Florida SB 1118: Public Records/Data Centers

Bill Text

1118 
Public Records/Data Centers 
2026-02-04T12:32:08Z 
Providing an exemption from public records requirements for information relating to the plans, intentions, or interest of a person to locate a data center; providing for future legislative review and repeal of the exemption; providing a statement of public necessity, etc. 
Committee Substitute 1 
2026 
S 
GB 
General Bill 
c1 

 Florida Senate - 2026 CS for SB 1118 

 By the Committee on Community Affairs; and Senator Avila 

 578-02479-26 20261118c1 
 1 A bill to be entitled 
 2 An act relating to public records; amending s. 
 3 112.231, F.S.; providing an exemption from public 
 4 records requirements for information relating to the 
 5 plans, intentions, or interest of a person to locate a 
 6 data center; defining the term “proprietary 
 7 confidential business information”; providing for 
 8 future legislative review and repeal of the exemption; 
 9 providing a statement of public necessity; providing a 
 10 contingent effective date. 
 11 
 12 Be It Enacted by the Legislature of the State of Florida: 
 13 
 14 Section 1. Present subsection (5) of section 112.231, 
 15 Florida Statutes, as created by SB 484 or similar legislation, 
 16 2026 Regular Session, is redesignated as subsection (6), and a 
 17 new subsection (5) is added to that section, to read: 
 18 112.231 Data center nondisclosure agreements; 
 19 confidentiality.— 
 20 (5)(a) If a person, as defined in 1.01(3), requests in 
 21 writing that a county or municipality maintain the 
 22 confidentiality of information that concerns the plans, 
 23 intentions, or interests of such person to locate a data center 
 24 within the jurisdiction of the county or municipality, any 
 25 portion of a public record held by a county or municipality 
 26 which contains such information is confidential and exempt from 
 27 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. The 
 28 request must be made during the timeframe in which the person 
 29 plans, intends, or is interested in locating the data center and 
 30 before any formal application is filed with the county or 
 31 municipality. The information is confidential and exempt for 12 
 32 months after the date a county or municipality receives a 
 33 request for confidentiality or until the person waives 
 34 confidentiality or the information is otherwise disclosed. 
 35 However, the county or municipality must disclose that the 
 36 project is a data center. This paragraph applies to officers and 
 37 public employees of the county or municipality and any other 
 38 public or private agency, person, partnership, corporation, or 
 39 business entity acting on behalf of the county or municipality. 
 40 (b) The information requested pursuant to paragraph (a) may 
 41 be disclosed to an agency with decision-making or regulatory 
 42 responsibility regarding the data center, including, but not 
 43 limited to, regulation of the location, construction, or 
 44 operations. 
 45 (c)1. A person’s proprietary confidential business 
 46 information related to a data center and held by an agency is 
 47 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 
 48 of the State Constitution, until such information is otherwise 
 49 publicly available or is no longer treated by the proprietor as 
 50 proprietary confidential business information. 
 51 2. The term “proprietary confidential business information” 
 52 means information that is owned or controlled by the person 
 53 requesting confidentiality under this section; that is intended 
 54 to be and is treated by the person as private in that the 
 55 disclosure of the information would cause harm to the business 
 56 operations of the person; and that has not been disclosed 
 57 pursuant to a statutory provision or an order of a court or 
 58 administrative body. Proprietary confidential business 
 59 information includes all of the following: 
 60 a. Business plans. 
 61 b. Internal auditing controls and reports of internal 
 62 auditors. 
 63 c. Reports of external auditors for privately held 
 64 companies. 
 65 d. Security measures, systems, or procedures. 
 66 e. Information relating to competitive interests, the 
 67 disclosure of which would impair the competitive business of the 
 68 provider of the information. 
 69 (d) This subsection is subject to the Open Government 
 70 Sunset Review Act in accordance with s. 119.15 and shall stand 
 71 repealed on October 2, 2031, unless reviewed and saved from 
 72 repeal through reenactment by the Legislature. 
 73 Section 2. The Legislature finds that it is a public 
 74 necessity to provide confidentiality for a period of time for 
 75 certain information concerning persons locating a data center in 
 76 this state which is contained in records of such persons 
 77 conducting business or attempting to conduct business with a 
 78 county or municipality in this state. The disclosure of 
 79 information such as plans for locating pro