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OPINION: Nassau County says banning data centers is too risky. Tell us 'exactly' why.

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By Mike Lednovich

Nassau County Attorney Denise May has warned county commissioners that banning data centers could expose taxpayers to costly lawsuits. But simply saying a ban is too risky isn't enough. Tell us exactly why.

Before county officials rule out a prohibition, the public deserves specifics.
 

Which provisions of Nassau County's land development code currently permit data centers?

Have any property owners acquired vested rights to build them?
 

And why is Nassau County legally different from three Florida counties that have already adopted bans?

At Monday's County Commission workshop, Commissioner John Martin asked the question many residents have been asking.
 

"Why can't we just ban them?"

"My opinion is an outright ban is more than just risky," May responded.
 

Her concern is that data centers may already qualify as permitted uses under existing zoning regulations. Eliminating those rights could invite lawsuits and potentially require compensation under Florida's Bert J. Harris Jr. Private Property Rights Protection Act.

That may be a legitimate concern. But the possibility of litigation does not mean a prohibition is legally impossible.
 

Walton County voted unanimously in June to ban data centers and large-load centers. Wakulla County followed in September. Volusia County adopted a prohibition on large-scale data centers Oct. 20. That brings the number to six altogether in Florida.

Those counties may have different zoning provisions and legal exposure. But their actions warrant closer examination before Nassau County totally dismisses a similar approach.
 

If existing development rights are the obstacle, identify them.

 
Denise May
Denise May
 
Has a developer received approvals? Are there properties with vested rights that would survive a zoning change? Or is the county primarily concerned about potential claims involving future development?
 

Could Nassau County prohibit new large-scale data centers while protecting existing vested rights? Could a prohibition distinguish between ordinary computer facilities and massive industrial campuses?

If those approaches are legally defective, please, county officials, explain to us why.
 

The financial argument also needs scrutiny.

What might it cost taxpayers to defend a ban? Under what circumstances could the county face compensation claims? No attorney can predict a court ruling, but commissioners should have an assessment of the potential exposure.
 

Residents have raised concerns about noise, groundwater contamination, water consumption and the proximity of industrial facilities to homes.

The county's proposed regulations may address some of those concerns. But regulations would still establish a pathway for data centers to be approved. A prohibition would make a fundamentally different land-use choice.
 

Martin warned that a poorly researched ban could attract developers willing to exploit weaknesses in the county's legal position.

 
John Martin
John Martin
 
 
"And if we didn't do our due diligence like this, we would be inviting the bad actors to come to Nassau County and potentially walk right over us," he said.
 
That's an argument for careful legal preparation, not necessarily for abandoning a ban.
 

And, is there any evidence that these same bad actor developers are flocking to those other three counties to exploit similar weaknesses?

Being afraid isn't a valid basis to dismiss alternatives.
 

Nassau County imposed a temporary moratorium to study data center development. That review should include a detailed comparison with the counties that have adopted prohibitions and a public explanation of whether Nassau County could legally do the same.

The county attorney's responsibility is to identify legal risks. The commissioners' responsibility is to decide whether those risks are worth taking.
 

Before they make that decision, residents deserve to know exactly what rights a ban would violate, whether a defensible prohibition is possible and what financial exposure taxpayers might face.

County       Action

 

Walton  -     Permanent ban, June 9, 2026

 

Wakulla   - Ban

 

Indian River - Hyperscale data centers prohibited

 

Escambia  - Ban on large-scale data centers

 

Volusia -  Ban on large-scale data centers

 

Jackson   -  Ban

 

Washington  -  One-year moratorium, not a ban

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