*LICENSE: CC0 1.0 Universal (Public Domain Dedication). To the extent possible under law, Timothy Smith has waived all copyright and related or neighboring rights to this document.* --- **FLORIDA MODEL INSTRUMENTS FOR DATA CENTER DEVELOPMENT** # Drafter's Notes *Prepared by Timothy Smith · Citizen-prepared working draft · Not legal advice.* **Known gaps.** No county has adopted the instruments these notes explain, and no licensed attorney has reviewed them. None of the local studies their figures need has been done. These notes are keyed to the section numbers of the model instruments. For each instrument they list the blanks and choices an adopter completes, what sets each one, and the statute that requires the provision where one does. They are not part of any instrument and add no requirement. Each instrument also opens with a heading block, and most carry short drafting notes at the clauses they concern; both are removed before a draft prepared from the instrument is first made public. **How to read the tables.** - "Basis to be recorded by the County" means no basis is stated for the figure. The County builds its own record before the hearing. - The figures shown in brackets are placeholders. None is a recommendation, and none should be carried into an instrument without a basis of its own. A figure marked [insert] has no default. - The last column names the statute that requires the provision or fixes the figure. Otherwise it says who decides: "County choice" or "Parties' negotiation." "Study figure" means the figure comes from the study the instrument names (the impact fee Technical Study, or Exhibit "B-1" and the Impact Findings), and the Board sets it on the record within the range the study supports. - Names, dates, ordinance and recording numbers, and other fill-ins that only record facts are not listed. - "Std." means Exhibit A, Data Center Standards. "B-" means a section of Exhibit B, the Data Center Technical Manual. **Case names.** Court decisions whose captions name a private individual or an official are cited by court, year and subject, with the reporter or docket citation where one is given; a caption naming an entity on one side may be cited by the entity's name alone, as the 1988 PW Ventures decision is. Six U.S. Supreme Court decisions keep their usual names, because the tests they set are known by those names: 483 U.S. 825 (1987); 512 U.S. 374 (1994); 570 U.S. 595 (2013); 601 U.S. 267 (2024); 430 U.S. 705 (1977); and 576 U.S. 155 (2015). --- ## 1. Model Data Center Standards Ordinance, Exhibit B and Module M1 The adopting ordinance adds Exhibit A, Data Center Standards, to the land development code as a chapter, adds a data center entry in three tiers to the use table, and adopts Exhibit B, the Technical Manual, by reference. Exhibit A classifies data centers by size and sets the standards a Tier 3 data center (a Covered Facility) must meet; Exhibit B holds the submittal contents, test methods and report formats. Module M1 is optional: it adds Sec. 15A, a conditional use review for Tier 2 and Tier 3 data centers, for a county that does not rely on its existing special exception or conditional use procedure. **Cautions.** - Section 28 of Chapter 2025-190, Laws of Florida, bars every Florida county (each is listed in DR-4806, DR-4828 or DR-4834; confirm the County's listing) from proposing or adopting a more restrictive or burdensome land development regulation, or review procedure, before 1 October 2027, and s. 252.422, Florida Statutes, imposes the same bar for one year after a hurricane makes landfall, in each county listed in a federal disaster declaration that lies at least partly within 100 miles of its track. Measure the 100 miles from the nearest part of the county to the track while the storm was a hurricane. Whether an emergency declaration counts under s. 252.422(1) is open; the cautious reading is that it does. Get the County Attorney's written determination before any notice (Recital 7; kit Part E). - Post the business impact estimate on the County's website no later than the date notice is published (s. 125.66(3)). The adopting ordinance changes a use list, so it takes two advertised hearings under s. 125.66(5)(b), after referral to the local planning agency under s. 163.3194(2). - Commission the acoustic, hydrogeologic and cost studies that support the bracketed figures before the hearing. The water use limit, the fuel storage cap and the per-megawatt assurance amount are marked [insert] or left blank and have no default. - Keep the adoption under Part II of Chapter 163, as Section 2 provides; the exemptions in ss. 57.112(6) and 125.675(5)(g)1., Florida Statutes, cover ordinances adopted under that part, but they turn on substance: a challenger is most likely to call Sec. 12(d), the out-of-County disposal covenant in Sec. 13(a), and the Sec. 17 operational rules something other than land development regulation. Neither exemption reaches fees or a claim under Section 28(3) of Chapter 2025-190, s. 252.422(4), s. 70.001 or s. 70.45. **Adopting ordinance** | Section | Blank or choice | What sets it | Statute or choice | |---|---|---|---| | Title; Sections 2, 3, 8 | Chapter or article; districts; whether Tier 3 is a special exception or a conditional use; use table or district regulations. Tier 1 and Tier 2 cells keep the status the code now gives the use | The County's code structure and existing procedure | County choice | | Title; Section 4 | Whether to keep the Sec. 15A phrase and insert the Module M1 enactment clause | Whether the County adopts Module M1 | County choice | | Recital 5 | Body the ordinance was referred to, and review date | The County's local planning agency or land development regulation commission, or both | s. 163.3194(2); s. 163.3174 | | Recital 6 | Date the business impact estimate was posted | On or before the date notice is published | s. 125.66(3) | | Recital 7 | Whether to keep the bracketed recital | County Attorney's written determination, made before notice is first given, covering proposal as well as adoption. Section 28 reaches every county until 1 October 2027, so keep the recital for an ordinance proposed or adopted before then, and wherever s. 252.422 applies (Open Legal Questions, Q3) | Ch. 2025-190, s. 28, Laws of Fla.; s. 252.422 | | Recital 8 | Notice and hearings | Two advertised hearings, because the use list changes | s. 125.66(2), (5)(b) | | Sections 5, 9 | Date of Exhibit B and where copies are kept; any later effective date | County choice; otherwise effective on filing with the Department of State | s. 125.66(2)(b) | **Exhibit A, Data Center Standards** | Section | Blank or choice | What sets it | Statute or choice | |---|---|---|---| | Sec. 1(b) | Days after the effective date before Secs. 13, 17 and 18 reach every Covered Facility [180] | Basis to be recorded by the County | County choice | | Sec. 1(f); Sec. 15(b) | Application, inspection and administration fees; escrow amount; coordinated review rates; escrow replenishment notice [30 days] and refund periods | Resolution, limited to the County's cost of review and monitoring | s. 125.022(6) (from 1 January 2027); s. 125.022(2)(b)4. for extensions | | Sec. 15(f); adopting ordinance Section 4A | Study deposit amount; replenishment notice [30 days]; refund period; any longer period agreed under Section 4A(b); the cap on a pause extension under Section 4A(d) | Resolution, limited to the County's reasonable cost of preparing the findings and published, with its cost basis, on the fee schedule (s. 125.022(6), from 1 January 2027). The County selects and directs the preparer under its procurement code and, where the work includes professional services, s. 287.055; procure a continuing contract (s. 287.055(2)(g)1.b., up to $500,000 for each study) before the first request, or each request waits on a procurement. Section 4A meets the s. 125.022(2) periods whether or not a request is an application for a development permit, takes final action on a request only after the final decision on the application or its withdrawal (a denial without prejudice where the period, as extended, would end first), and keeps the findings out of the decision on the application (Section 4A(e); Kit Part A, Section 7) | s. 163.3223 (procedures and requirements set by ordinance); s. 125.022(2), (6); s. 287.055 | | Sec. 15(g) | Option A or Option B for later site plans; under Option A, the body that approves them | County choice. A later site plan is any site plan filed after the decision on the special exception, the first one included. Option B suits a county whose code already approves site plans at staff level and gives later site plans the speed of the s. 125.022(1) program in a county of 75,000 or more: notice of completeness within 5 business days, final action within 45 days, and a deemed approval after the applicant's written notice and 10 more days; the County may not review again the plans a qualified contractor precertified. In a county whose own program existed on or before 1 July 2026 and makes available the same or substantially similar development preapplication consulting services, s. 125.022(1) may not be construed to affect that program, so these periods probably do not apply to a site plan filed through it (s. 125.022(1)(a); Open Legal Questions, Q5). Option A keeps later site plans under s. 125.022(2) by sending them to an appointed board or the Board. Where the code now approves site plans at staff level, Option A adds a procedure, which the County Attorney weighs in the Section 28 determination (Open Legal Questions, Q3), and a later Phase under an Agreement then relies on conformity review for its site plan only if that site plan is decided at the Agreement's hearings (Agreement Section 3.2(c); Exhibit "J," Part J-1; Open Legal Questions, Q13). In a county subject to s. 380.0552, which s. 163.3169(1)(i) excludes from "local government," Option B likely does not bring later site plans within the s. 125.022(1) program, which reaches only "permits as defined in s. 163.3169" (s. 125.022(1)(a)1.), and so only a site plan "expressly designated by the local government" (s. 163.3169(1)(j), (q)). Under either option a later site plan then stays under s. 125.022(2), whose paragraph (b) periods do not apply in the area of critical state concern that s. 380.0552 designates. Whether a site plan can be designated is the County's choice, but only one that does not materially increase density, intensity, traffic, infrastructure demand, environmental impacts or significant offsite impacts qualifies (s. 163.3169(1)(q)). Under either option the acoustic update is filed before new equipment begins operating (Sec. 9(e)), so a deemed approval does not skip it (Open Legal Questions, Q5; Counsel 5.2) | County choice; ss. 125.022(1), 163.3169(1)(q) | | Sec. 1(j); each "([edition])" in Exhibits A and B | Edition of each named standard | The edition in effect on the effective date; a later edition only by ordinance. Confirm each before the hearing, including the method label in ANSI/ASA S12.18 | County choice | | Sec. 2, "Common control" | Ownership percentage [25%] | Board decision on the local record. Section 366.043(2)(a) uses the same 25 percent figure to presume control for its foreign entity rule; it does not aggregate load across locations (s. 366.043(2)(d), (4)), so the figure needs its own basis. Capital is counted because in a partnership or limited liability company the capital and profits interests can differ, and federal tax law counts either (26 U.S.C. 707(b)(1)) | County choice | | Sec. 2, "Development Unit" | Look-back period [36 months]; radius [one mile] | Radius: the distance across which shared substation, fiber and water service is practical at the County's settlement pattern, shown in a planning department report before the hearing and found by the Board in adopting ordinance Section 1, which states the same figure. Look-back: basis to be recorded by the County | County choice | | Sec. 2, "End user" | Share of projected Connected Compute Load [__] percent | Basis to be recorded by the County | County choice | | Sec. 3(a), (d) | Tier 3 thresholds [50 MW], [40 MW], [50 MW]; Tier 2 threshold [5 MW]; aggregation window [36 months] | Basis to be recorded by the County. Criterion (D) of Sec. 3(a)(1) applies the statutory definition as written | County choice; s. 373.203(4) | | Sec. 4(c)(3) | Who denies an application when the applicant neither files the end-user identity nor extends the time | The County Administrator in the model; name the Board where the code reserves denials to it | County choice | | Secs. 5, 6 | Setback reduction; the Sec. 5(a) setback for a substation an electric utility owns; undergrounding voltage; facade; berm, lighting and construction hours | Basis to be recorded by the County. Where the code already has an equivalent heavy industrial standard for Sec. 5(d) to (g), conform rather than duplicate; a district standard looser than Sec. 5(d), (e), (f) or (g) is not an equivalent heavy industrial standard. Section 163.3208 limits the setback for a utility-owned substation to a reasonable one. The s. 163.3208(4) figure is a fallback for a county without its own standards, not a ceiling, but a larger figure needs a record of its own on compatibility with the adjacent and surrounding uses, not on need, load, service quality or electrical safety (Open Legal Questions, Q7; Counsel 7.1). Choose the measuring points in the Sec. 5(a) bracket: the first matches the s. 163.3208(4)(b) default, which runs from the substation property boundary to permanent equipment structures; the second matches the rest of Sec. 5(a). The first is measured inside the substation's own parcel, so it protects a neighbor only where that parcel adjoins the neighbor's land, and it runs on every side of the substation, including a right-of-way | County choice; s. 163.3208 for a utility-owned substation | | Sec. 5(a) | Setback from residentially or agriculturally designated property lines and Sensitive Receptors [500 ft] for a Covered Facility and [300 ft] for a Tier 2 data center; from a right-of-way [200 ft] | 500 ft for a Covered Facility follows the data center codes adopted since 2025 (Henrico County VA and Frederick County MD, 500 ft; Joplin MO, 600 ft); 300 ft for a Tier 2 data center follows Lower Saucon Township PA (2026) and Fairfax County VA's 2024 setback for ground-level cooling and power equipment. Record the County's acoustic and viewshed basis for both. 200 ft from a right-of-way follows the newer model ordinances (Tri-County Regional Planning Commission PA; the Dodge County GA draft). The setback from homes is measured to the residential property line wherever it lies, including across a road | County choice | | Sec. 5(d) | Site area for a Covered Facility [25 acres] | 25 acres follows Coweta County GA (2025) (confirm against the adopted text); where campuses will exceed 100 MW, confirm it against a test-fit of the County's expected layouts. A Tier 2 data center takes its district's lot minimum; the setback, coverage and stormwater rules do the protective work | County choice | | Sec. 5(e) | Impervious coverage [60%]; [70%] with equivalent recharge | Applied countywide, 60 percent needs a recharge, karst or flood storage basis in the County's record; applied only in the recharge, springshed or karst areas the County designates, with the district's impervious surface ratio elsewhere, it needs that basis only for those areas | County choice | | Sec. 5(f) | Height, including rooftop equipment [75 ft] | 75 ft follows