules for data centers of 50 MW or more, with a required public hearing. (5) The secret period for data center plans held by economic development offices can no longer be extended past 12 months. (6) A state study of data centers is due July 1, 2027. The governor called it 'watered down' but 'a pretty strong first step'. Source

SB 484: local governments can still say no · May 7, 2026
New section 163.326 of state law says cities and counties keep their normal powers over the comprehensive plan and zoning for large power users like data centers. It also says a large load customer 'may not be considered an electric substation'. That matters because state law (s. 163.3208) makes it easier to put substations in many zones. The governor's office says the law lets communities 'reject data center development'. This part took effect when the governor signed it on May 7, 2026. Source

SB 180 (2025): hurricane law that limits new local rules until Oct. 1, 2027 · June 26, 2025
Passed after Hurricanes Debby, Helene and Milton and signed June 26, 2025. Counties named in those storms' federal disaster declarations, and the cities in them, may not adopt 'more restrictive or burdensome' changes to their growth plans or land rules, or more burdensome permit steps, from August 1, 2024 until October 1, 2027. Moratoriums on rebuilding storm-damaged property are also banned. A second part blocks moratoriums for one year after a hurricane in counties within 100 miles of its track. Many county attorneys say this makes a data center moratorium risky; others point to SB 484's local-control language. No court has ruled on a data center moratorium yet. Cities, counties and 1000 Friends of Florida have sued over SB 180 in Leon County. Source

SB 840 (2026): fix to the hurricane law failed · March 13, 2026
Would have ended SB 180's freeze on new local rules on June 30, 2026 instead of October 1, 2027, and narrowed the storm area from 100 to 50 miles. The Senate passed it 38-0 on February 19, 2026, but it died in a House subcommittee on March 13, 2026. So SB 180's limits still apply. Source

2026: Governor's 'AI Bill of Rights' failed in the House · April 28, 2026
Gov. DeSantis also pushed an 'Artificial Intelligence Bill of Rights' about chatbots and other AI. The Senate passed it, but the House refused to take it up in the regular session and again in an April 2026 special session. It did not cover where data centers can be built; that was SB 484. Source

State study of large data centers due July 1, 2027 · May 7, 2026
SB 484 orders the Legislature's research office (OPPAGA) to hire independent experts to study large data centers: jobs and tax money, land and water use, power use and power bills, and public health and safety. It must also suggest where data centers should and should not go and how to reduce harm. It is due to the Governor and legislative leaders by July 1, 2027. Source

💡 Who pays for the power

New rule: data centers of 50 MW or more must pay their own full power costs · May 7, 2026
SB 484 created section 366.043 of state law. A 'large load customer' uses 50 megawatts or more at one site (counted over a 15-minute peak), including several companies sharing one site. Power company rates must 'reasonably ensure' each one pays its full cost: hookup, new power lines, new power plants, upkeep and more. Everyone else may not carry the risk if a data center does not pay. Splitting one site into smaller hookups to dodge the rule is not allowed. The PSC may use long contracts, minimum bills, exit fees, deposits and up-front payments. Power to big users can still be cut in an emergency to protect the grid. Every investor-owned power company had to file a rate by October 1, 2026. Source

City-owned utilities and electric co-ops are not covered · May 7, 2026
The new rule applies to 'public utilities' as state law defines them. That definition leaves out rural electric cooperatives and city-owned (municipal) utilities. So FPL, Duke Energy Florida, Tampa Electric and Florida Public Utilities must follow it, but a data center served by a co-op or a city utility is not covered by this state rule. Ask your co-op or city utility what it charges large data centers. Source

Duke Energy Florida: data center rate plan; PSC vote set for Nov. 3, 2026 · Nov 3, 2026
Docket 20260064-EI. Duke's plan has a 20-year minimum contract, and big customers must pay up front for the cost of new lines. But Duke did not propose a special rate for data centers yet; it wants to wait for its next rate case after its rate deal ends in late 2027. The Office of Public Counsel (the state's lawyer for utility customers) said the plan does not follow the most basic parts of SB 484. Florida Rising also asked the PSC to reject it. The PSC suspended the tariff in June 2026 and held a hearing on August 25-26, 2026. Final briefs were filed September 15. PSC staff advice is due October 22, and the commission is scheduled to vote on November 3, 2026. Over 1,400 papers are in the docket, most of them comments from customers. Source

