ST. JOHNS COUNTY BOARD OF COUNTY COMMISSIONERS
Deadline for Submission - Wednesday 9 a.m. – Thirteen Days Prior to BCC Meeting
10/6/2026
BCC MEETING DATE
TO: Joy Andrews, County Administrator DATE: September 15, 2026
FROM: Kealey West, Deputy County Attorney PHONE: 904 209-0861
Data Center Moratorium
SUBJECT OR TITLE: AGENDA TYPE: Business Item, Ordinance
BACKGROUND INFORMATION:
On September 1, 2026, the Board of County Commissioners directed the Office of County Attorney
to provide an Ordinance enacting a temporary planning moratorium regarding data centers for its
consideration.
1. IS FUNDING REQUIRED? No 2. IF YES, INDICATE IF BUDGETED. No
IF FUNDING IS REQUIRED, MANDATORY OMB REVIEW IS REQUIRED:
INDICATE FUNDING SOURCE:
SUGGESTED MOTION/RECOMMENDATION/ACTION:
This is a first presentation as required by BOCC Rule 3.103. A public hearing to consider
enactment of the ordinance will be held on October 20, 2026.
For Administration Use Only:
Legal: Rich Komando 9/21/2026 OMB: LF 9/21/2026 Admin: JDD 9/28/2026ORDINANCE NO. 2026-
____
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. JOHNS COUNTY, FLORIDA, ESTABLISHING A TEMPORARY
PLANNING MORATORIUM ON MEDIUM-SCALE AND LARGE-SCALE
DATA CENTER DEVELOPMENT APPLICATIONS; PROVIDING
LEGISLATIVE FINDINGS; PROVIDING PURPOSE AND INTENT;
PROVIDING DEFINITIONS; PROVIDING FOR APPLICABILITY;
PROVIDING EXEMPTIONS; PROVIDING FOR A STAFF STUDY;
PROVIDING FOR DURATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE
DATE.
RECITALS
WHEREAS, Article VIII, Section 1(f), Florida Constitution and section 125.01, Florida
Statutes, grant counties broad home rule authority to regulate land development and protect the
public health, safety, and welfare; and
WHEREAS, during the 2026 Legislative Session, the Florida Legislature enacted Chapter
2026-65, Laws of Florida (SB 484) relating to large-scale data center development and creating
section 163.326, Florida Statutes; and
WHEREAS, section 163.326 expressly recognizes that facilities having substantial
electrical or utility demands, present unique planning, infrastructure capacity, land use
compatibility, environmental, and public facility considerations that are intended to be addressed
through local comprehensive planning and land development regulations. The Legislature further
provided that local governments shall maintain the authority and responsibility to exercise
comprehensive planning and land development regulation with respect to medium-scale and large-
scale data center development; and
WHEREAS, Chapter 2026-65 also establishes new statutory requirements concerning
large-scale data centers, including statutory definitions, consumptive use permitting requirements,
reclaimed water requirements, and water conservation planning, reflecting the Legislature’s
recognition that such facilities present planning issues not addressed by traditional industrial
development; and
WHEREAS, the Board finds that the St. Johns County Comprehensive Plan and Land
Development Code presently contain no policies or objective development standards specifically
addressing the siting, compatibility, infrastructure requirements, utility demands, water use,cooling technologies, electrical infrastructure, operational characteristics, or other impacts
associated with medium-scale and large-scale data center development; and
WHEREAS, the Board further finds that temporary preservation of the existing regulatory
framework is necessary while the County evaluates implementation of Chapter 2026-65 and
determines whether amendments to the Comprehensive Plan or Land Development Code are
appropriate; and
WHEREAS, Chapter 2026-65 further directs the Office of Program Policy Analysis and
Government Accountability (“OPPAGA”) to conduct an independent interdisciplinary study
addressing policy considerations relating to large-scale data centers, including land use, water
resources, energy demand, public health and safety, facility siting, and mitigation measures. The
Legislature has directed that the study be submitted no later than July 1, 2027; and
WHEREAS, local governments may enact moratoriums if the moratorium is intended to
preserve the status quo and is rationally related to the government’s attempt to enact changes to
development regulations. (WCI Communities Inc. v. City of Coral Springs, 885 So.2d 912 (Fla.
4th DCA 2004)); and
WHEREAS, local governments are entitled to enact moratoriums as a land-use tool
to promote effective planning and preserve the status quo during this change (Tahoe-Sierra
Pres. Council, Inc. v. Tahoe Reg’l Planning Agency, 535 U.S. 302, 337, 122 S.Ct. 1465,
L.Ed.2d 517 (2002) (holding temporary moratoria are used widely among land use planners
to preserve the status quo while formulating a more permanent development strategy); and
WHEREAS, the Board finds that the proposed temporary planning moratorium will allow
the County to assess and evaluate Chapter 2026-65 through a comprehensive planning process
while developing objective planning policies and development standards based upon technical
information, coordination with affected agencies, public participation, and legislative guidance.
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
St. Johns County, Florida as follows:
SECTION 1. Findings of Fact. The foregoing recitals are hereby adopted as
legislative findings of the Board of County Commissioners and are ratified and confirmed as being
true and correct and are hereby made a specific part of this Ordinance upon adoption thereof.