the executed data center caps (Henry County VA; Culpeper County VA's technology zone); counting rooftop equipment follows Lower Saucon Township PA and Moore Township PA. Under an Agreement, set the absolute height of its Section 2.3(b), note (1), no higher than this figure | County choice | | Sec. 7(a), first paragraph | Whether to add a rule requiring closed-loop or dry cooling | Not in the model. "Closed-loop" has no fixed meaning in data center ordinances: Henry County VA (2026) permits only closed-loop systems, without defining the term, and bars evaporative cooling and cooling towers, while Mifflin County PA's Ordinance 2 of 2026 defines a closed-loop system as one that releases heat "through a heat exchanger or cooling tower" (definition as in the final text posted before adoption; confirm). A county that copies the label without a definition requires either nothing or dry cooling. A rule naming a type of cooling equipment likely governs the design of a building's mechanical systems, which the Florida Building Code covers (s. 553.73(1)(a), (2)); the Code's exclusion of zoning and land use requirements reaches only those that do not govern design or construction (s. 553.73(13)). A county may add to the Code only by a local technical amendment, adopted after a public hearing on findings that local conditions create a need for it and that it is no more stringent than necessary to meet that need, and not discriminating against "materials, products, or construction techniques of demonstrated capabilities" (s. 553.73(4)(b)1., 2.). Where a county adopts a zoning provision outside that process, any substantially affected person, including an owner or builder subject to the provision, may petition the Florida Building Commission for a nonbinding advisory opinion on whether it is a technical amendment (s. 553.73(4)(l)). Sec. 7(a) regulates the water instead: no groundwater for heat rejection, no potable makeup where reclaimed water is available, drought curtailment, separate metering and reported Water Usage Effectiveness (Secs. 7(a)(1) to (3), 7(d), 7(f)). A county that adds a closed-loop or dry cooling rule must also revise the sentence of Sec. 7(a) that bars the County from prescribing a cooling technology and, where it adopts the rule as a technical amendment, Sec. 1(e)(2). Dry heat rejection uses little or no water for heat rejection, but it generally draws more power, most on the hottest days, and needs more fan equipment, whose sound Sec. 9 limits; the comparison under Technical Manual Sec. B-7.2 states the projected water use, power and sound of at least two architectures the applicant chooses. A county that wants dry cooling may require it as landowner in a ground lease (Exhibit "S," Section S-7.3; Lease Section 6.2(a)(2)), or attach the same covenant to a development agreement where Exhibit "B-1" shows a water impact the Standards leave unanswered at the site and the covenant is sized to it (Agreement Sections 3.7, 10.5; Exhibit "B-1" Outline, B-1.9). Before adding such a rule to the Standards, get the County Attorney's advice on s. 553.73 and on the post-hurricane limits (Chapter 2025-190, s. 28; s. 252.422); before attaching Section S-7.3 to a development agreement, get that advice on s. 553.73. The optional sentence of Sec. 7(a)(2) on evaporative cooling reaches much of the same result as a limit on potable water rather than on equipment, so the technology-neutral sentence of Sec. 7(a) stays (see the Sec. 7(a)(1), (2) row) | County choice; s. 553.73(4)(b), (l), (13) | | Sec. 7(a)(1), (2) | Whether to keep the reuse bracket in Sec. 7(a)(2); whether to adopt its optional sentence on evaporative cooling and its connection sentence | Keep the reuse bracket where the County has a local reuse program under s. 403.064; otherwise delete it and begin the paragraph "No potable water." A local government "shall require a developer, as a condition for obtaining a development order, to comply with the local reuse program" (s. 403.064(13)); "Nothing in this chapter shall be construed to prohibit or preempt such local reuse programs" (s. 403.064(9)), which speaks of chapter 403 only; and "A water management district may not require a permit for the use of reclaimed water" (s. 373.250(3)(b)). Without a reuse program the rule rests on s. 125.01(1)(k)1. alone. The optional sentence on evaporative cooling keeps potable water out of evaporative or adiabatic heat rejection even where reclaimed water is not available; it does not reach the fill or top-up of a closed loop, or water other than potable water, such as harvested stormwater, a surface water withdrawal under Sec. 8, or groundwater, which Sec. 7(a)(1) governs. It limits water, not equipment, so the technology-neutral sentence of Sec. 7(a) stays. It rests on s. 125.01(1)(k)1. alone and stands where a cap on utility water stands: Open (Open Legal Questions, Q52(g)). Before adopting it, get the County Attorney's advice on ss. 373.217, 373.223(2) and 553.73, and build the local record: the utility's permitted capacity, the regional water supply plan, and any minimum flow or level and recovery strategy for the aquifer. Where the County supplies the water, its utility's service terms may be a further route (not researched). Use the connection sentence only where the reuse program requires connection. It asks the Covered Facility to connect on its own site, at its own cost, when the lines reach its boundary, requires no extension of lines, and asks for no payment beyond the utility's charges of general application (Sec. 1(f)). Following the program's terms does not take it outside s. 70.45, but it asks for nothing beyond the facility's own site and its own cooling water. Where it would replace groundwater the facility or a third party withdraws under a district permit, rather than potable water, it is Open, leaning yes (confirm) (Q52(d)). Where the County runs the reuse utility, Sec. 1(f) keeps that utility's rates and charges of general application outside the Chapter's bar on payments to the County. For a county that has already adopted the Standards, adding either sentence may be a more restrictive amendment that Section 28 of Chapter 2025-190 and s. 252.422 reach, so get the County Attorney's written determination first (Open Legal Questions, Q3; Kit Part E). The bracket on emergency potable backup keeps it to times when the primary heat rejection equipment or the reclaimed water supply is out of service, so that routine adiabatic assist on hot days is not treated as backup. Adding the bracket to Standards already adopted needs the same written determination. The last sentence of Sec. 7(a)(2) keeps the fill and top-up of a closed circuit outside the whole paragraph, because a closed loop takes treated water that reclaimed water may not match; the plan policy in Kit Part G does the same. Sec. 7(a)(1) reaches groundwater withdrawn by or for the facility and leaves potable water from a public water system to Sec. 7(a)(2), as Exhibit "S," Section S-7.1 does. It is Mostly yes for groundwater a large-scale data center itself applies to withdraw (s. 373.262(2)), and Open, leaning no for groundwater a third party withdraws for the facility (s. 373.223(2)) and for a Covered Facility outside s. 373.203(4) (Open Legal Questions, Q52(d); Counsel 52.2). So it carries a chapter 373 fallback on the pattern of Secs. 8(e)(4) and 10(e): it is lifted only for a facility or withdrawal as to which a court holds, or the Board determines on the County Attorney's written advice, that chapter 373 prevents its application, and nothing takes its place. Stating both rules in the comprehensive plan as well brings a large-scale data center's own application within s. 373.262(2) (Kit Part G). Kit Part A, Section 6 records the reclaimed water facts the County sends the district and the water supply consultation s. 163.3180(2) requires before a building permit | County choice; ss. 403.064(9), (13), 373.250(3)(b), 125.01(1)(k)1. | | Sec. 7(a)(3) | Whether to adopt a Water Usage Effectiveness limit, and the limit [insert] | Optional. Where no limit is adopted, the operator reports annualized Water Usage Effectiveness each year. A limit has no default and needs its own local record; before adopting one, get counsel's advice on ss. 373.217 and 373.262. A cap is Open, leaning no where the facility withdraws its own water, Open on utility water, and Open, leaning yes where the cooling water is reclaimed, because no district permit covers that use (s. 373.250(3)(b)); and s. 373.262(4)(a)2. already requires a water conservation plan in a large-scale data center's application for an average daily flow of 100,000 gallons or more (Open Legal Questions, Q52(g)). Technical Manual Sec. B-7.5 has the operator meter and report the annual information-technology equipment energy and the total facility energy, so the reported Water Usage Effectiveness, the annualized Mechanical Load Component (Sec. 7(d)) and, under a development agreement, the measured annual Power Usage Effectiveness (Agreement Section 3.5(f)) can each be checked. The figures are published with the annual report under Sec. 17(a) unless a statute exempts them (Open Legal Questions, Q18(d)). Check that the information-technology energy is less than the total facility energy: a review of Germany's data centre register by the German Environment Agency found that 12 percent of reports stated an IT load at or above the total load | County choice | | Sec. 7(e) | Whether to add a requirement for a capped and valved isolation and connection point on the process side of the heat rejection plant | Not in the model. A required valved connection of a stated size on a cooling loop very likely governs the design and construction of a mechanical system, which the Florida Building Code covers (s. 553.73(1)(a), (2)); the Code's exclusion of zoning and land use requirements reaches only those that do not govern design or construction (s. 553.73(13)), and Sec. 1(e)(2) says that nothing in the Standards amends the Code. A county may add the requirement only by a local technical amendment, adopted on evidence of a local need, no more stringent than necessary and introducing no subject the Code does not address (s. 553.73(4)(b); whether the Florida Building Code, Mechanical, already addresses process-side isolation: confirm), which lapses at each new edition of the Code unless the Florida Building Commission adopts it (s. 553.73(4)(e)), and, as a more restrictive land development regulation, only after the post-hurricane check (Chapter 2025-190, s. 28; s. 252.422). Sec. 7(e) keeps the reserved servicing area, and the application and each annual compliance report state the plant's process-side arrangements (Technical Manual Sec. B-7.7). The reserved area is closer to a site layout rule, but equipment service clearances are also a Code subject (confirm against the Florida Building Code, Mechanical), so get the County Attorney's advice on s. 553.73 before adopting it. A county that wants a capped and valved point at the plant may take the thermal interface point of Exhibit "S," Section S-23.2(a)(2), which serves future heat recovery and is sized to a share of design heat rejection, as landowner in a ground lease, or under a development agreement where Exhibit "B-1" supports it (see the S-10.1(c); S-23.2(a) row); before attaching it to a development agreement, get the County Attorney's advice on s. 553.73 | County choice; s. 553.73(2), (4)(b), (13) | | Sec. 8 | Days before the withdrawal begins by which to repeat the baseline testing offer [60], and days after the acceptance or, if later, the well's availability to complete an accepted test [30] (Sec. 8(d)); days before the later of the withdrawal's start and the latest start date a repeated offer states by which an acceptance must be made for the presumption [30] (Secs. 8(d), 8(e)(2), the same number in all three places); days to give the fallback notice [30] (Sec. 8(e)(4)); whether to adopt the bracketed alternative to Sec. 8(e)(2), under which the [30] for an acceptance in Secs. 8(d) and 8(e)(2) falls away | Basis to be recorded by the County. Read Open Legal Questions, Q52, before adopting Sec. 8. The studies, monitoring and baseline testing of Sec. 8(b) to (d) are Mostly yes. The claims process is the most exposed part: as first drafted it was Open, leaning no in the ordinance, with the burden shift its weakest sentence. Release 2026.4 defines the impact in terms drawn from the districts' rules, keeps the presumption only for a well whose baseline testing under Sec. 8(d) was accepted at least [30] days before the later of the withdrawal's start and the latest start date a repeated offer stated, and either was completed before the withdrawal began or was not completed before it began for a reason other than a failure of the well's owner at the time to make the well available for testing on reasonable notice (an owner to whom the applicant did not repeat the offer as Sec. 8(d) requires, in writing, in time and with the expected start date and the window, counts as having accepted on the last day for the repeat), treats a withdrawal that an application would increase as beginning, for Sec. 8(d) and (e), when the increase begins, lets the applicant rebut it by proof of another cause, and adds the Sec. 8(e)(4) fallback: if a court holds, or the Board determines on the County Attorney's written advice, that chapter 373 prevents the presumption, every claim needs proof of attribution, and if it prevents the process, the applicant's notice of the mitigation conditions of its permit and the mitigation requirements of the district's rules takes its place (Counsel 52.1). The notice covers a condition framed as revocation unless the permittee mitigates and one that speaks of interference, as the St. Johns River, South Florida and Suwannee River conditions do, and a duty to mitigate harm that a district states in its rules rather than in the permit, as the Northwest Florida handbook does (Sec. 3.7). A county may adopt the bracketed alternative to Sec. 8(e)(2) instead of the presumption: attribution where the withdrawal caused the impact in whole or in part, the test the Suwannee River district's handbook uses and South Florida used in its 2010 Basis of Review and a 2011 permit, with the remedy scaled to the withdrawal's part in the impact, because s. 70.45(4) asks whether an exaction is roughly proportionate to the impacts of the proposed use. No district rule read presumes attribution from baseline testing, so the alternative carries less preemption risk and more proof for the owner. Sec. 8(d) does not condition when a withdrawal may begin. Keep the Sec. 8(d) [60] longer than the Sec. 8(e)(2) [30], and the Sec. 8(e)(2) [30] not shorter than the Sec. 8(d) [30] for completing a test: otherwise a deemed acceptance comes too late to count, or an applicant that completes an accepted test within the time Sec. 8(d) allows may still face the presumption. The same holds, whatever the settings, for an applicant that begins the withdrawal before the date its repeated offer stated. The rate, timing and curtailment of a withdrawal are the district's (Secs. 8(f)(3), 8(g), 18(c)); the County sends its karst and cumulative findings to the district (Secs. 8(f)(4), 15(c)(3)) and may appear at its hearing on a large-scale data center (Kit Part A, Section 6). The passby floor binds only as Exhibit "S," Section S-8.2 | County choice; ss. 373.217, 373.262(4)(b) | | Sec. 9(a), (b) | Night limits [45 dBA] and [60 dBC] and their hours; day limits [55 dBA] and [65 dBC]; interval [ten-minute Leq]; tonal penalty [5 dB] | The County's acoustic record; basis to be recorded by the County. 