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Volusia County Council Takes Final Vote on Banning Large-Scale Data Centers as the Issue Splits Florida's Governor's Race

The Florida Press Newsroom6 min read
Volusia County Council Takes Final Vote on Banning Large-Scale Data Centers as the Issue Splits Florida's Governor's Race
Photo: Joël van der Loo, Wikimedia Commons (CC BY-SA 4.0)

The Volusia County Council was scheduled to take its final vote Tuesday, Oct. 20, on an ordinance that would ban large-scale data centers from unincorporated parts of the county, a step that would make Volusia one of the most restrictive local governments in Florida on the facilities that power artificial intelligence. The measure would prohibit data centers with an anticipated monthly peak electrical load of 50 megawatts or more. It would not apply inside Volusia's cities, which control their own land use and zoning.

The council advanced the ordinance unanimously on first reading Oct. 6. The Daytona Beach News-Journal reported that vote as 7-0. As of this writing, the outcome of Tuesday's second and final public hearing had not been reported.

What the ordinance would do

The proposal targets what state law now calls large-scale data centers. County staff defined the threshold as a single location with an on-site data center and an anticipated monthly peak load of 50 megawatts or more, measured as the highest average load over a 15-minute interval, according to WFTV. Loads spread across several locations owned by the same customer are not counted together.

According to the News-Journal, the ordinance would bar the construction, opening and operation of such facilities in the unincorporated county. The county has not accepted new applications for large-scale data centers in unincorporated areas since Aug. 17, and that hold remains in place until the council takes final action, WFTV reported.

Before reaching the council a second time, the ordinance went to the county's Planning and Land Development Regulation Commission for review on Oct. 15.

How Volusia got here

The county began pursuing the ban in August. At an Aug. 17 meeting, council members had been presented with a draft six-month moratorium. County attorneys and Council member David Santiago recommended stretching the pause to 12 months to allow time for a state study, WFTV reported. Instead, the council directed staff to draft an outright prohibition, choosing a permanent ban over a temporary pause. Council member Don Dempsey urged immediate action, telling colleagues the county needed to seize the moment, according to the station.

Public speakers at that meeting pointed to full bans in Jackson and Wakulla counties and urged Volusia to follow. WFTV reported that no large-scale data center proposals were under consideration anywhere in Volusia County at the time.

Officials have cited the facilities' potential demands on water and electricity, noise and the effects on nearby neighborhoods. Santiago told WKMG News 6 that residents and officials are worried about water and electricity use and about whether a data center would even be feasible given the county's limited available land. He acknowledged possible tax revenue and economic benefits but said those must be weighed against quality of life. "There's a lot of uncertainties," he said.

The debate on the council

Not everyone on the dais agreed that a ban is the right tool. At-large Council member Jake Johansson questioned whether the county should instead regulate the impacts of data centers and judge projects one at a time, citing potential property tax revenue and jobs. According to the News-Journal, he pointed to $159 million in potential property tax revenue and 100 jobs and cautioned against knee-jerk reactions, though he voted for the ordinance on first reading.

Council Chair Jeff Brower pushed back on that framing and said the ordinance could be revisited if data center operations become more efficient. Council member Matt Reinhart, who made the original motion, raised concerns about strain on the aquifer, including the possibility of cave-ins or sinkholes, and said there was only one heavy industrial area where a data center might fit, likely too small for one, the News-Journal reported. Council member Troy Kent said such a load would place extreme baseline demands on the energy grid.

Some residents want the county to go further. At the Oct. 6 hearing, speakers argued that the 50-megawatt line could leave smaller facilities with similar impacts unregulated. Suzanne Scheiber, founder of the group Dream Green Volusia, told the council a 49-megawatt facility is only negligibly different from a 50-megawatt one, according to the News-Journal.

Cities are acting on their own

Because the county ordinance stops at city limits, several Volusia municipalities have taken separate steps. Ormond Beach unanimously passed an 18-month moratorium in July, and Edgewater's data center ordinance is headed to the November ballot after unanimous city council approval, WFTV reported.

Elsewhere in Florida, counties have moved to pause development. FOX 13 reported in July that Hernando, Citrus and Pasco counties had blocked data center approvals for at least a year. Earlier this month, Manatee County froze data center applications for a year while commissioners floated a permanent ban.

The state law behind local bans

Volusia's ordinance relies on authority confirmed in Senate Bill 484, which Gov. Ron DeSantis signed in May. According to WPTV, the law preserves local control over development, requires utility rate protections so large data centers cover their own cost of service, sets water permitting requirements and calls for an independent study of data centers' effects. WFTV reported that the law directs the Office of Program Policy Analysis and Government Accountability to contract for a study with policy recommendations for local governments.

A statewide fight in the governor's race

The Volusia vote lands two weeks before the Nov. 3 general election, in a governor's race where data centers have become a dividing line.

Democratic nominee David Jolly wants a one-year statewide moratorium on new data center construction, beginning when he takes office, to study environmental, health and economic effects, according to WPTV. His campaign is running ads urging viewers to "Say no to Data Center Donalds."

Republican nominee Byron Donalds describes data centers as infrastructure Florida needs to compete, with safeguards for water, electric customers and nearby neighborhoods, WPTV reported. His priorities include protecting customers from higher utility bills, limiting water use through recirculating or air-based cooling and keeping facilities away from homes, and his campaign says communities should be able to reject them. Donalds told FOX 13 in July that he would not support a moratorium because it would signal that Florida is not a place to invest.

What voters are saying

Public opinion has leaned against local construction. A University of North Florida poll of 848 likely voters, conducted July 8 to 17, found that 68% opposed an AI data center in their area and 28% supported one, with a margin of error of plus or minus 3.8 percentage points, according to WPTV. The station noted that the poll measured opposition to local construction, not support for a statewide moratorium.

The concern has reached Central Florida's biggest local race. In Orange County, mayoral candidates Tiffany Moore Russell and Chris Messina both told WKMG News 6 they have reservations about large AI data centers. Moore Russell said she opposes the large facilities being proposed and praised the county for pursuing a moratorium to study the issue, citing water use and strain on power supplies. Messina said small data centers are needed but he opposes hyperscale facilities, naming water as his main worry.

What's next

If the council approves the ordinance on second reading, the ban on large-scale data centers would take hold across unincorporated Volusia County, while cities would keep deciding the question for themselves. Johansson's argument for case-by-case regulation, and residents' calls to address facilities below the 50-megawatt threshold, could resurface if the county revisits the rules. Statewide, the state-commissioned study under SB 484 and the outcome of the governor's race are likely to shape how far other counties follow Volusia's lead.

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