By Brian French | FloridaTechnologyNews.com | September 9, 2026
Quick Answer
The November 3, 2026 election will decide who governs Florida’s AI data center boom, whether the state keeps writing its own AI rules, and how much Washington overrides them. Republican nominee Byron Donalds argues data centers are infrastructure Florida needs to compete, with safeguards for water, electric customers and neighborhoods, while Democratic nominee David Jolly wants a one-year pause on construction. Either way, SB 484’s ratepayer rules stay on the books; what changes is enforcement tone, local permitting climate, and Florida’s posture toward federal preemption.
What’s on the Ballot
Florida votes for a U.S. Senate seat and governor, all 28 U.S. House seats, most statewide offices, all 120 Florida House seats, and 20 of 40 Florida Senate seats. The table below maps the races that matter most to technology companies.
| Race | Nominees | Tech stakes |
|---|---|---|
| Governor | Donalds (R) vs. Jolly (D) | Data center posture, AI rules, PSC appointments |
| U.S. Senate (special) | Moody (R) vs. Nixon (D) | Federal AI preemption votes |
| Attorney General | Uthmeier (R) vs. Rodríguez (D) | AI enforcement, OpenAI probe |
| FL House (120 seats) | New Speaker post-election | Whether AI Bill of Rights returns |
| U.S. House (28 seats) | Newly redrawn maps | Federal tech committees |
On the Senate side, appointee Ashley Moody faces state Rep. Angie Nixon, who upset fundraising leader Alex Vindman with 56.1% of the primary vote. Attorney General James Uthmeier, appointed after Moody moved to the Senate, is seeking a full term against José Javier Rodríguez.
AI Data Centers: The Issue That Ate the Campaign
Nobody predicted this would be the defining issue. Jolly launched his campaign betting on homeowners’ insurance, then acknowledged in July that the statewide backlash against AI data centers had eclipsed everything else.
The law already in place
Gov. DeSantis signed SB 484 on May 7, 2026 at Florida Polytechnic University, requiring that utility customers not bear the added costs of new large-scale AI data centers. The mechanics matter for anyone planning a facility:
- The law applies to any customer with an anticipated monthly peak load of 50 megawatts or more, and utilities must file compliant tariffs with the Public Service Commission by October 1, 2026.
- The sales tax exemption for AI data center equipment and electricity now applies only to projects with an IT load of 100 megawatts or higher.
- SB 484 preserves local authority over development, establishes water-permitting requirements, and calls for an independent study of data centers’ economic, environmental, energy and public health effects.
That October 1 tariff deadline lands five weeks before the election. The tariffs the PSC approves this fall will set the real price of connecting a hyperscale campus in Florida for years.
Where the candidates split
Donalds has laid out three priorities: protecting customers from higher bills, limiting water use through recirculating or air cooling, and keeping facilities away from homes, and his campaign says communities that don’t want data centers won’t get them. He has refused to endorse moratoriums, calling them a signal to the business community that Florida is not a place to invest capital.
Jolly wants a statewide moratorium until Florida has a plan to safeguard water, the grid and local communities. The populist energy behind that position is bipartisan. Hernando, Citrus and Pasco counties have blocked approvals for at least a year, and a recent poll found 68% of voters oppose local data center construction. Republican primary rivals James Fishback backed an outright ban and Paul Renner favored a pause.
Money is a factor. A super PAC backed by AI industry leaders chose the Florida governor’s race as its first state-level contest, a signal the industry is laying groundwork for a larger footprint in the state. Expect the “$5 million from AI donors” line to feature in Democratic ads through November.
Reality check on the promises
Florida has more than 100 operational data centers, with hyperscale AI facilities proposed but none yet open. PolitiFact examined Donalds’ claim that SB 484 guarantees no rate increases and found that is not guaranteed; his campaign’s fallback was that no rate change takes effect without the state energy commission’s approval. Translation for operators: the law shifts cost allocation, but the PSC, whose members the next governor appoints, decides what “full cost of service” means in practice.
Federal Preemption: The Washington Wildcard
The Senate and House races feed directly into whether Florida keeps its own AI rules. On March 20, 2026 the White House released a National AI Legislative Framework whose central thrust is to preempt “unduly burdensome” state AI regulation and channel oversight through existing agencies like the FTC, FCC and SEC. Congress has repeatedly declined to enact comprehensive preemption, rejecting it in both the One Big Beautiful Bill Act and the NDAA.
The most viable vehicle is the Great American Artificial Intelligence Act of 2026, a bipartisan discussion draft from Reps. Jay Obernolte and Lori Trahan that would freeze state laws for three years while forcing frontier labs to open up their models. Notably, Trump’s December executive order carved out state regulation of child safety and “AI compute and data center infrastructure” from preemption, which is why SB 484 is relatively safe regardless of who wins.
Donalds has staked out an unusual position here. He supports state-level regulation of AI and data centers, a clear departure from Trump’s desire to preempt states, and introduced federal legislation requiring data centers to obtain electricity and water from private sources. That bill, H.R. 9777, the Protecting Ratepayers Act, would require hyperscale AI data centers to remove their dependency on public utilities.