60 dBC at night follows West Vincent Township PA's data center ordinance and Lee County FL. Before adoption, confirm it against C-weighted night levels measured for the County's record at representative receptors; the measured levels may support a lower figure, such as 55 dBC where nights are quiet, or a higher one where they are louder; levels an applicant measures later do not change the limit (Sec. 9(e)) | County choice | | Secs. 2, 3(d), 5(h), 9(c), (e), 12(a), (b)(2), 19(b), (c); Technical Manual Sec. B-9.4(d) | Homes that come after a facility: which of the two bracketed sentences of Sec. 5(h) to keep; the Sound Contour's margin [5 dB]; the map that shows the contour | Setbacks, the facade rule, the berm, and the battery and fuel separations run from what exists when the first site plan showing each improvement is approved, so a later home does not undo an approved improvement; a property line the owner or operator, or a person under common control with either, later creates by dividing land within the Development Unit, other than for a public road, counts whenever it is made, and a stretch of perimeter that faces no approved improvement is screened wherever a home or other Sensitive Receptor comes to face it. The sound, light trespass and construction hour limits protect every home whenever it comes. For a facility established before this Chapter took effect, Sec. 19(b) measures a replacement battery system as of the site plan or permit that authorizes its replacement, and a determination under Sec. 19(c) measures the older improvements as of the Chapter's effective date. At a facility approved under this Chapter, a battery system that is replaced, but not enlarged or moved closer to a property line, residential structure or Sensitive Receptor, keeps the date of the first site plan that showed the system it replaces. Until s. 125.01055(7), Florida Statutes, expires on 1 October 2033, unless extended, a county must allow qualifying affordable multifamily housing in areas zoned for commercial, industrial or mixed use, so homes can come after a facility. The Sound Contour, the mapped area outside the site where the facility's predicted night sound comes within [5 dB] of a night limit or exceeds it, shows their builders where the facility will be heard close to the limits. Margin and scale: basis to be recorded by the County. Keep one of the two bracketed sentences of Sec. 5(h), using the County's own name for a conceptual plan: the first where each phase shown on a conceptual site plan approved with the special exception or conditional use should be measured from that approval, the second where each phase should be measured when its own site plan is approved. A county may also add to its rules for multifamily development, applying in every district: a setback of homes from a battery or fuel tank, installed or shown on an approved site plan, equal to the separations of Sec. 12(a) and (b)(2); a requirement that an application for homes inside a Sound Contour show how the layout addresses the facility's sound, such as where outdoor living areas and bedroom windows face; an interior sound level or a noise level reduction for such homes, as some Florida zoning codes require in airport noise zones (confirm), though whether a county may require one is unsettled; and a notice of the Sound Contour that the builder records at approval and gives to buyers and tenants. Confirm with counsel that each counts among the land development regulations a qualifying development must meet (s. 125.01055(7)(e)1.); paragraph (e)3. lets a county require architectural design rules on parcels with listed historic structures, which could be read to bar them elsewhere. Each is a more restrictive land development regulation: until 1 October 2027, Section 28 of Chapter 2025-190, Laws of Florida, bars every Florida county listed in the 2024 hurricane declarations from proposing or adopting one (confirm the County's listing), and s. 252.422, Florida Statutes, does the same for one year after a hurricane; get the County Attorney's written determination first. A setback that keeps new homes or other receptors away from an existing battery or fuel tank also restricts the use of land near the facility and may draw a claim under s. 70.001, Florida Statutes (confirm). The County may add the same battery and fuel setback to its rules for single-family homes and for the other uses named in the definition of Sensitive Receptor, applying it to small community residential homes and family child care homes as it applies to other homes (ss. 419.001(2) and 125.0109, Florida Statutes); confirm with counsel the limits on local siting rules for public and charter schools and for places of worship (42 U.S.C. 2000cc). It is subject to the same limits. The model does not include sound-rated construction: a local amendment stricter than the Florida Building Code "may not introduce a new subject not addressed in the Florida Building Code" (s. 553.73(4)(b)3.), and the Code has addressed airport noise but not, as far as found, other outdoor sources (confirm with counsel). | County choice | | Sec. 10(a), (b) | Generator testing hours and days; units tested together | The County's noise study. Section 366.032(2) may bar these limits for gas and propane units, and perhaps for diesel units (Open Legal Questions, Q6; Counsel 6.1). If a court holds, or the Board determines on the County Attorney's written advice, that it bars them for any unit, Sec. 10(e) lifts subsections (a) and (b) for every unit. Hours in subsection (a) that fit a continuous run of 4 hours let the longest periodic test run within them, so Sec. 10(d) stays the exception; shorter hours narrow the time in which routine testing may run, and that test then runs only under Sec. 10(d). The Minnesota Department of Health's summary of the 2010 edition describes the longest periodic test NFPA 110 requires: the test of a Level 1 system at least once every 36 months, run continuously for the system's assigned class but not more than 4 hours (Sec. 8.4.9; confirm against the 2019 text) | County choice | | Sec. 11(c) | Edition of the Applicant's Handbook, Volume I; design storm for the no-net-increase test [__-year, __-hour] | The Outstanding Florida Waters tier of Section 8.3 is stricter than the ordinary tier, as s. 373.4131(2)(b)3. allows a county to require; a redevelopment site meets the Section 8.3.5(b) standard for such a project. Set the design storm from the County's basin record (study-dependent; reference values: the 100-year storm in Southwest Florida's closed basins, the 25-year, 96-hour storm in Northwest Florida's). The same storm sets the Technical Manual Sec. B-5.1 recharge comparison for Secs. 5(e) and 8(f)(2)(B) | County choice; Part IV, ch. 373; s. 373.4131(2)(b)3. | | Sec. 11(e) | Freeboard [2 ft]; the County's reference elevation | Confirm against the County's floodplain ordinance and Community Rating System class; basis to be recorded by the County | County choice | | Secs. 2, 11A | Age of material remains in the definition of "Archaeological site" [50 years]; distance around each area to be disturbed for the records review [__ ft] and for the field survey trigger [__ ft]; buffer around a burial ground or cemetery [__ ft] and the reduced buffer the County Administrator grants where the archaeologist certifies that the survey states the limits with high confidence [__ ft]; set the field survey distance no greater than the records review distance; business days to tell the County of a discovery [1] | Basis to be recorded by the County. Sec. 2 cites the definition in s. 497.005(13) (2026 text, unchanged since 2023): a place "dedicated to and used or intended to be used for the permanent interment of human remains or cremated remains." Florida law sets no survey duty before grading; s. 872.05 governs what happens on a discovery, and Sec. 11A(d) defers to it rather than restating it. Sec. 11A(e) keeps site locations out of the County's file, because s. 267.135 exempts the location of an archaeological site only while the Division of Historical Resources holds it and finds that disclosure will create a substantial risk of harm, theft or destruction; a location in the County's file is most likely a public record, absent another exemption. The site plan shows a no-disturbance area without its reason, so inspectors can enforce it without the location being disclosed. The rule applies to every applicant on the same terms and follows Chapter 872's policy of equal treatment for all burials. Section 28 and s. 252.422 apply to it as to the rest of the Standards (Recital 7); a county that has already adopted the Standards needs its own written determination before giving notice of an amendment adding Sec. 11A. Sec. 11A reaches Tier 3 only (Sec. 1(c)). Under Sec. 11A(c)(2) a burial ground or cemetery leaves the no-disturbance areas only on the archaeologist's certification that state law has authorized removal or disturbance of the burials. The state's paths differ by kind of burial. In a cemetery licensed under chapter 497, land may be sold, mortgaged, leased or encumbered only with the licensing authority's prior approval, and land sold for use other than as a cemetery must first have its human remains removed (s. 497.270(1), (2)), and each disinterment and reinterment needs a licensed funeral director present, unless the reinterment is in the same cemetery, and written authorization from a legally authorized person or a court (s. 497.384(1), (3)). In a cemetery exempt under s. 497.260(1), including a county or municipal cemetery and a family cemetery of less than 2 acres that sells no burial spaces or burial merchandise, the owner may relocate a grave on a legally authorized person's written authorization or, where none can be found after a reasonable search or 75 years have passed, after four weeks' published notice (s. 872.02(6)); where a legally authorized person refuses or objects, the Board of County Commissioners (or a city council) holds a public hearing and may grant the relocation (s. 872.02(7)). For an unmarked human burial, work resumes only as the district medical examiner or the State Archaeologist authorizes (s. 872.05(4)), and the Division of Historical Resources states that neither has authority to "clear" a proposed project or to move unmarked graves, so avoidance may be the only practical path; where the Division has assumed jurisdiction and protection in place cannot be provided, the State Archaeologist may arrange removal by excavation, at the cost of the party whose work would disturb the burial (Rule 1A-44.005(4), (6), F.A.C.; confirm). That keeps burial locations out of the County's file, except where the Board hears a relocation under s. 872.02(7), and gives an owner the state's path where one exists, which answers much of the takings and s. 70.001 exposure a fixed buffer would carry, though less for a known unmarked burial; the buffer reduction in Sec. 11A(c)(1) answers the rest. A no-disturbance area that shrinks or disappears on a later site plan can hint at where a burial was to a reader who compares plans; that is inherent in showing the areas at all. The County's reviewer under Sec. 15(b) sees only the certification and summary and keeps no copy of location material, which would become a County record; review is correspondingly limited. An unlabeled no-disturbance area can still point to a site for a reader who knows the rule; where the site plan allows, combine it with wetland, karst or screening areas. Some Florida counties already require archaeological surveys, for example St. Johns (Land Development Code Sec. 3.01.04) and Collier (Land Development Code Sec. 2.03.07 E); compare their texts for workability before the hearing | County choice; ss. 872.02, 872.05, 267.135, 497.005, 497.260, 497.270, 497.384, 125.022(4) | | Sec. 12(a) | BESS setbacks [100 ft] from any property line and [300 ft] from a residential structure or Sensitive Receptor | 300 ft follows Michigan's 2023 siting law (Public Act 233), measured here to the receptor's property line rather than the dwelling wall; no Sec. 5(b) reduction lowers it. The 100 ft: basis to be recorded by the County, on a record of compatibility with the adjacent uses rather than of fire spread. NFPA 855, which Rule 69A-73.002, F.A.C., applies to energy storage systems as a uniform firesafety standard, sets separation distances of its own (confirm), and a county may not require more stringent ones (s. 633.206(2)(b), Florida Statutes); a distance from every property line, whatever the neighboring use, is the hardest to explain as compatibility (Open Legal Questions, Q57) | County choice; s. 633.206, Florida Statutes | | Sec. 12(b)(1) | Fuel storage cap [insert]; run time in hours for the finding of necessity | Cap: no default, derived locally. Hours: basis to be recorded by the County | County choice | | Sec. 12(b)(2) | Containment [110%]; setback from a Sensitive Receptor [200 ft] | Florida counts the outer wall of a double-walled tank as secondary containment and sets no capacity for it (Rules 62-762.201, 62-762.501(2)(d)); the 110 percent rule is for dike fields, so the full-capacity requirement for a double-walled tank is the County's own. Freeboard follows 40 C.F.R. 112.8(c)(2). Setback: basis to be recorded by the County | County choice; ch. 62-762, F.A.C. | | Sec. 14(b)(1) | Assurance per installed megawatt $[__] | No default. The County's consulting engineer derives it as the gross cost, with no salvage credit, of decommissioning a reference facility, per megawatt, and re-derives it every five years. The independent engineer's estimate governs when higher | County choice | | Sec. 14(b)(1) | Form of assurance; escrow agreement | The County Attorney approves the escrow agreement. No parent guaranty or self-bond qualifies. A parent guaranty or self-bond is not security. It pays only after suit, and its value depends on the corporate family whose failure triggers it. Federal auditors found self-bonding risky because an operator's financial health is hard to assess and a replacement is hard to obtain once the operator no longer qualifies, and stakeholders told them self-bonds had become riskier with industry bankruptcies (*Coal Mine Reclamation: Federal and State Agencies Face Challenges in Managing Billions in Financial Assurances*, GAO-18-305, 6 March 2018). Utilities accept guaranties for charges they can stop by disconnecting service. Minimum value guaranties are payment terms, not security | County choice | | Sec. 14(b)(3) | Salvage credit, as a share of the gross estimate, above which an appraisal is required | Board choice. A lower percentage requires an appraisal more often | County choice | | Sec. 14(b)(4) | Days after an unfinished obligation, or a well owner claim, was due before the County may draw [60 days]; [30 days]; days after a draw to solicit the work [90 days] and months to begin it [12 months]; days after a draw to restore the assurance [30 days] | Solicitation and start periods: basis to be recorded by the County, from its procurement and permitting times. Restoration period: the time an issuer or surety needs to amend or replace an instrument, the same as Agreement Section 7.2(d). Where an Agreement applies, keep the draw periods equal to the cure periods of its Section 8.1 (60 days; 30 days for a payment), so that both instruments allow the same draw; Section 8.1's extension for a cure diligently pursued has no