Sen. Bryan Avila applauds as people are recognized during opening day of session Tuesday, Jan. 13, 2026.
Sen. Bryan Avila applauds as people are recognized during opening day of session Tuesday, Jan. 13, 2026.
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Florida may remove public's right to know on data centers

Residents wouldn’t pay more for electricity or water because of data centers, under a bill passed by Florida lawmakers March 13.

But consumers won’t be privy to whether one is being constructed near them, based on the final approved version.

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Now it’s up to Gov. Ron DeSantis whether to sign it into law.

Lawmakers struck a part of the bill (SB 484) mandating public disclosure of whether a data center would come to a community. They also removed a prohibition for state agencies to enter into nondisclosure agreements (NDAs) with companies looking to develop and build data centers in Florida.

These provisions originally addressed concerns of the public not knowing whether the community would see the construction or expansion of a data center, facilities with so much equipment they often take up the equivalent of several football fields.

Industry interest has accelerated as artificial-intelligence and cloud demand surge, and developers are scouting sites across the state, including Polk, Citrus, Palm Beach and St. Lucie counties.

One of the most visible proposals is the massive “Project Tango” campus near West Palm Beach, a roughly 200-acre complex intended for AI computing that has drawn strong local opposition and prompted delays.

Contrary to President Donald Trump’s desire for the federal government to be the sole regulator of data centers, the measure still obtained bipartisan support. It’s been backed by DeSantis, who’s urged that Florida needs to add guardrails to the rapidly growing artificial intelligence industry and data center development.

The measure does still outline that data center companies must pay for their own utilities, so that residents aren’t burdened in their electricity and water bills. It also requires that the state’s Office of Program Policy Analysis and Government Accountability (OPPAGA) submit a study to the governor and legislative leadership about the construction and operation of data centers by July 1, 2027.

Florida senators approved the measure with a 31-6 vote on the last scheduled day of the legislative session, the final stop before it heads to the governor’s office. Bill sponsor Sen. Bryan Avila, R-Miami, said he is willing to discuss and tackle the NDAs provision next session, acknowledging the concern by Democrats over its removal.

“There are some potential constitutional questions as it relates to NDAs and our Sunshine laws,” Avila said.

Senate Democratic Leader Lori Berman said she originally supported the measure, but was dismayed by the removal of the NDAs provision and also the removal of one part that would have prevented data centers from being within five miles of homes and schools.

“I still would like to be able to protect our constituents and let them know when these large data centers are coming into their communities so that they can have the discussion,” Berman said.

The measure comes at a time when large-scale developers are looking to Florida for potential construction or expansion of data centers amid the growing demand to power artificial intelligence programs.

Although environmental groups have supported the regulation of data centers, many have raised concerns about the substantial amounts of electricity used by these facilities. A study from the International Energy Agency said that a hyperscale, AI-focused data center could consume as much electricity annually as 100,000 households.

This reporting content is supported by a partnership with Freedom Forum and Journalism Funding Partners. USA Today Network-Florida First Amendment reporter Stephany Matat is based in Tallahassee, Fla. She can be reached at SMatat@usatodayco.com. On X: @stephanymatat.

This article originally appeared on Tallahassee Democrat: Florida may remove public’s right to know on data centers

Reporting by Stephany Matat, USA TODAY NETWORK – Florida / Tallahassee Democrat

USA TODAY Network via Reuters Connect

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