Tampa Electric: data center rates filed Sept. 30, 2026 · Sept 30, 2026
Docket 20260146-EI. Tampa Electric proposed two rates. LLCS-1 is for the first 1 gigawatt (1,000 MW) of big customers; it would be served by 600 MW of new batteries, 600 MW from rebuilding the Big Bend Unit 4 power plant, and new power lines. LLCS-2 is for later customers, with costs figured project by project. Contracts would last at least 20 years, with exit fees, three years' notice to leave, and deposits of up to $2 million per megawatt. Tampa Electric said it has no data center customers of this size today. A decision could take until late 2026 or early 2027. Source

FPL: says its data center rates already follow the law · Oct 1, 2026
Docket 20260149-EI, filed October 1, 2026. FPL's data center rates (LLCS-1 and LLCS-2) were part of its 2025 rate deal, which the PSC approved on November 20, 2025 (order dated January 29, 2026). They apply to new loads of 50 MW or more that run at least 85% of the time. Rules: a contract of at least 20 years, a minimum bill of at least 70% of the power reserved, an 'incremental generation charge' to pay for new power plants, and an exit fee if a customer leaves early. LLCS-1 is capped at 3 gigawatts. FPL only asked to add the new foreign-entity ban and asked the PSC to approve it without a hearing (proposed agency action). Anyone affected can ask for a hearing after the PSC's first decision. Source

Florida Public Utilities: data center rate filed Oct. 1, 2026 · Oct 1, 2026
Docket 20260148-EI. FPUC (based in Yulee) filed a 'Large Load Service' rate. It told the PSC it has no customers of 50 MW or more, expects none, and has had no inquiries. Source

FPL's 2026-2029 rate deal: bills up, case on appeal · Nov 20, 2025
On November 20, 2025 the PSC approved FPL's four-year rate deal. In 2026 a typical 1,000 kWh home bill went from $134.14 to $136.64 a month in most of FPL's area; in Northwest Florida (old Gulf Power) it fell from $143.60 to $141.36. Base rates rise $945 million in 2026 and $705 million in 2027, with more in 2028 and 2029. Opponents estimate about $6.9 billion over four years. The Office of Public Counsel and consumer groups opposed it. On May 22, 2026, Florida Rising, LULAC and ECOSWF appealed to the Florida Supreme Court. Source

FPL expects up to 8 gigawatts of big new users by 2032 · July 31, 2026
FPL's parent company NextEra raised its forecast of large new power users (mostly data centers) in FPL's area from 6 to 8 gigawatts by 2032. It says about 21 gigawatts of projects have asked, about 12 gigawatts are in advanced talks, and the first could get power in 2028. These are company numbers. Source

💵 Tax breaks

State sales tax break for data centers of 100 MW or more · June 30, 2025
Florida law (s. 212.08(5)(r)) lets qualifying data centers skip state and local sales tax on equipment, building materials and the electricity they buy. Since August 1, 2025 (law HB 7031, signed June 30, 2025), a data center must have at least $150 million invested and at least 100 megawatts of computer load; before, 15 MW was enough. The same law let new data centers apply until June 2037 instead of June 2027. Each certificate is reviewed every five years. A June 2026 Tampa Bay Times report found qualifying projects got 'millions' in tax relief. Source

Local property tax breaks: up to 20 years for data centers · 2025
If local voters first approve it in a referendum, a county or city can exempt up to 100% of the property tax it charges on a new business or expansion (s. 196.1995). For most businesses the limit is 10 years, but for a data center it can be up to 20 years. It only covers the county's or city's own taxes, not school taxes. Source

2026: no change to the data center tax breaks · March 13, 2026
We found no 2026 law that ended or changed the data center sales tax break. SB 484 did not touch taxes. Source