The AI Bill of Rights: Unfinished Business
Florida’s other major AI fight died twice this year and will return. DeSantis’s “AI Bill of Rights,” sponsored by Sen. Tom Leek, passed the Senate 35-2 but died in the House without being read; it would ban companion chatbots from interacting with children without parental consent and require bots to remind users they are not human, while limiting sale of personal data and prohibiting unauthorized AI likenesses. Speaker Daniel Perez killed it again on the first day of the April special session, limiting the House to congressional redistricting.
The midterms matter because the House leadership changes. Perez’s term as Speaker ends after the election and Speaker Designate Sam Garrison takes the gavel. Whether the 2027 session revives chatbot and likeness rules depends on the new Speaker’s relationship with the new governor. Compounding the pressure: Attorney General Uthmeier opened a criminal investigation into ChatGPT and OpenAI over its alleged role in the FSU shooting. Florida software companies deploying consumer-facing AI should assume some version of these rules passes in 2027.
What Florida Tech Companies Should Do Now
- Data center developers: Track PSC tariff filings due October 1. Model projects at both 50 MW (ratepayer rules) and 100 MW (tax exemption) thresholds.
- Site selectors: Treat county politics as a hard constraint. The state law explicitly preserves local veto power.
- AI software firms: Build parental consent, disclosure and likeness protections now; both parties’ voters support them.
- All tech employers: Public concern over AI’s impact on jobs, energy costs and child safety will intensify legislative attention regardless of outcome.
Brian’s Take
The headline fight is Donalds versus Jolly on moratoriums, but the money question is quieter: who sits on the Public Service Commission when the first hyperscale tariff dispute lands. A Donalds win means Florida stays open, with the state itself, not Washington, writing the conditions. A Jolly win freezes the pipeline for a year, and a year is an eternity when capital is choosing between Florida, Texas and Georgia. Watch the down-ballot legislative races too. If the House flips more populist, the AI Bill of Rights comes back with teeth in March.
Frequently Asked Questions
Will SB 484 be repealed if Jolly wins?
No. Jolly wants to add a moratorium on top of it, not remove ratepayer protections.
Can a governor stop data centers alone?
Not directly. Local governments hold zoning authority, and a moratorium would need legislative action or agency rule changes.
Does federal preemption threaten Florida’s data center law?
Unlikely. The White House framework and executive order carve out state rules on data center infrastructure and child safety.
When are the utility tariffs due?
Utilities must file SB 484-compliant tariffs with the PSC by October 1, 2026.
What’s the tax exemption threshold?
AI data center equipment and electricity are sales-tax exempt only at 100 MW of IT load or more.
Sources and Further Reading
- Ballotpedia – Florida gubernatorial election, 2026: https://ballotpedia.org/Florida_gubernatorial_and_lieutenant_gubernatorial_election,_2026
- Wikipedia – 2026 Florida elections: https://en.wikipedia.org/wiki/2026_Florida_elections
- Wikipedia – 2026 U.S. Senate special election in Florida: https://en.wikipedia.org/wiki/2026_United_States_Senate_special_election_in_Florida
- WUSF – DeSantis signs bill regulating hyperscale AI data centers (May 7, 2026): https://www.wusf.org/politics-issues/2026-05-07/desantis-signs-bill-adding-regulations-for-hyper-scale-ai-data-centers
- ComputeLaw – Florida utility connection and power contracts for AI data centers: https://computelaw.blog/power/florida-utility-connection-power-contracts-ai-data-centers/
- PolitiFact – Fact-checking Byron Donalds on SB 484 (Aug. 7, 2026): https://politifact.com/factchecks/2026/aug/07/byron-donalds/florida-data-centers-byron-donalds-governor-race/
- WTXL – Data centers divide Florida governor’s race: https://www.wtxl.com/news/politics/data-centers-divide-florida-governors-race-as-voters-question-the-ai-boom
- FOX 13 – Donalds and Jolly clash over AI data centers (July 24, 2026): https://www.fox13news.com/news/florida-governor-race-donalds-jolly-clash-over-ai-data-centers
- Florida Courier / Tampa Bay Times – AI backlash and Donalds’ data center support: https://www.flcourier.com/news/as-ai-backlash-grows-byron-donalds-support-for-data-centers-draws-fire/article_afaa7212-ee00-4264-93ac-a89e654b8902.html
- WFLX – Donalds bill requiring data centers to supply own power and water: https://www.wflx.com/2026/07/28/florida-rep-byron-donalds-pushes-bill-requiring-ai-data-centers-supply-their-own-power-water/
- Freshfields – White House AI Legislative Framework: https://www.freshfields.com/en/our-thinking/blogs/a-fresh-take/white-house-publishes-ai-legislative-framework-to-preempt-state-ai-regulation-102mnul
- Broadband Breakfast – Great American AI Act discussion draft: https://broadbandbreakfast.com/ai-preemption-battle-lands-in-congress-with-substantive-discussion-draft/
- TechPolicy.Press – State AI legislation midway through 2026: https://www.techpolicy.press/where-state-ai-legislation-stands-half-way-into-2026/
- Florida Phoenix – Speaker kills AI Bill of Rights in special session: https://floridaphoenix.com/2026/04/28/florida-speaker-kills-desantis-ai-regulation-vaccine-repeal-bills-on-first-day-of-special-session/
- WFLA – AI Bill of Rights and the Uthmeier OpenAI investigation: https://www.wfla.com/news/florida/ai-bill-of-rights-back-on-the-table-in-special-session/
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