SECTION 2. Purpose. The purpose of this Ordinance is to temporarily preserve the
existing regulatory framework while the County evaluates existing Comprehensive Plan policies,
Land Development Code provisions, water supply and reclaimed water availability, electricaltransmission capacity, and compatibility with surrounding land uses; studies infrastructure
capacity; coordinates with electric utility providers and the St. Johns River Water Management
District; conducts stakeholder outreach; considers the findings of the OPPAGA study; and
develops objective Comprehensive Plan and Land Development Code recommendations.
SECTION 3. Legislative Intent. This Ordinance is intended solely to preserve the
existing regulatory framework while the County undertakes the planning responsibilities
recognized by section 163.326, Florida Statutes. Nothing in this Ordinance shall be construed as
adopting permanent development regulations or amending the Comprehensive Plan or Land
Development Code.
SECTION 4. Definitions. Adopt the definitions contained in section 373.203, Florida
Statutes, together with the following:
Large-Scale Data Center Project means a proposal involving one or more data centers located
on contiguous or related property under common ownership or control that:
(a) constitutes a Large-Scale Data Center under section 373.203, Florida Statutes;
(b) is intended to be developed in phases that collectively constitute a Large-Scale Data
Center; or
(c) is designed as a campus-style data center development.
Medium-Scale Data Center Project means a proposal involving one or more data centers located
on contiguous or related property under common ownership or control that:
(a) may be used for onsite or regional enterprise facilities, or co-location or data c
centers;
49MW.
(b) will range generally from 2,000 to 5,000 servers with a power capacity of 5MW –
SECTION 5. Temporary Planning Moratorium. Effective October 1, 2026, the
County shall not accept, deem complete, process, review, schedule for public hearing, approve, or
issue any discretionary development approval for a Medium-Scale or Large-Scale Data Center
Project.
The moratorium applies to applications including Comprehensive Plan Amendments, Rezonings,
Planned Unit Developments, Special Use Permits, Major Modifications, Site Plans, Development
Permits, Development Orders, Building Permits requiring prior discretionary development
approval, and any substantially similar discretionary approval.SECTION 6. Exemptions. This Ordinance shall not apply to complete applications
determined sufficient before November 1, 2026, existing lawful data center, routine maintenance,
repair or replacement of existing facilities, interior renovations, emergency work, utility
maintenance, or facilities that do not constitute a Medium-Scale or Large-Scale Data Center
Project.
SECTION 7. Staff Study. During the moratorium staff shall evaluate future land use,
zoning districts, compatibility standards, campus size, transmission infrastructure, backup
generation, fuel storage, cooling technologies, potable water demand, reclaimed water,
wastewater, stormwater, environmental impacts, noise, lighting, setbacks, buffering, landscaping,
emergency management, concurrency, transportation impacts, phased development,
decommissioning, best practices adopted by other Florida jurisdictions, recommendations
contained in the OPPAGA study, if available.
SECTION 8. Chapter 2025-190, Laws of Florida. The Board recognizes that St. Johns
County is an impacted local government as defined in section 252.422, Florida Statutes.
The Board further finds that this Ordinance is adopted for planning purposes in response to Chapter
2026-65, Laws of Florida, which expressly recognizes local government responsibility for
regulating large-load customers through comprehensive planning and land development
regulations.
The Board further finds that this Ordinance does not amend the Comprehensive Plan or the Land
Development Code, does not establish permanent development standards, and is intended to
temporarily preserve the existing regulatory framework while the County evaluates whether future
amendments are appropriate.
Nothing in this Ordinance shall be construed as determining the applicability of section 252.422,
Florida Statutes, to any future Comprehensive Plan amendment or Land Development Code
amendment, each of which shall be independently evaluated for consistency with applicable law
before Board consideration.
SECTION 9. Duration. This Ordinance shall expire upon the earliest of October 31,
2027, adoption of permanent regulations governing Medium-Scale and Large-Scale Data Centers,
or repeal by subsequent ordinance.
SECTION 10. Severability. It is the intent of the Board of County Commissioners of St.
Johns County, Florida, and is hereby provided, that if any section, subsection, sentence, clause,
phrase, or provision of this Ordinance is held to be invalid or unconstitutional by any court ofcompetent jurisdiction, such invalidity or unconstitutionality shall not be so construed as to render
invalid or unconstitutional the remaining provisions of this Ordinance.
SECTION 11. Conflicts. All ordinances or parts of ordinances in conflict are repealed
to the extent of the conflict.
SECTION 12. Effective Date. This Ordinance shall become effective November 1, 2026,
as provided by law.
DULY APPROVED and ENACTED on this 20th day of October 2026, by the Board of
County Commission of St. Johns County, Florida, in regular session.
BOARD OF COUNTY COMMISSIONERS
ST. JOHNS COUNTY, FLORIDA
_____________________________
Clay Murphy, Chair
ATTEST: Brandon J. Patty,
Clerk of the Circuit Court and Comptroller
By: _____________________________________
Deputy Clerk
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