Florida Republicans are diverging from President Donald Trump when it comes to regulating data centers.
In Florida, the data center debate has
The political differences over data center policies across the country come as states, and in some ways the federal government, grapple with incentivizing data centers’ growth but also regulating it. Many politicians in recent months have zeroed in on energy affordability as a major talking point.
Some Florida state lawmakers, led by Republican Gov. Ron DeSantis, have pushed to rein in the AI industry and set new limits on data center development. But those efforts didn’t go far in this year’s legislative session, underscoring divisions within the party over how aggressively to regulate the sector.
A Florida GOP-proposed “AI Bill of Rights”—which would have required disclosures when consumers interacted with AI chatbots and barred its use in licensed mental health counseling, among other things—stalled in the House. Another measure that would have barred local governments from entering nondisclosure agreements with data center developers was scaled back at the last minute by the Senate.
“I’m committed to seeing the policies ultimately prevail,” DeSantis said March 13 during a press conference on the final day of the legislative session. A spokesperson for his office didn’t respond to a request for comment about the governor’s view on the nondisclosure provision being stripped from the bill.
DeSantis-Trump Divide
The data center policy debate has “a Trump vs. DeSantis dimension to it,” said Joshua Gellers, a political science professor and inaugural faculty fellow for AI at the University of North Florida. He said, “some people might look askance at this and say, ‘Why is a governor of a red state seemingly on board with policies regarding AI that are not shared by the torchbearer of the Republican Party?’”
“You could argue that maybe there’s some effort to create daylight between DeSantis and Trump for potential future political aspirations,” Gellers said. “But this is also just a popular thing that constituents care about in a state where affordability is increasingly a concern.”
Trump
Other states have also gone on the defensive with data centers and are pressing for projects to bring their own power. Arkansas Gov. Sarah Huckabee Sanders and Utah Gov. Spencer Cox, both Republicans,
Florida’s approach, in particular, has the AI industry concerned. Dan Diorio, vice president of state policy for the Data Center Coalition, said the state is “very much markedly different in terms of its approach” and warned the governor wants to make it “nearly impossible to build a data center in Florida.”
The Trump administration “is very much focused on finding proactive collaborative solutions to address these concerns, while also keeping the US the leader in growth,” Diorio said. “Unfortunately, Governor DeSantis is moving in the opposite direction.”
Others in the energy sector also questioned the governor’s stance.
“I’ve talked to some utility company executives in Florida who privately said to me that they don’t fully understand DeSantis’ stringent opposition, because it seems to be out of character with his pro-business, less-government control mindset,” said Stephen Humes, a partner at Pillsbury Winthrop Shaw Pittman LLP who advises clients on energy infrastructure and data center projects.
Stalled in the Legislature
The state Senate and House backed bills that would retain local governments’ authority to regulate large-load users and require projects cover their own utility costs—a priority for DeSantis amid concerns about strain on Florida’s power grid and water supply.
“We have a lot of natural beauty in our state that is, at this point, untrammeled, and there’s always criticism of development, especially on wetlands,” Gellers said. “I don’t want to say that this was entirely—or even a significant portion of DeSantis’ thinking—was driven by environmental concerns, but it sure doesn’t hurt to be seen as on the side of protecting our natural landscape at the same time that you’re keeping costs low.”
Yet a final deal has been elusive. State senators on the final day of the session cut a provision to bar government agencies and data center developers from entering into nondisclosure agreements.
House Speaker Daniel Perez (R) and other Republicans signaled they prefer a federal approach to regulating artificial intelligence, reflecting broader hesitation to move ahead with state-specific rules.
Perez’s office didn’t respond to a request for comment, but he told reporters last month that the Florida House’s position is “the federal government should take care of AI.”
The Trump administration is urging Congress to set nationwide rules governing AI, streamline permitting for data center development, and encourage companies to supply their own power for large projects to avoid straining local grids. The framework also emphasizes reducing regulatory barriers to accelerate infrastructure buildout while maintaining US competitiveness.
State Sen. Tom Leek (R), who sponsored the “AI Bill of Rights” (S.B. 482), said states should play a central role in determining where data centers are built.
“The issue with data centers is where they’re going to be located, and because location is a very state specific thing, I do think the states need to have a significant voice in where data centers are located,” he said.
He said other aspects of how facilities operate could benefit from a national standard, but warned that, without careful planning, rapid development could strain power grids and drive up electricity costs.
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