counterpart here. Under a County ground lease, the draw follows the period of Lease Section 13.3(b) instead (Lease Section 1.2(b); Lease Exhibit "E"). Where neither instrument applies, accept an assurance under Sec. 14(b)(1) only if its drawing terms allow a draw on the same terms, without notice as a condition; Annex L-1 is a model. On a draw after a bankruptcy filing, see the caution in Section 4 | County choice | | Sec. 14(b)(5); Technical Manual Sec. B-8.5 | Claims amount | No model figure. The applicant's hydrogeologic study states it: for each well the study maps within the projected cone of depression, the projected drawdown and whether the study projects that the withdrawal will cause an adverse impact there, and, for each well at which it does, the cost of the remedy of Sec. 8(e)(1) most likely to be needed, totaled. The amount is held until decommissioning is complete and every claim made by then is paid; the low end is the hardest to challenge (s. 70.45(4)); a well drilled in the cone after the study is covered by the claims process but not by the amount until the next study. The County's independent reviewer under Sec. 15(b) may check it. It falls away with the claims process under Sec. 8(e)(4), except for claims already made (Open Legal Questions, Q52) | Study figure | | Sec. 16(c) | Rehearing request period [30 days]; days before the Board meeting | County choice. A timely request is a motion for rehearing the Chapter authorizes, whether or not it identifies evidence, which tolls rendition under Fla. R. App. P. 9.020(h)(1) and, under rule 9.020(h)(2)(A), as to every existing party; a rehearing on the Board's own motion does not postpone rendition. The Board decides each request by a signed, written order filed with the Clerk of the Board, because rendition under rule 9.020(h) runs from that filing (Open Legal Questions, Q2; Counsel 2.1) | County choice | | Sec. 16(e) | Whether to keep the exception for a default under a County development agreement | Keep it where the County uses a development agreement with a default remedy (Agreement Section 8.2(b)). It lets a written denial of an application for the development the agreement governs rest on an uncured default in an obligation that mitigates an impact, after the agreement's notice and cure, and on no other term of any agreement; Sec. 16(b) and (c) still bar any other consideration, including in deciding whether to deny, and otherwise Sec. 16 stays absolute. Kit Part A, Sections 10 to 13, and Part C carry the finding, the certifications and a denial form. For a county that has already adopted the Standards, adding it is a more burdensome amendment, which Section 28 of Chapter 2025-190 most likely reaches until 1 October 2027, and s. 252.422 for a year after a hurricane in the counties it covers (Open Legal Questions, Q3); in the model it is adopted with the Standards and waits for the same date (Kit Part E). Without it, Agreement Section 8.2(b) cannot reach an approval the Standards govern (Sec. 16(b); Agreement Section 10.3(b)) (Open Legal Questions, Q17) | County choice | | Sec. 18(a) | Hours to give access where an unsafe condition is suspected | Set on the County's record. If access is not given, the County may apply for an inspection warrant; refusing an entry no warrant authorizes is not a violation, and entry in an emergency is not limited (Open Legal Questions, Q8) | County choice; ss. 933.20 to 933.30 for a warrant | | Sec. 19(a) | Treatment of facilities already built | The County's generally applicable nonconforming use rules; determine them before adoption | County choice | | Secs. 7(e), 9(d), 9(e), 10(d), 11(b), 12(c), 13(b), 14(a), 14(c), 14(d), 15(c)(1), 17 | The other periods, distances, ratios and qualifications in these sections, including the cumulative assessment triggers [150 MW] and [5 miles] | Basis to be recorded by the County | County choice | **Exhibit B, Technical Manual** | Section | Blank or choice | What sets it | Statute or choice | |---|---|---|---| | B-1.2 | Machine-readable format | County Administrator | County choice | | B-4.1 | Minimum information for a complete application | Fixed in the model; the County makes it available as the statute requires | s. 125.022(2)(a); s. 125.022(1)(b)1. for a site plan filed through the County's program (counties of 75,000 or more whose Sec. 15(g) designates later site plans for administrative review, as Option B does) | | B-4.2, B-4.4(e) | Update and filing periods | Basis to be recorded by the County. B-4.2(b) takes the ownership threshold from the Standards' definition of Common control and the prior-application window from the Sec. 3(d) aggregation period, and the radius is the one in the Development Unit definition; the confidentiality period is set by statute | County choice; s. 288.075(2)(a) | | B-4.3(b) | Business days to notify the applicant of a records request for marked material | County choice; the request is decided under Chapter 119; the notice never delays the response | ch. 119; s. 119.0715; s. 688.002(4) | | B-8.1 to B-8.3 | Study radius [one mile], or the whole projected cone of depression where it reaches farther; step length [100 minutes]; constant-rate test [72 hours]; recovery [24 hours] or [95%]; drawdown contour that bounds the cone of depression [one foot] | The County's hydrogeologic record; basis to be recorded by the County. The contour is study-dependent: record its basis from the aquifer properties, the depth and construction of the wells in the study area and the drawdown at which their pumps would lose water, and confirm the contour and the drought condition the district uses in permitting. Secs. 8(c) to (e) and 15(c)(3)(C) all turn on it, and the Sec. 2 definition of "Projected cone of depression" takes its delineation and drawdown from B-8.3. One mile is a floor for mapping from public records, wider than the 1,000 to 2,500 ft field inventories used elsewhere, because on karst, conduits can carry effects past a modeled cone; testing offers and monitoring follow the projected cone | County choice | | B-9.1, B-9.2 | Interval [ten-minute Leq]; method label [II]; tone thresholds [15 dB] from 25 to 125 Hz, [8 dB] from 160 to 400 Hz and [5 dB] from 500 to 10,000 Hz | The acoustic record. The arithmetic-average form of B-9.2 follows Maine and Lee County FL; the band values follow ANSI S12.9 Part 4, Annex C | County choice | | B-9.3 to B-9.5, B-10.1 | Dashboard delay and aggregation, only on the County's written finding and never for the County's own live feed; retention and outage terms; baseline hours, receptor distance and minimum number of receptors; commissioning test period and notice of each test; notice of an unscheduled test | Basis to be recorded by the County. Set the baseline hours so that each location records at least one full night period of Sec. 9(a), since B-9.4(a) states existing levels for each period. A 24-hour run may split the night in two; with the bracketed night hours and any start hour, one full night takes 33 hours; Exhibit "S," S-9.2 uses 72 hours on consecutive days. Whether the County's live copy of the data is confidential and exempt during a dashboard delay is open (Open Legal Questions, Q18(i); Counsel 18.2 and 18.5) | County choice | | B-11A.1 to B-11A.3 | Edition of the archaeological qualification standard; the earliest plat, survey and imagery to review | The qualification standard is the Secretary of the Interior's Professional Qualifications Standards of 1983 (48 Fed. Reg. 44716 (1983)); 36 C.F.R. Part 61 no longer prints them. The Department of the Interior states that a revision proposed in 1997 was never finalized and that the 1983 standards remain valid until superseded. Rule 1A-46.001, Florida Administrative Code, was last amended effective 15 August 2016. Absent a later revision, these are the editions Secs. B-11A.1(a) and B-11A.2(a) state (Standards Sec. 1(j)). B-11A.3 reaches only a site the archaeologist finds potentially eligible for the National Register, so an isolated find does not require recovery | County choice | **Module M1, Sec. 15A** Adopt Module M1 by its own section of the ordinance (Section 4), separate from the section that adopts Exhibit A, or by a section of a later ordinance; the bracketed words of the enactment clause that call it separate from the section adopting the Standards are kept only in the ordinance that adopts the Standards. Std. Sec. 15(e) governs if Sec. 15A is not adopted or falls. Where the County already reviews the use by special exception or conditional use, decide first whether Sec. 15A replaces, follows or is conformed to that procedure. | Section | Blank or choice | What sets it | Statute or choice | |---|---|---|---| | Section 4; Sec. 15A(b)(9) | Exhibit and chapter references; the comprehensive plan | The County's code and adopted plan | County choice; s. 163.3194 | | Sec. 15A(f) | Completeness [30 days]; staff report [60 days] | County choice. The completeness period may not exceed the statutory period | County choice; s. 125.022(2) | | Sec. 15A(g) | Load increase that brings an existing facility under review: lesser of [25%] or [5 MW] | Basis to be recorded by the County | County choice | --- ## 2. County Procedure and Records Kit The kit holds the County's working forms: a staff report for each Tier 3 application (Part A), an insert for Sec. 15A reviews (Part B), a resolution of decision (Part C), the business impact estimate (Part D), the hearing calendar (Part E), a gap check against existing rules (Part F), and a model plan policy on data center water sources (Part G). Staff complete it for each application or ordinance; it adopts nothing by itself. **Cautions.** - Where the kit repeats a bracketed figure from the Standards (the end-user share, the Sec. 15A(f) periods), use the figure the County adopted. - Prepare one business impact estimate column for each part the ordinance adopts by its own section (Part D). - A development agreement is a separate agenda item, noticed and voted on its own after the decision on the application, and is never a criterion for approval (Part A, Section 13; Std. Sec. 16(b)). | Part and section | Blank or choice | What sets it | Statute or choice | |---|---|---|---| | A, Sections 1, 2 | Capacity measures; end-user share; confidentiality dates; capacity acquisitions; option-rights findings | The County's adopted figures, the sworn disclosure and the Development Unit determination | Std. Secs. 3(f), 4(c); s. 212.08(5)(r); s. 373.203(4); s. 288.075 | | A, Section 3 | Review periods and dates | Statute; enter any shorter County period beside it. The site plan program paragraph applies only in a county of 75,000 or more whose Std. Sec. 15(g) designates later site plans for administrative review, as Option B does | s. 125.022(2); s. 125.022(1) for the site plan program; s. 380.0552 | | A, Section 4 | Plan goals, objectives and policies applied | The adopted comprehensive plan | s. 163.3194 | | A, Section 6, tribal and historical notice | Whether to keep the rows for the Division of Historical Resources and for tribes that ask for notice | The model keeps both. Notice to a tribal government that asks for it treats the tribe as a government, as the row for the Division treats the State. That a county may do so is Mostly yes (confirm): the leading case on tribal status as a political classification rests on Congress's trust relationship with the tribes (U.S. Supreme Court, 1974, 417 U.S. 535), but the row gives notice only, so the risk is low. Because each tribe asks for itself, the County never decides which tribes have an interest. A county that prefers a fully neutral form may instead give the same notice to any person or organization that asks in writing. The County requires no proof of federal tribal consultation: Section 106 of the National Historic Preservation Act applies only to a federal undertaking, such as a federal wetland permit, and the County may not make a federal approval a condition of processing or issuing its decision (s. 125.022(4)); the resolution's condition that all other permits be obtained before commencement (Part C, Section 3; s. 125.022(5)) already means any federal consultation ends before construction. Where the Division takes jurisdiction over an unmarked burial and no kinship, tribal, community or ethnic relationship can be established, the State Archaeologist consults, for Native American remains, two Native American members of current state tribes recommended by the Governor's Council on Indian Affairs, Inc. (s. 872.05(6)(c)2.); the Division of Historical Resources' human remains page states that, pursuant to s. 872.05(6)(c), the State Archaeologist consults the Seminole Tribe of Florida and the Miccosukee Tribe of Indians of Florida to determine the final disposition of Native American remains | County choice; s. 125.022(4), (5); 36 C.F.R. 800.2(c)(2)(ii) | | A, Section 6 | District permit status, hearing dates and the County's appearance | The district's file. For a large-scale data center the County may appear at the hearing s. 373.262(4)(b) requires, and on a modification treated as an initial application (s. 373.239(2)), with its karst findings, well inventory and baseline results, and ask for conditions protecting the wells within the cone. It acts for its residents, gives the applicant no assurance, and may not make the district permit a condition of its decision (s. 125.022(4)). Whether it may take part as a party is not settled (confirm) | s. 373.262(4)(b); s. 373.239(2); s. 125.022(4) | | A, Section 7 | Impact summary by category | Exhibit "B-1" or the impact fee technical study. Where none exists, say so | s. 163.31801 for a fee | | A, Section 8 | Notice steps taken; accessible formats | The County's notice provisions | County choice; Americans with Disabilities Act, Title II | | A, Section 9 | Disclosed communications; confidentiality requests and agreements | The County's ex parte procedure and the record | s. 286.0115; s. 288.075 | | A, Sections 10, 11 | Findings, with a Finding 10.3 for each criterion of the County's procedure; numbered conditions tied to findings, with no payment or dedication | Competent substantial evidence in the record | s. 125.022(2)(b) | | A, Section 13 | Development agreement table and hearing dates | Exhibit "B-1" | s. 163.3225 | | B, Insert 3 | Sec. 15A(f) periods | The figures adopted in Sec. 15A(f) | County choice | | C | Deciding body; findings adopted; conditions; denial text, including a denial under Sec. 16(e) or Sec. 18(d) | The staff report and the hearing. Section 3 carries the permit condition s. 125.022(5) requires, that all other applicable state or federal permits be obtained before commencement of the development, and Section 4 the disclaimer; no state or federal permit may be made a condition of processing or issuing the order (s. 125.022(4)) | s. 125.022(2)(e), (4), (5) | | D | Estimate items, posting date and web address | One column for each separately adopted part; no exception in s. 125.66(3)(c) applies | s. 125.66(3)(a), (b) | | E | Procedure and dates for each ordinance and for the hearings on a development agreement; area for mailed notice of those hearings [__ feet] | Use-list changes take two hearings; other amendments and the fee ordinance take regular enactment; a development agreement takes two hearings (Table E-5). The statute does not define the affected owners who receive mailed notice of an agreement; basis to be recorded by the County. Proof of each notice is filed before each hearing opens. Before Sec. 7 or Sec. 8 is enforced, a certified copy is filed with the Department of Environmental Protection (Table E-4) | s. 125.66(2), (4), (5)(b), (8); s. 163.3194(2); s. 163.31801(4)(d); s. 163.3225; s. 373.023(2) | | F | The County's existing rule or study finding for each row | The County records each comparison and the action it chooses. A stricter rule of the County's Land Development Code governs under Section 6 of the adopting ordinance unless the County changes it, and a conflicting rule in another ordinance is repealed to the extent of the conflict; where the County's rule is weaker or silent, the model text governs as the County adopts it, and adopting it there is a more restrictive amendment, which Section 28 of Chapter 2025-190 and s. 252.422 most likely reach (Open Legal Questions, Q3) | County choice | | G | Whether to adopt the policy; the plan element and policy number; whether to keep the reuse bracket; whether to add the optional sentence on evaporative cooling | The County's plan. Adopt it only with Sec. 7(a), by plan amendment under s. 163.3184, and give no notice before 1 October 2027 unless the County Attorney determines in writing that it is not more restrictive or burdensome (Section 28 of Chapter 2025-190; Open Legal Questions, Q3). It brings within s. 373.262(2) only a large-scale data center's own application to withdraw (Q52(d); Counsel 52.2), and its first sentence yields, as Sec. 7(a)(1) does, where chapter 373 prevents its application | s. 163.3184; s. 373.262(2); Ch. 2025-190, s. 28, Laws of Fla. | --- ## 3. Model Data Center Public Safety and Emergency Power Impact Fee Ordinance This ordinance charges each Covered Facility an impact fee under the Florida Impact Fee Act for fire rescue and hazardous materials capital facilities and, where its Technical Study finds need and benefit, for emergency medical services and emergency power at County Emergency Facilities. It is adopted by its own ordinance, separate from the standards, and may be adopted as a division of an existing impact fee chapter. Category C and Sec. 4.2 are the fee half of Module M2. **Cautions.