BUSINESS IMPACT ESTIMATE REQUIRED BY §125.66(3), Fla. Stat.
FRANKLIN COUNTY, FLORIDA
PROPOSED ORDINANCE TITLE
ORDINANCE NO. 2026-______
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF FRANKLIN COUNTY, FLORIDA,ESTABLISHING A TEMPORARY MORATORIUM ON THE ACCEPTANCE, PROCESSING, REVIEW, AND ISSUANCE OF DEVELOPMENT APPLICATIONS, DEVELOPMENT ORDERS, DEVELOPMENT PERMITS, BUILDING PERMITS, AND OTHER COUNTY APPROVALS FOR LARGE-SCALE DATA CENTERS AND LARGE LOAD CUSTOMER FACILITIES WITHIN THE UNINCORPORATED AREA OF FRANKLIN COUNTY;PROVIDING FINDINGS; PROVIDING DEFINITIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR EXCEPTIONS; PROVIDING FOR VESTED RIGHTS AND HARDSHIP RELIEF; DIRECTING COUNTY STAFF TO REVIEW AND PREPARE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE AMENDMENTS; PROVIDING THAT THE ORDINANCE DOES NOT REGULATE MATTERS WITHIN THE JURISDICTION OF THE FLORIDA PUBLIC SERVICE COMMISSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE.
SUMMARY OF THE ORDINANCE
The ordinance establishes a temporary one-year moratorium on the acceptance, processing, review and issuance of development applications, development orders, development permits, building permits and other county approvals for large-scale data centers and large load customer facilities in the unincorporated area of Franklin County, Florida. It does not regulate matters within the jurisdiction of the Florida Public Service Commission. The one-year moratorium shall allow Franklin County time to study and possibly develop regulations for the unique planning, infrastructure and compatibility considerations that data centers and large-load facilities present to the unique characteristics of Franklin County, Florida, including, but not necessarily limited to, prohibiting such data centers and large load facilities.
PUBLIC PURPOSE OF THE ORDINANCE
The ordinance will serve the public health, safety, morals and welfare of Franklin County, Florida, by preserving the status quo while the county examines the unique planning, compatibility and infrastructure considerations of data centers and large load facilities in unincorporated Franklin County, Florida.
ESTIMATE OF DIRECT ECONOMIC IMPACT OF THE PROPOSED ORDINANCE
· Estimate of the of the direct economic impact of the proposed one-year moratorium ordinance on private, for-profit businesses in Franklin County: The proposed ordinance may have a direct economic impact on private, for-profit businesses in the county that seek to establish and construct a covered data center or large load facility in the unincorporated area of Franklin County, Florida. Absent information as to the number, timing, size, location, status, business plans or assertion of vested rights or other legal entitlement to a covered data center or large load facility, it is not meaningfully possible to calculate the direct economic impact on private, for-profit businesses.
· Estimate of direct compliance costs businesses may reasonably incur if the ordinance is enacted: The proposed ordinance does not impose any compliance costs. Franklin County does not have any existing data centers and the ordinance does not regulate matters within the jurisdiction of the Florida Public Service Commission. The proposed temporary one-year moratorium ordinance will not impose costs on existing businesses that do not seek to establish, construct and operate data centers or large-load facilities within the unincorporated areas of Franklin County, Florida. A business seeking to establish, construct and operate a data center or large load facility may incur costs associated with the inability to apply for a permit to proceed with construction of a data center or large load facility in the unincorporated area of Franklin County, Florida, such as, but not necessarily limited to, due diligence costs, design and redesign costs, consultant costs, relocation costs, engineering costs, legal costs, financing costs and costs associated with preparation of any requested vested rights determination. Such costs are project specific and not reasonably capable of determination without project specific information.
· Identification of any new charge or fee on businesses subject to the proposed ordinance or for which businesses will be financially responsible: The proposed ordinance does not impose any new charges or fees, though existing county fees may apply if an applicant seeks a vested rights determination.
· Estimate of the county’s regulatory costs, including an estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs: The county may incur administrative, legal, planning, publication, website posting and staff review costs associated with implementing the ordinance, responding to inquiries and reviewing any vested rights determination requests and administering the temporary one-year moratorium, which are expected to be absorbed through existing resources unless the Board elects to hire outside legal, planning, engineering or consultant assistance.
· A good faith estimate of the number of businesses likely to be impacted by the temporary one-year moratorium ordinance: A good faith estimate is that no businesses are likely to be impacted by the proposed ordinance.
· Any additional information the board determines to by useful: The proposed ordinance is on filed with the Clerk of Court, 33 Market Street, Apalachicola, Florida 32320 (850-653-8611 x100) and provides for findings and intent; duration, applicability; exceptions; vested rights and hardship; staff directions and an effective date.