Volusia County, Fla., has moved to bar large data centers from the parts of the county that it governs directly. Ordinance 2026-22 prohibits large-scale data centers, defined by a 50-megawatt load threshold, in unincorporated Volusia. The ordinance passed first reading 7-0 at the County Council's Oct. 6 meeting, according to the county's closed-caption transcript of that meeting. WFTV reported that the council voted on Tuesday, Oct. 20, to adopt the ban on final reading. That report did not give a vote count, and DataCenterFeed did not find the final tally in any source it reviewed.

The ordinance applies only to unincorporated land. WFTV reported that it does not apply inside the county's incorporated cities, which keep their own land-use authority.

The vote stands out for one more reason: nobody had applied to build a data center. On the Oct. 6 record, County Attorney Michael Dyer said that no data center application was pending that he was aware of. Council Member Don Dempsey told WFTV the county had received no applications for AI data centers.

What the ordinance does

WFTV reported that the ordinance prohibits facilities with an anticipated peak load of at least 50 MW. The motion, as read into the Oct. 6 transcript, was for "a ban on 50 MW or greater data centers in unincorporated Volusia County." Council Member Troy Kent made the motion and Dempsey seconded it. After the roll call, Chair Jeff Brower announced, "The ban passes 7/0," according to the transcript. The transcript is auto-generated captioning, so its wording is rough in places.

During the same discussion, county staff said the ban would not allow an existing warehouse to be converted into a data center, according to the transcript.

Spectrum News 13 reported that county staff wrote the ordinance and that it runs 26 pages. At the Oct. 6 meeting, Spectrum News 13 reported, Brower said a vote for the ban was not a statement against data centers: "It just means not here."

Why the threshold is 50 MW

The 50 MW figure comes from state law. Spectrum News 13 reported that the ordinance references Florida Senate Bill 484, which took effect in July and lets local governments regulate large-scale data centers through land development regulations. Orlando Weekly reported that Gov. Ron DeSantis signed the bill in May. On the Oct. 6 record, Dyer said the 50 MW figure comes from the bill's definition of a large-scale data center.

The Florida Senate's enrolled text of CS/CS/SB 484 defines a "large-scale data center" as "a single location, with a data center on site, that has an anticipated monthly peak load of 50 megawatts or more, calculated as the highest average load over a 15-minute interval." The enrolled text says the act takes effect July 1, 2026, except where it otherwise expressly provides. It also says that "local governments shall maintain the authority to exercise the powers and responsibilities for comprehensive planning and land development regulation" granted by law with respect to large load customers.

Volusia's ordinance uses that same 50 MW line. Dempsey told WFTV the governor and the Legislature had given the county a "small window of opportunity" to put a permanent ban in place.

From moratorium to permanent ban

The ban was not the county's first proposal. Orlando Weekly reported that county staff originally recommended a 12-month moratorium on facilities with a peak load of 50 MW or more. After an hours-long meeting in August, the council voted to move forward with a permanent ban. The outlet quoted Dempsey saying he wanted the measure to be permanent so it would not lapse after a year.

The "Whereas" clauses

The ordinance carries an unusually long preamble. On the Oct. 6 record, Dyer said a ban is one of the harshest tools available in land-use regulation, which is why the ordinance includes so many "Whereas" clauses laying out the county's reasoning. Kent said there were 98 of them.

According to the transcript, Kent singled out two of those clauses, which cite specific risks:

  • the strain a load of 50 MW or more could put on the energy grid
  • the extraction of millions of gallons of water per day that large-scale data centers could cause

Dempsey gave a geological reason as well. WFTV reported that he cited the aquifer and sinkholes in explaining his support for the ban.

Dissent on the record

The first-reading vote was unanimous, but the discussion was not. According to the Oct. 6 transcript, Council Member Jake Johansson argued before the vote that the answer to concerns about data centers was regulation rather than a ban. He told colleagues he favored judging each project on its merits.

What is still unclear

None of the sources DataCenterFeed reviewed gave the final Oct. 20 vote count. The only tally on the county record is the 7-0 first-reading vote in the Oct. 6 transcript. WFTV described the Oct. 20 outcome without giving numbers. None of the sources reviewed said whether the ordinance had been filed with the state as of publication.

WFTV reported that the ban does not apply inside Volusia's incorporated cities, which have their own land-use authority. Orlando Weekly likewise reported that cities such as Daytona Beach, DeLand and Deltona would keep their own authority to regulate data center development.

What Happens Next

Spectrum News 13 reported the steps scheduled after first reading: a discussion by the county's Planning and Land Development Regulation Commission on Oct. 15, then a second and final hearing on Oct. 20. WFTV reported that the council voted to adopt the ban on Oct. 20.

According to Spectrum News 13, the ordinance would take effect once it is filed with the Florida Department of State. None of the sources reviewed gave a filing date.

Sources