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County Commission Takes Vote on Resolution Concerning Data Centers
Bay County Florida BOCC Meeting today approved a Data Center Resolution which to directs staff to 'evaluate the infrastructure, utility, environmental, and land use impacts of large-scale data centers and other large-load customers, and to expeditiously return to the Commission with any necessary amendments to the Comprehensive Plan, Land Development Regulations and other ordinances to protect the public health, safety, and welfare of Bay County residents, including a temporary moratorium on development approval for such facilities.'
This serves as notice of a potential Moratorium or even future Ban, but to enact a moratorium, it would need Planning Board involvement and requested Community input. The county does not currently have any applications for large-scale data centers, they are taking steps to be proactive and allot time to prudently review all the requirements (incl. FL SB484 effective 1 July) and needs of the county and citizens, including the military bases; today's step would also flag the Planning Board to notify BOCC when/if a Data Center application is received by Planning Dept. Based on staff findings, a draft would be prepared in preparation for July's meeting.
I applaud the Board's desire to be fully informed prior to enacting legislation that could be under or overly restrictive based on perceived vs. actual risk or impact.
See the June 2, 2026 BOCC Mtg (County Attorney ~10 min mark)
https://baycountyfl.new.swagit.com/videos/389774
The State of Florida in 1995 enacted the Bert J. Harris Jr. Private Property Protection Act, which created a new cause of action for aggrieved property owners. If property owners could demonstrate that a governmental action “inordinately burdens” their property, they would be entitled to some form of compensation. Prior to the Harris Act, governmental agencies became quite adept at implementing zoning changes that would significantly reduce a property owner’s rights and investment potential with their property, but would not rise to the level of a “taking” under an eminent domain or inverse condemnation analysis, and therefore the government would not have to compensate property owners for their loss. The legislature remedied this by passing the Harris Act.
This serves as notice of a potential Moratorium or even future Ban, but to enact a moratorium, it would need Planning Board involvement and requested Community input. The county does not currently have any applications for large-scale data centers, they are taking steps to be proactive and allot time to prudently review all the requirements (incl. FL SB484 effective 1 July) and needs of the county and citizens, including the military bases; today's step would also flag the Planning Board to notify BOCC when/if a Data Center application is received by Planning Dept. Based on staff findings, a draft would be prepared in preparation for July's meeting.
I applaud the Board's desire to be fully informed prior to enacting legislation that could be under or overly restrictive based on perceived vs. actual risk or impact.
See the June 2, 2026 BOCC Mtg (County Attorney ~10 min mark)
https://baycountyfl.new.swagit.com/videos/389774
The State of Florida in 1995 enacted the Bert J. Harris Jr. Private Property Protection Act, which created a new cause of action for aggrieved property owners. If property owners could demonstrate that a governmental action “inordinately burdens” their property, they would be entitled to some form of compensation. Prior to the Harris Act, governmental agencies became quite adept at implementing zoning changes that would significantly reduce a property owner’s rights and investment potential with their property, but would not rise to the level of a “taking” under an eminent domain or inverse condemnation analysis, and therefore the government would not have to compensate property owners for their loss. The legislature remedied this by passing the Harris Act.