** - The Technical Study comes first. No rate is entered without it, and a category the study does not support stays blank (Sec. 2.4). The County bears the burden of proving the fee by a preponderance of the evidence (s. 163.31801(9)). - Impact fees are land development regulations (s. 163.3202(3)); run the same timing check as for the standards (Chapter 2025-190, s. 28; s. 252.422). - Chapter 2026-161, Laws of Florida, amends s. 163.31801 effective 1 January 2027, and its study rules in subsection (4)(a) apply to fees adopted or increased after 1 July 2026. Confirm the text in force on the adoption date. - Where the County already charges fire or emergency medical impact fees, Sec. 3.4 treats a rate as an increase, subject to Sec. 2.3, to the extent it re-prices Capital Facilities a general rate already funds. That is the cautious reading of s. 163.31801(6); whether the statute requires it is open (Open Legal Questions, Q10; Counsel 10.1). | Section | Blank or choice | What sets it | Statute or choice | |---|---|---|---| | Recitals 2, 3 | Keep each recital only where the Technical Study so finds | The Technical Study | s. 163.31801(4)(f), (g) | | Recital 7 | Date the business impact estimate was posted | On or before the date notice is published | s. 125.66(3) | | Recital 8 | Whether to keep the bracketed timing recital | County Attorney's written determination, made before notice is first given. Section 28 reaches every county until 1 October 2027 and very likely reaches impact fees, so keep the recital for an ordinance proposed or adopted before then, and wherever s. 252.422 applies (Open Legal Questions, Q3) | Ch. 2025-190, s. 28, Laws of Fla.; s. 252.422 | | Sec. 1.2, "County Emergency Facility" | Facilities counted | The Technical Study identifies them; shelters only where it supports them; an emergency operations center is excluded. An emergency communications (911) center is named in neither statutory list (Open Legal Questions, Q9(a)) | s. 163.31801(3); s. 163.3164 | | Sec. 1.4 | Rehearing request period [30 days]; days before the Board meeting | County choice. A timely request is a motion for rehearing the Ordinance authorizes, whether or not it identifies evidence, which tolls rendition under Fla. R. App. P. 9.020(h)(1) and, under rule 9.020(h)(2)(A), as to every existing party; a rehearing on the Board's own motion does not postpone rendition. The Board decides each request by a signed, written order filed with the Clerk of the Board (Open Legal Questions, Q2; Counsel 2.1) | County choice | | Sec. 2.1 | Title, preparer and date of the Technical Study | A plan-based, demonstrated-need study on data not more than four years old, adopted within twelve months after it was initiated, whether or not the ordinance increases a fee | s. 163.31801(4)(a); s. 163.3164 | | Sec. 2.3 | Revalidation interval [4 years] | County choice; increases follow the statutory limits | s. 163.31801(4)(a), (6) | | Sec. 3.1 | Rate per Fee Unit for Categories A, B and C | The range the Technical Study supports. B and C only on a finding under Sec. 2.4 | Study figure; s. 163.31801(4)(a), (f), (g) | | Secs. 3.2, 3.4 | Fee Unit for each category; whether each rate replaces or adds to a general nonresidential rate | The Technical Study. An increment funds only Capital Facilities the general rate's study does not include; otherwise, and for a rate charged in place of the general rate to the extent it exceeds that rate for the same facilities, the rate is an increase subject to Sec. 2.3 | Study figure; s. 163.31801(6) for an increase | | Secs. 4.4(a), 4.8 | Acceptance of a required contribution; award and bond terms for work on public property | None. A contribution the County requires is accepted once it meets the acceptance standards, so acceptance times the credit and does not decide it. The statute requires the credit and says nothing about acceptance; the duty to accept is this Ordinance's own rule, and it works only with the minimum acceptance standards Sec. 4.4(a) states. For required equipment, identify the maintenance and replacement funding before requiring it. Maintenance is not a capital facility (s. 163.31801(3)(b)); the model places developer-paid upkeep only in a development agreement or Module M2, as measured mitigation, and not in a development order condition. A contaminated parcel or a fuel-storing unit that fails the release and tightness check is never accepted. Sec. 4.8 gives work on public land for credit the award and bond terms of Lease Section 4.7A(a) to (c); whether s. 255.20 reaches an applicant's work for credit by its own terms is open (Open Legal Questions, Counsel 11.2) | s. 163.31801(5)(a); ss. 255.20, 255.05 | | Sec. 5.3 | Encumbrance period in years; refund application period in days | Encumbrance: the Technical Study's capital plan. Refund window: basis to be recorded by the County | County choice | | Sec. 6.5 | Appeal body (Board or special magistrate); appeal period [30 days] | County choice | County choice | | Secs. 6.2, 6.6, 6.7 | Collection, burden of proof and overpayment decisions | Fixed by statute | s. 163.31801(4)(e), (9), (15) | | Sec. 7.3 | Effective date | Not less than 90 days after adoption | s. 163.31801(4)(d) | | Division form | Sections of Article VI omitted; division and chapter numbers | County counsel's written confirmation that the existing chapter meets the statute on each omitted subject | s. 163.31801 | --- ## 4. Model Host Community Development Agreement, Exhibit "S," Exhibits and Forms, and Module M2 The Model Host Community Development Agreement is a development agreement under ss. 163.3220 to 163.3243, Florida Statutes, recorded as a declaration of restrictive covenants. It fixes the project's capacity and phases, makes the County's standards (Exhibit "O") and the Schedule of Supplemental Operating Covenants (Exhibit "S") covenants running with the land, and, besides the concurrency terms of Section 2.4 and the County's purchase of spare conduit at cost under Section 4.5, carries only mitigation that Exhibit "B-1" measures. It is optional: a project may be approved under the standards without it (Section 10.2), and the County may not require it or consider it in any decision (Section 10.3; Std. Sec. 16), except that, once it is executed, a written denial may rest on the developer's uncured default in a mitigation obligation under it, after notice and cure (Section 8.2(b); Std. Sec. 16(e)). **Cautions.** - Commission Exhibit "B-1," prepared on the Exhibit "B-1" Outline and Methodology, before any dollar figure or capability is entered. Where Exhibit "B-1" supports no amount, none is due (Section 4.1(c)). - Run the statutory process: any procedures ordinance under s. 163.3223; at least two public hearings with published and mailed notice under s. 163.3225; Exhibits "A" and "J" complete before notice (s. 163.3227(1)); recording within 14 days after execution (s. 163.3239); review every twelve months (s. 163.3235). - Confirm which retail electric provider serves the parcels before any other edit. Where it is a cooperative or municipal utility, Section 5.6 applies in place of the large load tariff route of s. 366.043. - Section 5.5 screens for both foreign entity rules that reach the Project: s. 366.043(7), which bars a public utility from knowingly serving a large load customer that is a foreign entity, and s. 288.860(2)(a), which since 1 July 2026 bars the County itself from "any agreement", words that on their face reach this Agreement, though the section is headed "International cultural agreements" (Open Legal Questions, Q58(a); Counsel 58.1), with a foreign country of concern, a subdivision of one or an entity a foreign country of concern controls. - When the County adopts a later standard, rate or fee that Section 10.8(a) anticipates, hold a public hearing, at adoption or later, and make the determination s. 163.3233(2) requires, naming each development agreement it applies to; without them the rules vested at execution govern. Whether Chapter 2025-190, s. 28, reaches a development agreement is open, leaning no; where it or s. 252.422 applies, the holder of legal title joins each application (Section 2.1), so that the exception for an application the owner initiates can apply (Open Legal Questions, Q3; Counsel 3.2). - Std. Sec. 14(b)(4), Section 7.2(d), Lease Section 13.3(b) and Annex L-1(a) and (c) run each draw on the decommissioning security from the date the obligation or claim was due, inside or outside bankruptcy. Notice of default or nonpayment is given where the law permits it, but is not a condition of the draw, so no draw turns on whether a stay bars the notice (Open Legal Questions, Q32). After a filing, a notice of default may itself be a stayed act to collect a claim (11 U.S.C. 362(a)(6)). A notice that compels compliance with the decommissioning standards may be excepted as enforcement of the County's police or regulatory power (11 U.S.C. 362(b)(4)); a notice demanding payment of a well owner claim, or one the County gives as landlord, is less likely to be. The County Attorney decides whether a notice may be given after a filing. The due-date rule does not permit a draw that the stay itself bars; applying money held in an escrow the operator funded, or cash the County holds from an earlier full draw, may be one, and the County then seeks relief from the stay. The stay does not ordinarily bar a notice to a lender, but Section 10.21 and Lease Section 11.2 give lenders only copies of notices given to the operator, so where that notice is barred, send each Qualified Mortgagee or Leasehold Mortgagee written notice of the default before the draw. - The County purchase option (Section 7.4) has no precedent: the data center options found cover unbuilt phases at cost. It is a right, not a duty. The price is determined before the option is exercised, and before exercise the Board identifies the funds, by a budget amendment or the designated agency's own funds, since any County purchase is subject to annual appropriation (Section 10.14(c)). The Section 7.4(c) stipulation that the option is outside s. 689.225 rests on the statute's text alone: s. 689.225(5)(a) excludes nondonative transfers by its words but does not address options, case law was not searched, and a stipulation binds no court. After a bankruptcy filing, the stay bars exercise (Open Legal Questions, Q32(a)). **Agreement** | Section | Blank or choice | What sets it | Statute or choice | |---|---|---|---| | Recitals B, D, F | Approvals applied for; whether to include Recital D; hearing dates and whether the local planning agency holds one | The application and the hearings. Recital D only where the County has a procedures ordinance. Add no recital of the Developer's reasons for the covenants: Section 10.4(b) is the operative statement, and a motive the Developer writes could state the real bargain (Open Legal Questions, Q12) | s. 163.3223; s. 163.3225 | | Section 1.1, "Approved Capacity"; Section 2.3(b) | Aggregate Infrastructure Demand and critical IT load for Phase 1 and any Envelope; design power usage effectiveness | The Board, on the application and Exhibit "B-1"; restated by the certification under Section 3.5. The County makes no tax determination (Section 2.3(d)) | s. 212.08(5)(r) | | Section 1.1, "High-Density Compute Use" | No figure | No load threshold: the Project Site, the Approved Capacity and the Phases fix what the agreement covers, and the use, with every life-of-use covenant, ends only on the permanent cessation of information-technology load and completion of decommissioning, as Lease Section 6.3(b) provides for the life of the use | County choice | | Section 1.1, "Interconnecting Utility" | Name of the provider | The provider lawfully entitled to serve the parcels | s. 366.043 (public utilities); ch. 425 | | Section 2.2(a) | Term in years | The Board, from the phasing and Exhibit "B-1". Thirty years is the statutory ceiling for an initial term, not a recommendation | s. 163.3229 | | Sections 2.3, 3.2(b) | Gross floor area; height; design rack density (a planning assumption only); outside commencement and completion months; whether to elect the Campus Development Envelope; the population density note | The Board, on the application. The Envelope only where Exhibit "B-1" measures full build-out (Section 3.2(b); Exhibit "B-1" Outline, B-1.3) | s. 163.3227(1)(c), (2) | | Section 2.3(b), note (1) | Rooftop allowance and absolute height | County choice. Std. Sec. 5(f) counts rooftop equipment in height; where both apply, the stricter governs (Section 10.9). Set the absolute height no higher than the Std. Sec. 5(f) figure | County choice | | Section 2.3(b), note (4) | Phase in which cumulative critical IT load reaches 100 MW | Arithmetic from the table; strike the note if the table never reaches it. Rule 12A-1.108, F.A.C., still states the former 15-megawatt threshold; rely on the statute, and on a technical assistance advisement under s. 213.22 for any transfer the Module or Options provide | s. 212.08(5)(r)1.c.