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Regbase

The Data Center Divide

Hernando County

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

Mixed Data Center Policies

Hernando County has enacted a measure pausing most new data-center approvals and permits for up to 365 days, with hardship and previously approved project exceptions. Existing lawful centers may continue operating.

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

Specific to Hernando County only.

current law · Unincorporated area
Temporarily prohibits development approvals and permits for data centers in unincorporated Hernando County for up to 365 days, with limited exemptions.Hernando County Ordinance 2026-15 (2026)

What this means

The measure would pause most new data center approvals and permits for up to 365 days, making new construction and expansion substantially harder in the short term. It allows exceptions for hardship and certain projects with prior approvals, and does not stop operation of existing lawful data centers, so it is not an outright ban.

Timing

Ends
365 days following the effective date, or earlier when the Board of County Commissioners adopts the legislation called for in Subpart I

The moratorium may be extended one time for up to 120 additional days if the required public hearings are conducted and the Board finds that the underlying issues continue to exist and reasonable progress is being made toward corrective legislation.

People behind it

  • Proposed, considered, and adopted the temporary moratorium ordinance.

  • Requested authorization for the 365-day temporary moratorium.

  • Directed to draft comprehensive data-center regulations during the moratorium.

Restrictions & requirementsHide restrictions & requirements1
  • [ { "provision": "365-day moratorium": In unincorporated Hernando County, the ordinance prohibits issuing development orders or permits for data centers for up to 365 days, or until the Board adopts the planned legislation, whichever occurs first. The moratorium may be extended once for up to an additional 120 days after required public hearings and findings. }, { "provision": "Broad development restrictions": During the moratorium, the County cannot approve or issue comprehensive-plan amendments, future-land-use-map amendments, rezonings, plats or replats, conditional-use approvals, variances, building permits, or other development orders or permits that would initiate, construct, expand, or modify a data center. }, { "provision": "Preliminary-plan processing freeze": The County will not accept or process applications for preliminary development plans for data centers or issue preliminary-plan approvals that would permit development of parcels as data centers during the temporary moratorium. }, { "provision": "Existing applications are preserved": Applications or petitions received before the ordinance's effective date continue under the County's normal procedures and are not subject to the moratorium. }, { "provision": "Final-plan and vested-rights exceptions": Building or construction permits may still be issued for a data-center development that received final development-plan approval before or during the moratorium. Applicants claiming common-law or statutory vested rights may also seek exemption through the specified appeal process. }, { "provision": "Extraordinary-hardship exception process": An exception may be granted only through a quasi-judicial hearing based on substantial competent evidence of extraordinary hardship. The request requires a $500 fee, public notice, and consideration of specified factors such as prior approvals, substantial expenditures, contractual commitments, lending obligations, and potential substantial liability. }, { "provision": "Enforcement penalties": Violations may result in revocation or temporary suspension of development permits, development orders, certificates of occupancy, or licenses; County code enforcement; or court actions seeking injunctive relief, civil penalties, or both. } ]

Benefits & exceptionsHide benefits & exceptions6
  • Applications submitted before the ordinance’s effective date continue to be processed under the County’s normal procedures, rather than being subject to the moratorium. any petitions or applications received prior to the effective date

  • Building and construction permits may still be issued for a data center development that received final development plan approval before or during the moratorium. does not have the effect of prohibiting the issuance of building or construction permits

  • Data centers lawfully constructed before the ordinance’s effective date under valid permits and approvals are not affected by the moratorium, provided they comply with applicable County, state, and federal requirements. shall not affect any development lawfully constructed

  • Applicants may seek an exemption based on common-law or statutory vested rights through the County’s existing appeal process, protecting rights that cannot be affected by later comprehensive-plan revisions or rezoning. common law vested rights or statutory vested rights

  • The governing body may grant an exception when delaying a covered application would impose an extraordinary hardship on the landowner or developer. The applicant must pay a $500 processing and advertising fee and prove qualifying circumstances, such as prior permits, substantial project expenditures, contractual construction commitments, financing obligations, or substantial monetary liability. may grant an exception

  • The moratorium applies only in the unincorporated area of Hernando County, so the ordinance does not impose this moratorium on data-center development in incorporated municipalities. in the unincorporated area of Hernando County

Sources

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