Florida lawmakers criticized for contradictory land use bills affecting data centers
News Clipkeysnews.com·FL·5/1/2026
The Florida Legislature has created a contradiction by passing a bill (SB 484) that affirms local authority over data center planning, while simultaneously leaving another bill (SB 180) in place that suspends local planning statewide. This double standard means local governments can plan for data centers but are restricted from strengthening other comprehensive plans, especially concerning storm impacts. Critics argue this undermines consistent community planning efforts across the state.
zoninggovernmentelectricitywatermoratorium
Gov: Florida Legislature, DeSantis administration's Department of Commerce, Fort Meade's mayor, Sen. Bryan Avila, Palm Beach County, St. Lucie County, Martin County, Manatee County, Sen. Nick DiCeglie
The Florida Legislature is being criticized for a contradictory approach to local community planning, particularly regarding data center developments. During the 2026 regular session, lawmakers passed Senate Bill 484, sponsored by Sen. Bryan Avila (R-Miami-Dade), which received broad bipartisan support. This bill explicitly affirms local governments' authority to exercise comprehensive planning and land development regulation for "large load customers" like hyperscale data centers, including requiring large data center water allocations to be consistent with local zoning and comprehensive plans.
However, the Legislature simultaneously left untouched Senate Bill 180, enacted in 2025, which remains in force through October 2027. SB 180, passed under the guise of hurricane recovery, suspends local comprehensive planning statewide for three years for all counties impacted by hurricanes Debby, Helene, and Milton (which included every county in Florida). It prohibits local governments from adopting "more restrictive or burdensome" comprehensive plan amendments or land development regulations. This has led to the DeSantis administration's Department of Commerce declaring local plan amendments null and void in some areas and has caused local governments to face legal peril.
This legislative paradox is already evident: while Fort Meade's approved hyperscale data center was deemed "fundamentally flawed" by the Department of Commerce, citing the need for public input (a value undermined by SB 180), counties like St. Lucie, Palm Beach, and Martin can now use their comprehensive plans for data center proposals under SB 484. Yet, other counties like Manatee are barred from strengthening their plans against storm impacts. An attempt to fix SB 180, Senate Bill 840, passed the Senate unanimously but was not heard in the House, leaving the statewide planning suspension in place. Critics argue that consistency is crucial for Florida's land-use decisions, especially concerning large-scale developments like data centers.