🤐 Secret deals and public records

Public records: anyone can ask, for any reason · 2026
Florida's Public Records Law (Chapter 119) and the state constitution (Art. I, s. 24) open government records to any person. You do not have to live in Florida, give your name, say why, or ask in writing; a phone call or email works. There is no fixed deadline, but the agency may only take a 'reasonable' time to find the records and black out secret parts. Looking at records is free. Copies cost up to 15 cents a page (20 cents two-sided); very large requests can have an extra labor charge. Source

Data center plans can stay secret for up to 12 months · May 7, 2026
Under s. 288.075, if a company asks in writing, a state, regional, county or city economic development office must keep its plans to move to or expand in Florida secret for 12 months (or until the information comes out). Other businesses can get a second 12 months. SB 484 removed that extra 12 months for data centers, so data center plans held by these offices can stay secret for 12 months at most. After a deal is signed, the secrecy can last 180 more days but never past those limits. Local officials can still sign secret deals (NDAs) with companies during this time. Source

An NDA ban was proposed but not passed · March 13, 2026
Earlier versions of the 2026 data center bill would have banned state and local agencies from signing secret deals (NDAs) about data centers. The final law only limits the secret period to 12 months. Florida news reports said the final law keeps 'early planning stages under wraps from the public'. Source

Sunshine Law: officials must meet in public · 2026
Florida's Sunshine Law (s. 286.011) says meetings of public boards and commissions where official acts are taken must be open to the public with reasonable notice. A vote taken in a closed meeting is not binding. A citizen can go to circuit court to enforce it, and the court must award attorney's fees if the board broke the law. Emails to officials about public business are public records. Source

💧 Water

Five water management districts approve big water use · 2026
Florida has five water management districts: Northwest Florida, Suwannee River, St. Johns River, Southwest Florida and South Florida. They issue water use permits (also called consumptive use permits) to pump groundwater or take surface water. The state Department of Environmental Protection (DEP) shares this power. Find your district by county. Source

New 2026 water rules for large data centers · July 1, 2026
Since July 1, 2026 (SB 484), a water district or DEP may not give water to a data center of 50 MW or more if the use would harm local water or if local zoning or the comprehensive plan forbids it. It must require reclaimed (treated waste) water when it is available at the property line and practical. Data centers asking for 100,000 gallons a day or more must list every water use (cooling, employees, landscaping) and submit a water-saving plan. A large data center's water permit cannot be approved without a hearing. Any change to a large data center's water permit is treated like a new application. Source

Some counties look at water rules instead of moratoriums · May 15, 2026
Because of SB 180, some officials, such as in Pinellas and Hillsborough counties, are looking at limits on using county drinking water for cooling, or water fees, instead of a pause on data centers. Source

🌫️ Air and generators

DEP approves backup generators and power plants · 2026
Diesel backup generators, gas turbines and other air pollution sources need a DEP air construction permit. The Division of Air Resource Management in Tallahassee handles big (major) sources and power plants; six DEP district offices and some local air programs (for example in big counties) handle smaller ones. You can search permits in DEP's Air Permit Documents Search and AirInfo, and sign up for DEP's Permit Application Subscription Service to get emails about new applications. Source

Big new power plants: Power Plant Siting Act · 2026
A new steam or solar power plant of 75 MW or more needs state certification under the Power Plant Siting Act. The PSC first decides if the plant is needed. Then the Governor and Cabinet (the Siting Board), or DEP if no one disputes it, approve one license that replaces most state and local permits, including power lines and gas pipelines tied to it. The local government still says whether the site fits its land plan and zoning. Notice of the hearing must be published at least 45 days ahead, and affected people can comment or ask to become a party. Source

🙋 How to have your say

Who decides: city councils and county commissions · May 7, 2026
Florida has no townships. Inside a city or town, the city or town council decides zoning. On unincorporated land, the Board of County Commissioners decides. SB 484 says both keep that power for data centers, and a data center cannot be treated as a utility substation to skip zoning. But SB 180 (2025) blocks many counties and cities from passing new, stricter rules or moratoriums until October 1, 2027, so ask your county attorney what your local government can legally do. Source