(III), 2. | | Section 4.1(d) | Whether the Developer also reimburses a revalidation the County elects on its own | County choice. The Developer always reimburses the revalidations the agreement requires | County choice | | Section 4.2(b), (c) | Payment rate per unit of the measure Exhibit "B-1" states; payment before the first Compute Hall permit or in annual installments | Rate: the range Exhibit "B-1" supports (Section 4.1(b)). Timing: negotiation | Study figure; parties' negotiation for timing | | Sections 4.3(a), (c), 8.2(c) | Equipment and training amount and annual refresher cap; liquidated amount per day, as a reasonable pre-estimate of damage | Exhibit "B-1"; the Board sets each on the record within its range, or leaves it blank. The liquidated amount pre-estimates only the County's own damage, not residents' loss, and is the County's sole monetary recovery for that damage (Open Legal Questions, Q17; Counsel 17.1) | Study figure | | Section 4.3(b) | Acquisition cost at or above which an item is held for its useful life | Board choice; a practice term, not a study figure | County choice; s. 274.06 for disposal | | Section 4.5(a), (b) | Days before trenching for the Developer's notice of a segment; days after the notice for the County's request; the bracketed sentence | Periods: negotiation. Set the request period well inside the notice period, so the conduit can be ordered and placed before trenching begins. Keep the sentence where the Developer or an affiliate is a communications services provider | Parties' negotiation; s. 337.401(3)(f) | | Section 6.4(e) | Years after acceptance within which a later finding may be made, where the land development regulations set no maintenance or warranty period | County choice | County choice | | Section 6.4(c) | Days for the designated office to state the evidence a statement lacks; days for the County to confirm completion or state what remains; days to answer after the Developer's notice | Basis to be recorded by the County, from its inspection staffing. Loudoun County, Virginia requires, with each site plan and plat subject to proffers or conditions, a status form listing each proffer and condition that applies to it, and releases a performance bond only on a notarized affidavit that those proffers and conditions are complete, filed with the completed form, which its proffer staff check before the Zoning Administrator signs the release (its Proffer/Condition Status Update Form and Performance Guarantee Release Certification packet, updated 12 May 2026) | County choice; s. 163.3235 for the annual review. The Developer's remedy to compel an answer is an action for injunctive relief under s. 163.3243 or for specific performance (Section 10.16); under the Lease, specific performance (Lease Section 14.3; Exhibit "C," Part 1, paragraph 2(h)) | | Section 7.2(f) | Whether to release part of the Decommissioning Security for a part of the work the decommissioning plan states separately | County choice. Release in full only on confirmed completion (Section 6.4) | County choice | | Section 6.2(a) | Annual monitoring reimbursement cap $[__] | County choice, never above the compliance monitoring cost in Exhibit "B-1" | County choice | | Section 7.4 | Whether the County purchase option stays in the agreement; days after the price is determined within which the option may be exercised [90 days]; days to engage each appraiser and to deliver each appraisal | Keep it only where Exhibit "B-1" shows a blight or decommissioning impact of Abandonment that the Standards leave unanswered (Section 7.4(d); Exhibit "B-1" Outline, B-1.3); otherwise mark it reserved. Set the exercise period long enough for the Board to identify the funds and vote (see the caution above). The appraisals are at the Developer's cost, as rent appraisals are under Lease Section 4.4(b). Short appraisal periods bring forward the date the option ends, which starts the period for restoration under Section 7.5; longer ones give the appraisals more time | Study figure; County choice for the periods | | Section 7.2(c), (d) | Non-extension notice period for letters of credit; days to replace security after an event affecting the issuer or surety, and a second period after a watch for downgrade, enforcement action or capital directive; days to restore the security after a draw [30], the same as Std. Sec. 14(b)(4) | The County's finance office. Set the notice period longer than the thirty-day renewal window of Section 7.2(d) (120 days follows 40 C.F.R. 264.143(d)(5), as Module Section 1.20(d) does). A second replacement period shorter than the period after a rating fall moves the security sooner from an issuer of a letter of credit under a watch for downgrade, enforcement action or capital directive; a longer one gives the Developer more time to arrange replacement (Open Legal Questions, Q32) | County choice; ch. 675 | | Section 7.6(a) | Insurance limits | The County Risk Manager, to project scale and Approved Capacity; confirm pollution and battery storage coverage is commercially available | County choice; ch. 440 | | Section 8.1 | Outside limit on an extended cure | The County Engineer's written estimate of the longest reasonable cure for the class of obligation | County choice | | Section 9.5(a) | Anniversary and interval for preservation notices [25 years] | County choice, with the Clerk and the County Attorney | ch. 712; ss. 712.05, 712.06 | | Section 10.8(a)(3) | Impact fee categories the agreement anticipates | Name each category the County charges or expects to adopt; a later fee in a category left unnamed may not reach the Project during the Term (Open Legal Questions, Q14; Counsel 14.1) | County choice; s. 163.3233(2)(c) | | Sections 3.4(c), 3.8(c), (d), 4.6, 6.1, 6.3(b), 7.3(b), 7.5, 8.3, 10.17, 10.18(c), 10.23(c), 10.26 | Tolling caps; viewpoints, screening share and decision period; Distress Event periods [90] and [60 days]; force majeure notice and restoration periods; the other periods, options and names in these sections | Basis to be recorded by the County. The Section 3.8(d) decision period is not longer than the statute allows. No tolling cap limits tolling or extension under s. 252.363 (Section 3.4(c)). Funds not applied within the Section 4.6(d) period are reallocated to another line of Exhibit "B-1" answering the same impact, never refunded; a refund would cut against the no-reversion rule. Keep the Mitigation Account to the Impact Fee Act's accounting standards: a separate fund (s. 163.31801(4)(b)), the Section 4.6(d) period as its spending period and the s. 163.31801(8) affidavit. The account then works whether the payments are impact fees or exactions (Open Legal Questions, Q16; Counsel 16.1). The exception in Section 4.6(d) for maintenance and replacement funding under Module M2 has no spending period; if Counsel 16.1 finds these payments are impact fees, that funding needs its own basis (Q17). The Developer reimburses the audit and the County's cost of administering the account (Section 4.6(e)), and pays the mediator's fee under Section 10.26 | County choice; s. 125.022 | **Exhibit "S," Schedule of Supplemental Operating Covenants** Exhibit "S" attaches to the agreement or to a County ground lease. Part S-1 is always attached. Under the agreement, attach only the other covenants Exhibit "B-1" supports: each needs a finding that the Standards leave part of an impact unanswered at the site and that the covenant is sized to that part (Section 10.5; Exhibit "B-1" Outline, B-1.9). Leave the others out, or adopt them in the Standards for every facility. Agreement Sections 5.3 and 5.4, and the reference to Part S-25 in Section 5.6(c), take effect only where Part S-25 is attached, which Exhibit "B-1" must support. Under a ground lease the covenants are lease terms the County sets as landowner. A bracket in the form "[__; Std. Sec. __]" is a figure the County may set; where it does not, the figure in the cited section of the Standards applies (S-1.2(c)). | Section | Blank or choice | What sets it | Statute or choice | |---|---|---|---| | S-1.2(a) | Water management district; Readiness Date [June 1] | Readiness Date: basis to be recorded by the County | County choice | | S-6.1(a); S-10.5; S-12.3 | Berm height; testing hours, days and units; exercise frequency | Under the agreement, a figure stricter than the Standards only as Exhibit "B-1" supports it (Exhibit "B-1" Outline, B-1.9); under a lease, the County. Otherwise the cited Standards figure. A stricter S-10.5 window that still fits a continuous run of 4 hours keeps Sec. 10(d) the exception; a shorter window narrows the hours for routine testing, and a 4-hour test then runs only under the exceptions in S-10.5 (see the Sec. 10(a), (b) row). S-10.1(d) and the last sentence of S-10.5 rely on Std. Sec. 10(e); its Board determination route works only if the attached Standards include it | Study figure under the agreement; County choice under a lease | | S-7.2; S-10.3(b); S-10.6(c) | Domestic water limit; annual maintenance and testing hours; hours of fuel reserve | The Impact Findings: S-7.2 from the certified occupant count; S-10.3(b) within the unit's air permit and federal engine rules; S-10.6(c) confirmed with the fire official and against regional fuel supply | Study figure; for emergency reciprocating engines, 40 C.F.R. 63.6640(f)(2) (S-10.3(b)) | | S-8.2 | Where no gauge record is adequate, the study that sets the passby flow | Study-dependent. A study the Operator funds, by a Florida-licensed professional engineer or professional geologist, estimating the lowest seven-day average flow occurring once every ten years at the point of withdrawal from the record of a gauged site on the same or a hydrologically similar stream (for example by the drainage-area ratio method, or a regional regression equation the U.S. Geological Survey publishes; confirm what is available for the region), stating its data and method. The Operator files the floor and its basis before withdrawing and measures flow at the intake, or indexes it to a named gauge. Under the agreement, attach S-8.2 only where Exhibit "B-1" supports it (Section 10.5); under a lease, state the impact it answers in Lease Exhibit "B," Part 2. Where the district has adopted a minimum flow or level for the source, both apply (Open Legal Questions, Q52(b), (e)) | Study figure; s. 373.042 | | S-11.4(c) | No figure. The floods it covers: the base flood off the Property, and peak stage on adjacent or downstream property through the 100-year, 24-hour storm and the Sec. 11(c) storm | Zero rise is stricter than the state permit, which bars "adverse flooding" (Rule 62-330.301(1)(b), F.A.C.), and than the one-foot cumulative rise the National Flood Insurance Program allows outside a floodway (44 C.F.R. 60.3(c)(10), (d)(2)); it extends the floodway no-rise test (44 C.F.R. 60.3(d)(3)) beyond the floodway, measured off the Property. The 100-year, 24-hour storm is the one S-11.1 already uses; the state permit usually rests on a different design storm (for example the 25-year, 24-hour storm in Southwest Florida's open basins and the 25-year, 3-day storm in South Florida), so the analysis may need added model runs. Under the agreement, only as Exhibit "B-1" supports it (Exhibit "B-1" Outline, B-1.3.10, B-1.9); under a lease, the County | Study finding under the agreement; County choice under a lease | | S-21.2 | No figure. Where the survey goes, and how it relates to Std. Sec. 11A | The survey goes to the Division of Historical Resources for the Florida Master Site File, and the County receives only a certification and a summary by parcel, because s. 267.135 protects a site's location only while the Division holds it (Std. Sec. 11A notes). Where the Standards apply, a Std. Sec. 11A field survey and discovery plan may serve under S-21.2 for the areas they cover if they also meet S-21.2. S-21.2 stays stricter: it requires a Phase I survey of every area to be disturbed, where Std. Sec. 11A requires a field survey only where the records point to a burial ground, cemetery or site | ch. 267; ss. 267.135, 872.05 | | S-22.1(b) | Percent of load curtailed and minutes to curtail | The Interconnecting Utility's Commission-approved program or large load tariff | s. 366.043 | | S-12.1(a), (b); S-12.2(c); S-24.1(c) | Whether to include the optional S-12.1(b) | Energy storage systems must meet the uniform firesafety standards (s. 633.206(1)(b), Florida Statutes; Rule 69A-73.002, F.A.C., which applies NFPA 855, 2023 Edition, and the Florida Fire Prevention Code; confirm the edition in the adopted rule), and a local authority "may not require more stringent uniform firesafety standards" (s. 633.206(2)(b)). S-12.1(a) and S-12.2(c) give the BESS and the BESS yard what those standards require. Include S-12.1(b) only where the site has historic, geographic, or unusual conditions for which the Operator may seek an equivalent alternative standard; it binds the Operator only to an alternative the local authority authorizes at the Operator's request. S-24.1(c) keeps the Schedule's own security fencing from impairing fire department access. Whether the bar reaches a covenant of an agreement or a lease: Open Legal Questions, Q57 | s. 633.206, Florida Statutes; Chapter 69A-73, F.A.C. | | S-9.1(a), (c); S-9.3(b) | The Sound Contour's margin [5 dB] and the days to file its map [30] where the Standards do not define or map it, longer where a study must first be prepared; the ambient floor of an added station [the lower of the ambient floors at the two nearest stations] | The sound limits apply at every Sensitive Receptor whenever it comes, as under the Standards; setbacks from Sensitive Receptors stay measured from those existing when the site plan is approved (Section S-5.1(a)). A home that comes within the Sound Contour may be given its own station, and a supplemental plan under the development agreement, for structures or equipment above sixty-five feet, is modeled at it (Agreement Section 3.8). | County choice | | S-9.3(c) | Hours by which publication on the dashboard may be delayed [__] and the longest aggregation interval [one hour], each only on the County's written finding | The figures of Technical Manual Sec. B-9.3(b) where the County has adopted it; otherwise the County. The stream to the County is never delayed or aggregated. Whether the County's live copy of the data is confidential and exempt during a delay is open, so a public records request to the County may reach what the delay keeps off the dashboard (Open Legal Questions, Q18(i); Counsel 18.2 and 18.5) | County choice | | S-9.2; S-10.4; S-13.3 | Notice and filing periods; receiving department | Basis to be recorded by the County | County choice; s. 125.022(4) for S-10.4 | | S-10.1(c); S-23.2(a) | Bridging generation period; reserved area and interface size | Under the agreement, Exhibit "B-1" (Exhibit "B-1" Outline, B-1.9); under a lease, the County | Study figure under the agreement; County choice under a lease | **Exhibits and Forms** | Exhibit | Blank or choice | What sets it | Statute or choice | |---|---|---|---| | "A," "C," "D," "E," "F," "J" | Project-specific content | The project; Exhibit "J" carries the permits, public facilities and dedications the statute lists. Part J-1 also states, for each later Phase, each discretionary permit decided at the hearings and each permit the County's regulations in effect at execution allow to be issued administratively; a later Phase relies on conformity review only for permits so stated (Section 3.2(c)) | s. 163.3227(1) | | "B-1" | Impact, nexus and proportionality findings, including the finding Section 10.5 requires for each Exhibit "S" covenant (Exhibit "B-1" Outline, B-1.9) | A study prepared on the Exhibit "B-1" Outline and Methodology and adopted by the Board | s. 70.45 (Section 10.5) | | "G" | Tariff route and dates; the megawatts the contract demand must reach (paragraph 3); schedule of summary terms (paragraph 4); bracketed paragraph 5 | The Developer's facts, from the agreement delivered