Florida Senate Bill 484: Revisions to Regulations of Large-Scale Data Centers and Other Large Electricity Users
Effective July 1, 2026, Florida Senate Bill 484 amends existing statutes and creates new regulatory requirements governing large-scale data centers and large electricity-demand facilities in Florida. Generally, it creates new statutory sections (sections 163.326 and 366.043), to create definitions of “large load” electricity customers, establishes certain cost-shifting mechanisms for consumer protections of electricity prices, creates regulations related to water allocation permits, and removes certain public records exemptions related to data centers. The specific changes are highlighted below in more detail.
Implications of These Changes
Local governments retain significant authority to control the planning and land development that affects where data centers and large load customers can develop. SB 484 focuses on protecting general utility users and the environment as data centers and large load customers seek to expand operations in Florida. By removing the 12-month public records exemption for data centers, the public will be more informed about the development of data centers in Florida. The introduction of large load tariffs could present a challenge for these large load customers and will likely influence how these entities structure their expenses and costs. Additionally, SB 484 imposes new requirements on water use permitting for large-scale data centers, which may make it more challenging to obtain the necessary allocations from water management districts. How strictly governing boards of water management districts and the Florida Department of Environmental Protection (DEP) will apply these requirements to large-scale data centers is uncertain.
As a result, data centers with anticipated water permit applications should monitor guidance from the DEP and the applicable water management district. Furthermore, SB 484 requires the Office of Program Policy Analysis and Government Accountability (OPPAGA) to conduct an “interdisciplinary study of policy considerations related to the construction and operation of large-scale data centers.” The study must include “recommendations on facility siting and mitigation measures that should be considered to reduce any potential negative impacts.” Therefore, unfavorable findings in the OPPAGA study could lead to additional regulatory constraints on data center operations in Florida going forward.
Specific Revisions Regarding Large Electricity Demand Facilities
SB 484 creates Florida Statutes section 163.326, which provides that “local governments shall maintain the authority to exercise the powers and responsibilities for comprehensive planning and land development regulation granted by law with respect to large load customers.”
Additionally, the bill creates Florida Statutes section 366.043, which defines a large load customer as “a customer with an anticipated monthly peak load of 50 megawatts or more, calculated as the highest average load over a 15-minute interval at a single location.”
Furthermore, section 366.043(3) states that the Florida Public Service Commission must establish minimum tariff and service requirements for large load customers. Importantly, “t]he minimum tariff and service requirements must reasonably ensure that each large load customer bears its own full cost of service and that such cost is not shifted to the general body of ratepayers.”
Specific Revisions Regarding Data Centers
Florida Statutes section 373.203 has been amended to include a definition for “data center” and “large-scale data center.” A data center is “a facility that primarily contains electronic equipment used to process, store, and transmit digital information.” A large-scale data center is “a single location, with a data center on site, that has an anticipated monthly peak load of 50 megawatts or more, calculated as the highest average load over a 15-minute interval.” Additionally, under new Florida Statutes section 373.262, governing boards of water management districts and the DEP cannot issue a water allocation permit to a large-scale data center applicant if the proposed use of the water is “harmful to the water resources of the area or is prohibited by the applicable local government zoning regulations and comprehensive plan.” Moreover, Florida Statutes section 288.075 provides a 12-month public records exemption for certain information held by economic development agencies when a business is considering locating, relocating, or expanding in Florida, with a possible 12-month extension upon written request. However, SB 484 eliminates this additional 12-month extension for information relating to data centers.
For questions regarding SB484 or its application to your specific project or jurisdiction, please contact Carlton Fields' government law and consulting team.
This article was co-authored by Carlton Fields summer associate Matthew Karbowski.
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