Rezoning hearings are like a mini-trial: bring facts · Sept 9, 2021
Most Florida rezonings of one property are 'quasi-judicial' hearings. Only the evidence given at the hearing counts later in court. Facts, expert studies and first-hand statements count; general fears or opinions often do not. Give written evidence to the clerk before or at the hearing, raise any objections out loud, and ask for a court reporter if the government does not make a transcript. Source

Appeal deadline: 30 days · 2025
To challenge a rezoning or other development decision in court, you usually must file a petition (certiorari) in circuit court within 30 days after the written decision is filed with the clerk. This deadline cannot be extended. A neighbor whose interests are hurt more than the general public's can also sue within 30 days if a project breaks the comprehensive plan (s. 163.3215). Talk to a lawyer quickly. Source

How to ask for records · 2026
Anyone may ask any city, county, water district or state agency for records. Email or call the records office; you don't need to give a reason or your name. Ask for data center applications, staff reports, emails with the developer, and any confidentiality (NDA) request under s. 288.075. Data center secrecy under that law lasts 12 months at most. Source

How to comment at the Public Service Commission · 2026
Find the docket number (for data center rates: 20260064 Duke, 20260146 Tampa Electric, 20260149 FPL, 20260148 FPUC). Email your comment with the docket number to the Commission Clerk at clerk@psc.state.fl.us, or mail it. It goes in the docket file as public correspondence. You can speak at customer service hearings when the PSC holds them. Questions: PSC Office of Consumer Assistance, 800-342-3552. The Office of Public Counsel represents customers, 800-342-0222. Source

Speak up on water permits · July 1, 2026
Since July 2026, a large data center's water permit must get a hearing before approval. Watch your water management district's governing board agendas and permit notices, and send comments to the district. Deadlines to ask for a formal hearing are short, so act as soon as a notice appears. Source

🧾 Help with your bills

LIHEAP: help paying power bills · 2026
The Low-Income Home Energy Assistance Program is run by FloridaCommerce through local community action agencies. You may qualify if your household income is at or below 60% of the state median income or 150% of the federal poverty level, or if someone gets SNAP, TANF or SSI. You must pay your own heating or cooling bill and live in Florida. If your power is cut off or you got a shut-off notice, a crisis payment of up to $1,000 may help. Apply online at floridaliheap.com or through your local agency. Only upload papers through the official site. Source

Call 2-1-1 for local help · 2026
Dial 2-1-1 to find local agencies that help with utility bills. Florida LIHEAP points people to 2-1-1 for other help. Source

Trouble with your power company? Call the PSC · 2026
If you can't settle a billing or shut-off problem with an FPL, Duke, Tampa Electric or FPUC account, the PSC Office of Consumer Assistance takes complaints at 800-342-3552. Source

📞 Who to contact

Florida Public Service Commission (PSC) · 2026
Sets rates for the investor-owned power companies (FPL, Duke Energy Florida, Tampa Electric, FPUC), including the new data center rates. Also decides if new power plants are needed. floridapsc.com; consumer line 800-342-3552. Source

Office of Public Counsel · 2026
The state's lawyer for utility customers at the PSC. It opposed Duke's data center rate plan and FPL's rate deal. floridaopc.gov; 800-342-0222. Source

Florida Department of Environmental Protection (DEP) · 2026
Air permits for generators and power plants, Power Plant Siting Act, and shared authority over water permits. floridadep.gov. Source

Water management districts · 2026
Northwest Florida (nwfwater.com), Suwannee River (mysuwanneeriver.com), St. Johns River (sjrwmd.com), Southwest Florida (swfwmd.state.fl.us), South Florida (sfwmd.gov). They issue water use permits, including for data centers. Source

FloridaCommerce · 2026
State economic development agency; runs LIHEAP. Its secretary publicly criticized the Fort Meade data center's water plan in 2026. floridajobs.org. Source

Florida Legislature · 2026
Bills and state laws: flsenate.gov and myfloridahouse.gov. Source

OPPAGA (Legislature's research office) · 2026
Must deliver an independent study on large data centers by July 1, 2027. oppaga.fl.gov. Source

Your Board of County Commissioners or city council · 2026
They decide zoning and land use for data centers. For unincorporated land, it is the Board of County Commissioners. Source