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The Data Center Divide

Flagler County

This restriction takes precedence while in effect. The rating below excludes temporary restrictions.

Mixed Data Center Policies

Flagler County’s enacted measure pauses new data-center development in unincorporated areas for one year, while allowing certain existing or non-expanding work to continue; it does not apply within city limits.

Rating from Florida statewide as there are no scored current or future laws outside temporary restrictions for Flagler County.

Specific to Flagler County only.

current law · Unincorporated areas
Prohibits new data center development applications in unincorporated Flagler County for one year while the county develops regulations.Flagler County Ordinance 2026-__ (2026)

What this means

The measure would pause new data center development in unincorporated Flagler County for one year, making it a substantial temporary barrier to building and expansion (one-year moratorium). It allows certain existing or non-expanding work to continue, but the year-long delay is still a major restriction; it does not apply within city limits (unincorporated Flagler County).

Timing

Ends
one year after the effective date

The moratorium begins when the ordinance takes effect upon filing with the Secretary of State and lasts one year, unless earlier terminated. The Board may extend it by ordinance after a public hearing if additional time is needed to complete the regulatory review and amendments.

People behind it

  • Proposed, introduced, and adopted the ordinance establishing the data-center moratorium.

  • Proposed the amendment broadening the moratorium to cover all data centers, not only large-scale facilities.

  • Seconded the motion to approve the amended ordinance.

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  • Directed county staff to administer the review and prepare Comprehensive Plan and Land Development Code amendments under the ordinance.

  • Responsible for implementing the moratorium and reviewing and preparing proposed regulatory amendments.

Restrictions & requirementsHide restrictions & requirements11
  • A one-year moratorium bars the acceptance, processing, review, approval, or issuance of applications and development approvals for data centers in unincorporated Flagler County.

  • The moratorium covers rezoning, special exceptions, conditional uses, variances, site plans, development orders and permits, building permits, construction-plan approvals, concurrency certificates, capacity reservations, comprehensive-plan amendments, and other county approvals needed to establish, construct, expand, or intensify a data center.

  • The moratorium applies to new applications submitted after the ordinance becomes effective and to pending applications that were not deemed complete before that date.

  • Applications deemed complete before the effective date may continue under the prior regulations, unless the Board, after notice and a hearing, finds that continued processing creates a substantial risk to public health, safety, or welfare.

  • The Board may extend the moratorium by ordinance after a public hearing if additional time is needed for study, drafting, public review, adoption, implementation, or legal review of data-center regulations.

  • Existing facilities may perform ordinary repairs, maintenance, or equipment replacement only if the work does not increase electric load, water demand, cooling capacity, floor area, generator capacity, battery storage capacity, or fuel-storage capacity in a way that establishes, expands, or intensifies a data center.

  • Interior alterations to an existing lawful facility are exempt only when they do not establish, expand, or intensify a data center.

  • Development authorized by a final, unexpired development order and building permit issued before the effective date may proceed only if it remains consistent with those approvals and does not require a material modification.

  • A person seeking to overcome the moratorium based on vested rights or hardship must file a written petition identifying the property, proposed development, approvals, good-faith expenditures, and requested relief.

  • Vested-rights or hardship relief may be granted only upon competent substantial evidence that the moratorium would unlawfully impair vested rights or constitute an unconstitutional taking, and any relief must be limited to the minimum necessary.

  • The ordinance takes effect upon filing with the Florida Secretary of State, starting the moratorium period.

Benefits & exceptionsHide benefits & exceptions6
  • Applications deemed complete before the ordinance takes effect may continue under the regulations in effect when completeness was determined, unless the Board later finds that continued processing creates a substantial public-health, safety, or welfare risk. Applications deemed complete ... may continue to be processed.

  • Projects with a final, unexpired development order and building permit issued before the effective date may proceed if they remain consistent with those approvals and do not require a material modification. Development authorized by a final, unexpired development order and building permit.

  • Existing lawful data-center facilities may perform ordinary repairs, maintenance, replacements, and interior alterations during the moratorium, provided the work does not increase capacity or otherwise establish, expand, or intensify a covered facility. Ordinary repair, maintenance, or replacement of existing lawful equipment.

  • A person may petition for relief based on vested rights or an unconstitutional taking; the Board may grant the minimum relief necessary when supported by competent substantial evidence. Vested rights and hardship relief.

  • The moratorium applies only to the unincorporated area of Flagler County, so projects inside municipal boundaries are outside its scope. The moratorium applies only to unincorporated Flagler County.

  • The ordinance does not regulate electric-utility rates, tariffs, cost allocation, service agreements, interconnection requirements, or other matters under the Florida Public Service Commission or another state or federal agency. Nothing in this Ordinance shall be construed to regulate electric utility rates.

Sources

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