Marion County
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Mixed Data Center Policies
Marion County has enacted a temporary pause of up to 12 months on applications for covered data centers in unincorporated areas, with exemptions for some smaller and self-serving facilities.
Rating from Florida statewide as there are no scored current or future laws outside temporary restrictions for Marion County.
Specific to Marion County only.
current law · Unincorporated areasTemporarily bars Marion County from processing or approving permits for most data center projects in unincorporated areas for up to 12 months, with specified exemptions.Marion County Ordinance No. 26-0232 — Temporary Data Center Moratorium
What this means
The measure would pause applications to build, expand, or operate covered data centers in unincorporated Marion County for up to 12 months while the county develops new rules. Some smaller facilities and facilities serving an organization’s own needs are exempt, but the pause would still substantially delay larger commercial projects.
Timing
- Ends
- twelve (12) months from and including the effective date, or upon the effective date of an ordinance amending the Comprehensive Plan, Land Development Regulations, or Code of Ordinances relating to Data Center Facilities, whichever occurs first
The ordinance became effective upon the Secretary of State's acknowledgment of filing on 2026-09-25, so the twelve-month period would run from that date unless superseding amendments take effect earlier. No extension condition is stated in the ordinance.
People behind it
- Board of County Commissioners of Marion County, Florida
Directed preparation of the moratorium ordinance and adopted the measure.
- Matthew G. Minter
Marion County Attorney who was directed to prepare the ordinance and approved it as to form.
- Carl Zalak, III
Chairman of the Board of County Commissioners who signed the adopted ordinance.
Show 1 more peopleShow fewer people
- Gregory C. Harrell
Clerk who attested the ordinance and filed it with the Florida Secretary of State.
Restrictions & requirementsHide restrictions & requirements7
A temporary moratorium bars the acceptance, review, processing, or approval of rezoning applications, conditional-use permits, development permits, site plans, building permits, and other development approvals for the construction, expansion, or operation of covered data centers in unincorporated Marion County. The temporary moratorium lasts up to 12 months, or until related new regulations take effect, whichever comes first.
The moratorium applies only to facilities meeting the ordinance’s data-center definition, including facilities used for large-scale data storage, processing, or distribution and associated infrastructure such as generators, cooling systems, water facilities, and substations. Facilities with an anticipated monthly peak load below 50 megawatts are exempt.
Internal-use data centers, server rooms, and information-technology facilities operated by businesses, government agencies, educational institutions, health-care providers, or nonprofits are exempt when primarily supporting the owner’s or operator’s internal operations.
Facilities primarily serving a single organization’s internal enterprise IT, cloud, disaster-recovery, backup, or routine business-computing needs are exempt when they are not primarily serving unaffiliated third parties.
Incidental or ancillary artificial-intelligence applications are exempt when they support the owner’s or operator’s operations and are not offered as commercial AI-computing services to third parties.
Communications and telecommunications facilities with an anticipated monthly peak load below 50 megawatts are not classified as data centers and are exempt, provided they are not designed, constructed, or operated for large-scale computational processing, AI model training or inference, cloud computing, or commercial data-storage services.
The moratorium becomes effective only after the ordinance is filed with the Florida Secretary of State and the County receives official acknowledgment of the filing, creating a procedural delay before the restrictions take effect.
Benefits & exceptionsHide benefits & exceptions6
Data centers, server rooms, computer rooms, and information-technology facilities used by a business, government agency, educational institution, healthcare provider, or nonprofit for its own internal information systems, cybersecurity, communications, business applications, or data storage are exempt from the moratorium.
Facilities used primarily for a single organization’s internal enterprise IT infrastructure, dedicated cloud services, disaster recovery, backup operations, or routine business computing are exempt, provided they are not primarily serving unaffiliated third parties.
Incidental or ancillary artificial-intelligence applications supporting the owner’s or operator’s own operations are exempt when they are not offered as commercial AI computing services to third parties.
A data center facility with an anticipated monthly peak load below 50 megawatts is exempt from the moratorium, with peak load calculated as the highest average load over a 15-minute interval.
Facilities whose primary purpose is communications or telecommunications services, such as wireline, wireless, broadband, fiber-optic, internet, or network interconnection services, are not classified as data centers and are not subject to the moratorium if their anticipated monthly peak load is below 50 megawatts and they are not designed, constructed, or operated for large-scale computational processing, AI model training or inference, cloud computing, or commercial data storage.
The moratorium applies only within unincorporated Marion County, so data-center projects in incorporated municipalities are outside this ordinance’s restrictions.
Sources
Data provided by Regbase · Cookie preferences · Report missing data