under Section 5.2(a) or 5.6(b). The schedule holds only the summary terms Section 10.18(d) makes public. In paragraph 3, enter the Aggregate Infrastructure Demand of the Phases the agreement serves (Section 2.3), a public figure, and not the contract demand Section 5.2 redacts. Keep paragraph 5 only where Section 5.6 applies (a cooperative or municipal utility) | County choice | | "H," "K," "L" | Issuer rating and rating agency; honor, extension, non-extension and replacement periods, including the second replacement period after a watch for downgrade, enforcement action or capital directive (Annexes H-1(b), K-1(b)); rules; surety or escrow bank; days after a charge was due before a draw under Annex H-1(a) | The County's finance office. These are process terms, not study figures. A second replacement period shorter than the period after a rating fall moves the security sooner from an issuer of a letter of credit under a watch for downgrade, enforcement action or capital directive; a longer one gives the Developer more time to arrange replacement (Open Legal Questions, Q32). Draws under Annexes H-1(a), K-1(a), L-1(a) and L-1(c) run from the due date, and no certificate depends on a notice (see the caution above). A non-extension notice of 120 days in item 4 of each form follows 40 C.F.R. 264.143(d)(5), as Module Section 1.20(d) does; check it against the form's own draw point | ch. 675 | | "P" | Columns of the status table; the completion statement and its jurat | The form. The jurat follows Exhibit "G" | s. 117.05 for the jurat | | "I" | Lease term; days before a successor lease; nominal rent | Term within the statutory limit; rent fixed, nominal, from non-ad valorem revenues | s. 125.031 | | "O" | The standards attached; the Standards section numbers cited | The County's adopted standards as in effect at execution or, where it has none, the model Exhibits A and B with the Board's values in every bracket. Before the draft is made public, replace each Standards section number cited in the Agreement and its exhibits and forms, Exhibit "L"'s draw form among them, with the County's own, as numbered in Exhibit "O," and strike the words tying the numbers to the model data center standards ordinance (Section 1.1, "Standards"; S-1.2(a)); a Lease and its exhibits are completed the same way (Lease Section 1.1) | County choice | **Module M2, Emergency Power for County Facilities** Module M2 is optional. A County that elects it inserts Section M2.0, Terms (the Module's definitions and its table, with only the column for the instrument concerned), and Sections M2.1 and M2.2 at Section 4.4 of the agreement or Section 6.4 of the lease, and attaches Exhibits "H" and "I." Where the County has adopted Category C of the impact fee ordinance, the fee governs each facility it covers, and M2 governs only maintenance and fuel there; capability in service under form (1) or (2) when the fee takes effect stays under M2 until the Developer conveys equipment to the County or pays the fee (M2.1(a)(3)). | Section | Blank or choice | What sets it | Statute or choice | |---|---|---|---| | M2.1(a)(1), (2); M2.1(f) | Facilities, critical loads, and consecutive days the capability carries them | The Impact Findings, sized by an independent engineer, and the Emergency Management Director's written designation. A fire station, emergency medical services station, emergency communications (911) center or law enforcement facility comes in only where the Impact Findings support it. At any facility, including a 911 center or emergency operations facility, count no load that serves a camera, video feed, license plate reader or link to a real-time crime center; at a law enforcement facility, count only loads that serve emergency services. Have the engineer keep door, security and other camera circuits off the backup panel at every facility. Strike from M2.1(a)(3)'s list any facility the County's own impact fee covers | Study figure | | M2.1(b)(1), (3) | Days before the Readiness Date for the test; test hours; days of notice | Practice terms set with the Emergency Management Director and the Fire Chief, in line with the testing the equipment's code and manufacturer already require | County choice | | M2.1(c)(1) | Months of charges the letter of credit covers; days for the utility to agree | Basis to be recorded by the County. Before electing Module M2, ask the Interconnecting Utility in writing whether an approved tariff lets a third party pay for utility-owned backup at a County facility. Where none does, form (1) needs a new tariff or contract approval; if the utility has not agreed in writing within the period for it to agree, form (2) begins the next day, so a short period starts form (2) sooner and a longer one leaves more time for that approval | County choice | | M2.1(c)(2), (d) | Lease term; days after form (2) applies to petition for the declaratory statement | Lease term: successive leases within the statutory term. Petition: basis to be recorded by the County; the statement binds the Commission only on the facts the petition states (Open Legal Questions, Q51) | s. 125.031; s. 120.565 | | M2.1(h) | Days to provide temporary capability after equipment is destroyed | Set with the Emergency Management Director, from the time temporary units take to deliver and connect | County choice | | M2.1(c)(4) | Days after a form lapses or fails by which the next form's equipment is in place and passes the readiness test | Set with the Emergency Management Director, from equipment lead times and the time an award under M2.1(i) takes; temporary capability under M2.1(h) carries the facility meanwhile | County choice | | M2.1(i) | None; the award threshold and the bonds are the statute's | Gives the Developer's work at a County facility under forms (2) and (3) the award and bond terms of Lease Section 4.7A(a) to (c), except work s. 255.20(1)(c)1. (sudden damage) or 5. (repair or maintenance without substantial additions) would except if the County did it. Whether s. 255.20 reaches the Developer's own work by its own terms is open (Open Legal Questions, Counsel 11.2) | ss. 255.20, 255.05 | | M2.1(j) | None; an independent engineer's determination before fuel-burning equipment is installed | Rule 62-210.300(3)(a)35 (confirm against the rule's 2026 text) exempts a stationary engine only while all engines claiming the exemption at the same facility stay within its collective yearly fuel limits and the engine meets the federal engine rules, and an exempt unit at a Title V source is not exempt from Chapter 62-213, so count the County's own engines at the facility. Outside emergencies an emergency engine may run for maintenance and readiness testing up to 100 hours a year (40 C.F.R. 60.4211(f); 63.6640(f)); set the test hours of M2.1(b)(1) within that limit and any permit's. Who signs as owner or operator for a leased unit is Agency 19.2 | r. 62-210.300(3), 62-210.310, F.A.C.; 40 C.F.R. 60.4211(f), 63.6640(f) | | M2.1(g) | Days before conveyance within which the equipment has passed the readiness test | Set with the Emergency Management Director; short enough that the test shows the equipment's condition at conveyance | County choice | | M2.1(c)(1); M2.1(j) | Whether to grant site access for form (1) at a shelter | When asking the utility about its tariff, ask whether it runs customer-sited units for grid purposes; M2.1(j)'s run limits bind only forms (2) and (3), so weigh the emissions at a shelter before joining the utility contract to grant site access there; without that access, form (1) is not available at the facility and form (2) applies | County choice | --- ## 5. Model Ground Lease The Model Ground Lease is for a county that already owns land and has decided to lease it for a data center. The County acts only as landowner: the lease is awarded under s. 125.35, priced at fair market rental value by appraisal, and carries the County's standards and Exhibit "S" as lease covenants, with listed development agreement provisions attached by Exhibit "C." It grants no regulatory approval (Section 15.1). **Cautions.** - Set the policy brackets (term, extensions, rent options, transfer tests, asset schedule) before the solicitation and publish them as minimum lease terms, after a published request for information to likely bidders and leasehold lenders (Exhibit "B," Part 1(c)). - Complete the appraisals before the solicitation is published (Exhibit "B," Part 1(d)). - Keep the Initial Term under 100 years, not counting renewal options (s. 196.199(7)), and add no tenant purchase option, nominal buyout, or automatic or perpetual renewal (Section 5.2(d)); s. 196.199(2)(b) governs how the leasehold is taxed. - Land the County holds under a federal deed, lease or permit may need federal consent before it is leased. - On airport property subject to 49 U.S.C. 47107(b) or 47133, Section 4.10 takes rent only in cash, as airport revenue: no rent in kind, no Section 4.7A facility, no per-megawatt increase or reset cap under Section 4.3(a) or (b), no maximum land rent rate under Section 4.4(d), no acceptance of a proposal below the appraised value (Exhibit "B," Part 1(e)), and holding-period rent at not less than appraised fair market rental value for the holding period, not creditable against Base Rent. Include the holding period in the written instructions for the appraisals summarized in Exhibit "B" (Section 4.4(a)). Whether a parcel is still airport property, or has been released, is for the FAA (Open Legal Questions, Q23). Before electing Module M2 for Premises that are airport property, see Open Legal Questions, Counsel 23.3. - Section 13.3(b) lets the County draw on the Decommissioning Security when a payment it secures remains unpaid thirty (30) days after it was due, or work it secures remains unperformed sixty (60) days after performance was due, the periods of Development Agreement Section 7.2(d) and Sec. 14(b)(4) of the Standards. Notice is given where the law permits it, but is not a condition of the draw; see the caution in Section 4. | Section | Blank or choice | What sets it | Statute or choice | |---|---|---|---| | Recital A; Exhibit "B," Part 1(a) | Disposition route and solicitation | The Board's best-interest determination and award to the highest and best bidder, or a disposition ordinance or charter procedure | s. 125.35(1)(a), (3) | | Recital B; Section 1.1, "Approved Capacity" | Megawatts; optional critical IT load; design power usage effectiveness | The Board, in the minimum lease terms. Increases only by amendment (Section 6.5) | County choice; s. 212.08(5)(r) | | Section 1.1, "Appointing Authority" | The body that names neutrals | Never the County or another local government | County choice | | Section 3.1 | Initial Term in years | The Board, before the solicitation, from the phasing, an engineer's estimate of the improvements' life, the appraisals and the lender term sheets | s. 196.199(7) | | Section 3.2 | Whether to offer extensions, and which form (Board approval, or the objective test with its counts); days before approval that extension appraisals are published | Board choice; use one form | s. 125.35(1)(b)2.; s. 125.045(5)(a)4. for any below-market rent | | Section 4.1 | Rent Commencement Date [24 months]; Base Rent | Base Rent: the appraisals summarized in Exhibit "B" and the competitive award. Rent Commencement Date: 24 months after the Due Diligence Period follows DOE's one to two years of construction; a Tampa airport lease starts rent within 24 months of its effective date. A longer period keeps holding-period rent in place longer, unless a certificate of occupancy issues first; the serving utility's written schedule shows when large-load service will be available. The Section 3.1 term and the Section 7.1 completion period run from this date | Art. VII, s. 10, Fla. Const.; s. 125.35 | | Sections 4.2(b), (c), 4.5, 4.6, 12.1 | Reset interval and cycle [5 years]; holding-period rent and whether it is creditable; optional participation rent; casualty termination window | Board policy, set before the solicitation. Holding-period rent at fair rental value and not creditable covers the wait before full rent (Section 4.1). Off airport property, a lower or creditable figure is a below-market rate lease for that period, which the County reports as an economic development incentive where the incentive exceeds $25,000 in a fiscal year (s. 125.045(5)(a)4.), and which the Consideration Adequacy and Fit Test (C1) has the Board price and find openly; Section 4.10 allows neither on airport property. For participation rent, weigh expected revenue against administration cost and financeability | County choice | | Section 4.3(a) to (d) | Per-megawatt increase; reset cap; CPI-U cap; downward reset, with their figures | Off unless the Board elects them in the solicitation. Each makes the Tenant's rent more predictable or lower, which can ease its financing; the bidder and lender survey shows whether financing needs them, and its responses can supply each figure; a year in which a term holds Base Rent below fair rental value is a below-market rate lease for that year, which the County reports as an economic development incentive where the incentive exceeds $25,000 in a fiscal year (s. 125.045(5)(a)4.), and which the Consideration Adequacy and Fit Test (C1) has the Board price. A per-megawatt schedule comes from a consulting appraiser's report published with the solicitation | County choice; s. 125.045(5)(a)4. for a year the cap holds rent below value | | Section 4.4 | Appraiser, review and neutral periods; look-back years; optional land rent rate band | Board process terms, set before the solicitation. A band only from a consulting appraiser's report commissioned before the solicitation | County choice; ch. 682; s. 55.03 | | Section 4.7 | Rent in kind | Module M3, where the Board elects it, but never for airport property subject to 49 U.S.C. 47107(b) or 47133 (Module Section 2.1(a); Section 4.10) | County choice | | Section 4.7A | Whether the County takes a public facility as rent; its site in Exhibit "A" | Board's choice, never on airport property subject to 49 U.S.C. 47107(b) or 47133 (Section 4.10). Use only where the Board takes a public facility as rent in kind. No facility under Section 4.7A is or includes any means of surveillance of members of the public, or serves a law enforcement agency other than for emergency services. The Tenant awards construction above the s. 255.20(1) threshold, adjusted by the Engineering News-Record Building Cost Index from 1 January 2009 (s. 255.20(2)), competitively and on the award terms of s. 255.20(1)(d), and its contractor records the s. 255.05 bond, with the County or the public body as an additional obligee. The Tenant's Section 9.2 indemnity reaches the work, and the Tenant discharges any lien for it within thirty days. Until completion it keeps the coverages of Development Agreement Section 7.6(a)(1), (4) and (5) and (b) in force for the work, and afterward completed operations coverage while Section 7.6 requires that coverage for the Project, naming the County and any public body the facility is for. Site the facility on an area Exhibit "A" retains for the County or on other public land, never on the Premises, so that the payment in lieu of taxes, the use and maintenance covenants and Article 13 do not reach it. Choose a facility in a category for which the County collects no impact fee, or value the rent offer net of the credit: s. 163.31801(5)(a) may require a credit for a contribution the County requires, and (5)(b) allows none where