CS/CS/SB 484 full text · Session Watch

ENROLLED

2026 Legislature CS for CS for SB 484, 2nd Engrossed 2026484er

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.

66 Be It Enacted by the Legislature of the State of Florida:

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.—

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

72 facilities with substantial electric or other utility demands,

73 such as data centers and other large load customers as defined

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

75 and compatibility considerations. The Legislature intends that

76 such considerations shall be addressed through local

77 comprehensive planning and land development regulations adopted

78 pursuant to this chapter, including provisions related to

79 infrastructure capacity, land use compatibility, environmental

80 impacts, and the efficient provision of public facilities and

81 services.

82 (2) Local governments shall maintain the authority to

83 exercise the powers and responsibilities for comprehensive

84 planning and land development regulation granted by law with

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

86 be considered an electric substation for the purposes of s.

87 163.3208.

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:

95 (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

119 not apply to information described in subparagraph 1. relating

120 to data centers.

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:

132 366.043 Large load tariffs for public electric utilities.—

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

134 reliable electric services, provided at fair, just, and

135 reasonable rates, is essential to the welfare of the ratepayers

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

137 of electric service customer requires uniquely large electrical

138 loads at a single location, it imposes a disproportionate risk

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

140 the commission to develop and enforce rate structures and other

141 policies for such customers which ensure such risk is mitigated

142 as much as possible and prevent shifting the costs of serving

143 large load customers to the general body of ratepayers.

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

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

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

147 whether through ownership of securities, by contract, or

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

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

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

151 profits is presumed to control the entity.

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

153 s. 692.201.

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

155 1. Owned or controlled by the government of a foreign

156 country of concern; or

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

158 organization, or other combination of persons organized under

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

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

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

162 anticipated monthly peak load of 50 megawatts or more,

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

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

165 aggregated across multiple locations owned by the same customer.

166 However, the term includes all customers or other entities that

167 have entered into a colocation or similar agreement at a single

168 location that otherwise meets the anticipated monthly peak load

169 provided in this paragraph.

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

171 except that the term does not include a gas utility.

172 (3) The following minimum tariff and service requirements

173 for large load customers are required in public utility tariffs:

174 (a) The minimum tariff and service requirements must

175 reasonably ensure that each large load customer bears its own

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

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

178 is not limited to, connection, incremental transmission,

179 incremental generation, and other infrastructure costs;

180 operations and maintenance expenses; and any other costs

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

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

183 ratepayers.

184 (b) The minimum tariff and service requirements must

185 include provisions reasonably designed to prevent a public

186 utility from providing electric service to a customer that would

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

188 foreign entity.

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

190 single location into multiple smaller connections to avoid being

191 classified as a large load customer.

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

193 commission may approve public utility tariffs that include

194 utility industry-accepted ratemaking and other financial tools,

195 including, but not limited to, the following:

196 (a) Contributions in aid of construction or other required

197 customer infrastructure investments that may be returned, in

198 whole or in part, to such customers over time.

199 (b) Demand charges, including minimum demand charges.

200 (c) Incremental generation charges.

201 (d) Financial guarantees.

202 (e) Minimum load factors.

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

204 payment for contracted capacity, regardless of a large load

205 customer’s actual electricity use or demand.

206 (g) Minimum period of service contract requirements,

207 including early termination fees or other fees for violation of

208 such contracts.

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

210 or other public utility policy relating to large load customers

211 may not prevent or otherwise hinder the curtailment or

212 interruption of electric service to a large load customer where

213 such curtailment or interruption is intended to ensure grid

214 stability, reduce the likelihood or breadth of wider service

215 outages, or ensure public safety during an emergency or other

216 exceptional circumstance.

217 (7) A public utility may not knowingly provide electric

218 service to a customer that would otherwise qualify as a large

219 load customer if that customer is a foreign entity.

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

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

222 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.—

228 (3) “Data center” means a facility that primarily contains

229 electronic equipment used to process, store, and transmit

230 digital information, which may be:

231 (a) A free-standing structure; or

232 (b) A facility within a larger structure which uses

233 environmental control equipment to maintain the proper

234 conditions for the operation of electronic equipment.

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

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

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

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

239 aggregated across multiple locations owned by the same customer.

240 However, the term includes all customers or other entities that

241 have entered into a colocation or similar agreement at a single

242 location that otherwise meets the anticipated monthly peak load

243 provided in this subsection.

244 Section 5. Section 373.262, Florida Statutes, is created to

245 read:

246 373.262 Large-scale data center permitting.—

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

248 development and operation of large-scale data centers in this

249 state be managed under a permitting framework that ensures this

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

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

252 and consistent with local government zoning regulations and

253 comprehensive plans.

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

255 governing board of a water management district or the department

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

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

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

259 the applicable local government zoning regulations and

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

261 data center applicant for an allocation of water if the

262 applicant establishes that the proposed use of water:

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

264 373.019;

265 (b) Will not interfere with any presently existing legal

266 use of water; and

267 (c) Is consistent with the public interest.

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

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

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

271 applicant when:

272 (a) A suitable reclaimed water supply source is available

273 and permitted;

274 (b) Reclaimed water distribution or supply lines are

275 available at the property boundary in sufficient capacity and

276 quality to serve the applicant’s needs;

277 (c) The applicant is capable of accessing the reclaimed

278 water source through distribution or supply lines;

279 (d) Use of reclaimed water is environmentally,

280 economically, and technically feasible; and

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

282 requirements contained in the applicant’s surface water

283 discharge permit, if applicable.

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

285 permit applications made under this part requesting an

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

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

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

289 used for cooling, industrial and treatment processes, personal

290 or sanitary needs of employees, and landscape irrigation; and

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

292 incorporates recycling cooling water before discharge or

293 disposal, implementation of a leak detection and repair program,

294 use of water efficient fixtures, and implementation of an

295 employee awareness and education program concerning water

296 conservation.

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

298 the department may not approve a permit application made under

299 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

305 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

318 Government Accountability (OPPAGA) shall contract for an

319 independent, interdisciplinary study of policy considerations

320 related to the construction and operation of large-scale data

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

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

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

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

325 OPPAGA may contract with one or more nonpartisan academic or

326 nonprofit research organizations with policy and scientific

327 expertise in relevant fields of study. The study must identify

328 any issues unique to the construction and operation of large

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

330 recommendations on facility siting and mitigation measures that

331 should be considered to reduce any potential negative impacts.

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

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

334 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.