no fee is collected. A comprehensive agreement under s. 255.065 (public-private partnerships) is the other route. Whether s. 255.20 applies of its own force and, if so, whether a Tenant award on its terms meets it (if not, use a County award or s. 255.065), whether the Tenant must also give a bond, and whether the credit reaches rent are optional confirmations for counsel | s. 255.20; s. 255.05; s. 255.065; s. 163.31801(5) | | Section 5.3(c) | Whether assessment limits apply in computing the payment in lieu of taxes; valuation where the Property Appraiser states none | The Board, before the solicitation. The s. 193.1555 limit applies only to levies other than school district levies. Valuation by an independent certified general appraiser at the Tenant's cost | Art. VII, s. 4, Fla. Const.; s. 193.1555(2); s. 193.011; part II, ch. 475 | | Section 5.3(d), (e), (g) | Payment, objection and remittance periods | Board process terms. Sign an interlocal agreement with each other taxing authority before the award | s. 197.333; s. 163.01 | | Sections 10.1, 10.3 | Assignee net worth or credit rating and years of experience; response periods; controlling-interest percentage; optional lender-pledge sentence | The Board, before the solicitation, published as minimum lease terms. The pledge sentence of Section 10.3 treats a transfer of interests in the Tenant to an institutional lender, or to an entity it controls, on enforcement of a pledge of those interests that secures financing of the Project as a transfer to a Leasehold Mortgagee under Section 10.1(d); the lender term sheets show whether the financing includes such a pledge | County choice | | Section 10.4 | Beneficial-interest disclosure; foreign country of concern and foreign-principal representations and annual certificate; affidavit | The disclosure is a contract duty in the statutory form, with its exemptions. Section 288.860(2)(a) binds the County itself: since 1 July 2026 it may not participate in "any agreement", words that on their face reach this Lease, though the section is headed "International cultural agreements" (Open Legal Questions, Q58(a); Counsel 58.1), with a foreign country of concern, a subdivision of one or an entity a foreign country of concern controls, so the Tenant represents, and certifies each year, that it is none of them, a statement of fact that holds however counsel reads the reach of the bar. Part III of chapter 692 is kept for the buildings, fixtures and other improvements the Tenant owns, which are real property (s. 692.201(6)); it likely does not reach the leasehold as such (Open Legal Questions, Q58(d); Counsel 58.4; confirm against r. 73C-60.001, F.A.C.). The bars and the affidavit form are the statutes' | s. 286.23(1), (3)(a) (form only; by contract); s. 288.860(1)(a), (2)(a); ss. 692.201(6), 692.202(1), (5)(a), 692.203(1), (6)(a), 692.204(1)(a), (6)(a) | | Section 13.1(b) | Schedule of power and cooling assets by class | The Board, before the solicitation, with an engineer's advice | County choice | | Sections 13.2, 13.4 | Months before expiration by which the County may still elect reversion after making no election; days after a termination on Abandonment within which the County elects | Basis to be recorded by the County | County choice | | Section 13.5(b), (c) | Sublease term; months of non-use; acceptance period | Basis to be recorded by the County | ss. 125.38, 689.18(7), 689.225(2) | | Section 15.6 | Days after execution to record the memorandum, which is also recorded before any notice of commencement | Basis to be recorded by the County | County choice | | Exhibit "B," Part 1(i) | County administration cost | The County's estimate of its own annual cost as landlord | County choice | | Sections 3.3, 4.8, 6.1, 7.1, 14.1(f), 14.2(b), 15.10, 15.14; Exhibit "B," Part 1(f) | Due diligence and joinder periods; late charge [3%]; overlay district name; force majeure notice and restoration periods; the other periods in these sections; end-user share | Basis to be recorded by the County, or the minimum lease terms | County choice; s. 55.03 for Section 4.8 | --- ## 6. Module M3, Civic Compute Allocation, and Module M3 Options Module M3 states the Civic Compute Allocation: a share of the facility's computing capacity delivered in kind to a public or nonprofit Recipient, never to the County. A Board attaches it to the ground lease as rent in kind (Part 2; Lease Exhibit "G"). Under the private agreement, Parts 1 and 3 and Schedule 1 apply once the community organization elects capacity in kind, and some other provisions apply from signing under every election (Part 3; its Section 5.4). The optional Sections 2.5 and 3.6 and paragraphs T-12 and T-15 are published in the Module M3 Options; insert each one chosen at its number, in place of the Module's bracketed note, and it keeps its Module number. **Who sets the figures.** Under a lease, the Board sets each bracket in the minimum lease terms of the solicitation and bidders price them. Under the private agreement, the parties negotiate them. No study supports any particular figure. "Board or parties" in the table means the Board under a lease and the parties under the agreement. **Cautions.** - The County does not form, fund, designate or govern any Qualified Operator, and holds no seat, consent right, custody role or residual interest in any Recipient or account (Section 1.3(a)). - With a host institution as Recipient, the reserved share (Section 1.5(d)) is the main protection of access for users outside the host. Set it from the uses the host's letter of intent states (Agreement Exhibit C, item 3) and the published plan for the Allocation (Agreement Section 6.2(b)(i)) or, under a lease, ask the named hosts before the solicitation which users and uses they expect (Section 2.1(c)); no study supports a particular figure. - Hardware the Recipient acquires under the Instrument stays dedicated to public use until it is retired, in whoever's hands it comes to be (Section 1.6(d)). Each Recipient, each holder that assumes the dedication and each successor to either by merger or other operation of law is bound by it, with the open-standards and data rules; a buyer in breach is not, and the holder that sold applies the greater of the price and the hardware's value as net proceeds. Net proceeds, including insurance proceeds and awards not spent on replacement within the period set, go into the Restricted Account, except that a public body applies them itself to the same uses; a public body in breach applies only the price it received and pays no damages or other money. The dedication ends on retirement and otherwise only when, in enforcing financing paragraph T-14 permits that is secured only by the hardware it pays for, a secured party other than the Developer or an affiliate accepts the hardware in satisfaction of the debt or a buyer other than either takes it at the secured party's sale; any surplus is applied as net proceeds. If the Developer or an affiliate takes the hardware instead, it stays dedicated and the Developer must pass it on within the period set. After a lease ends, the Tenant removes the hardware and delivers it to its holder, and only the Developer can enforce the dedication; under a private agreement the community organization can too (Sections 1.6(d), 1.24(c), 1.26(h), 2.11(b)). A public host confirms with its own counsel that it can agree to this before it accepts (Open Legal Questions, Counsel 29.2). - The Developer pays every documented administration cost of the Allocation that no other payment covers, including the Recipient's required insurance and its costs from acceptance, whatever limit applies to another payment, in quarterly installments in advance on the Recipient's published budget with a yearly true-up (Sections 1.5(f), 1.23(a)), so no host, public or private, bears the documented cost of running the Allocation; the Monitoring Fund does not pay those costs (Section 1.21(b)). No reasonableness test is added: the closed list of costs, the published budget, the yearly examination and the credit are the controls, and such a test would move any cost found unreasonable onto the host. Nonpayment bears interest, is a default the security answers without a suit, and lets the Recipient scale its service down to what has been paid, in proportion across its users and keeping the reserved share and legal compliance, without being in breach; under a lease it is an Event of Default after notice (Section 2.7(c)), but for an amount disputed under paragraph T-26, other than an installment as budgeted, the County gives that notice, and seeks an order or certifies a draw for that amount, only after the neutral's decision and for the amount found due, since it takes no part in the dispute (Section 2.6(e)). A dispute about a budget, a statement or an unpaid amount goes to a neutral cost accountant, who decides on documents within a set period and whom the Developer pays whatever the decision (paragraph T-26); under an Agreement the same proceeding takes a dispute about the Administration Payment, since one budget serves both (Agreement Section 5.17(c), (d)). The Developer pays first: pending the decision it pays the installments as budgeted, without any credit in dispute, and no dispute suspends a payment when due, a scale-down or a draw; the host need not sue to fix the amount, and an amount found due and left unpaid is drawn from the security. The Developer also pays the mediator in a dispute it is party to (Section 1.25(a)) and the cost of a neutral or an objection in place of a public body (Section 2.9(d)(ii); paragraphs T-10(c), T-23(a)). Each side bears its own attorneys' fees, in a T-26 proceeding and any court proceeding on its decision as in a suit, and no host's lawyer in any of them is administration cost, because s. 57.105(7) could make a fee clause running only to the Recipient reciprocal (Section 1.25(b); paragraph T-26(b)); a mediator's or neutral's fee the Developer pays whoever prevails is not an attorney's fee and is not made reciprocal (Open Legal Questions, Part 4). If a suit is still needed, the host pays its own lawyers; under a lease, the County's own action runs under Lease Section 15.12, where the prevailing party recovers its fees, both ways. A public host applies net proceeds of hardware and of recovered heat itself rather than paying them into the Restricted Account (Sections 1.6(d), 3.7(a)). - Section 350.81 limits a host that is a governmental entity: a district school board (s. 350.81(1)(e)) and, most likely, a Florida College System institution (ss. 1.01(8), 1004.65(2)(b), 1004.67), but not a state university, which is part of state government (s. 768.28(2)). Such a host commits or exchanges capacity for a fee or other consideration only with other governmental entities unless it first meets s. 350.81 (Section 1.6(b)). It serves its own people directly, the people of other governmental entities through those entities, and everyone else through Access Institutions: nonprofits, or a state university, that are independent of the Developer, have no director or officer on a Public Approver's governing body, decide those users' requests under the host's criteria and are paid their documented costs of serving those users by the Developer through the Custodian, against a published budget, and, under an Agreement, their costs of preparing before first delivery from the Readiness Account (Section 1.5(g); Agreement Section 6.2(b)(v); Open Legal Questions, Q35, Counsel 35.2). Before naming such a host, confirm that at least one such institution will serve any eligible user that asks; where none will, name a state university or a nonprofit as host. A state university or nonprofit named as the other host can serve as an Access Institution, but cannot use its own withdrawal to take over as Recipient. If none serves later, the host publishes that fact and the quarter counts against it, unless an unpaid amount due to the Access Institution caused the lapse (Section 1.5(g)(v)). - At a public host, the optional resident panel (Section 1.5(d)) is an advisory board subject to s. 286.011, and its records are public records under Chapter 119: notice its meetings, hold them in the open and keep minutes (Florida Supreme Court decisions on advisory boards under s. 286.011: 442 So. 2d 934 (Fla. 1983) (confirm); 296 So. 2d 473 (Fla. 1974) (confirm)). - The optional model publication rule (Section 1.7(d)) reaches only capacity granted within the reserved share, so it does not bind the host's own research. It may deter outside users whose funders or trade secrets require them to keep a model private; they would use paid computing instead. At a governmental host, whether the condition is "other consideration" for the use is part of Counsel 35.2. - Under a lease, Base Rent alone meets fair market rental value in cash; the rent in kind is added to it and never credited against it (Sections 2.2(b), 2.4). While the Module applies, a reset cap the Board elects under Lease Section 4.3(b) cannot hold cash rent below the appraised value (Section 2.12(5)), so a Board that takes rent in kind in effect gives up the cap. Say so in the request for information and the solicitation, for bidders and their lenders. Expect fewer bids, or bids nearer the minimum, because the Allocation sits wholly on top of full cash rent. - The Module and the County Share do not apply to Premises that are airport property subject to 49 U.S.C. 47107(b) or 47133 (Section 2.1(a); Options Section 2.5). Rent there is airport revenue, at not less than fair market value and used for the airport, and the framework takes it in cash (Lease Section 4.10). Whether a parcel is still airport property, or has been released, is for the FAA (Open Legal Questions, Q23 and Q48; Agency 23.1). | Section | Blank or choice | What sets it | Statute or choice | |---|---|---|---| | 1.4(a) | Ratio R | Lease: the minimum lease terms (Module Section 1.1(d)). Agreement: the ratio in Agreement Section 5.1(a). The bracketed 0.5 percent is the author's illustration. No adopted instrument takes a share of a private facility's computing capacity; the nearest analog, EuroHPC, is publicly funded | Board or parties | | 1.4(b) to (d) | Optional second limb; optional Allocation Floor and its in-kind cap; months to first delivery | Board or parties. The bracketed 0.5 percent is the author's illustration. No adopted instrument takes a share of a private facility's computing capacity; the nearest analog, EuroHPC, is publicly funded | Board or parties | | 1.5 to 1.7 | Service Area (under an Agreement, any counties added in Exhibit A; under a Lease, the County only); acceptable-use terms, including screening lists; reserved share and its release; whether to use the optional resident panel (Section 1.5(d)), its size, its members' terms [two years, staggered] and the days it has to give advice; unused capacity; the days before first delivery for the first administration budget, the business days the Custodian has to pass on each installment and the months of operating reserve (Section 1.5(f)); at a governmental host, the years an Access Institution's public support finding covers and the days without an Access Institution before Section 1.5(g)(v) applies; the days to release a prior lien, the months a holder has to spend insurance proceeds or an award on replacement hardware, the days the Developer or an affiliate has to pass on hardware it comes to hold and the months a dissolving holder's transferee holds hardware for the next Recipient (Section 1.6(d)); for any return of idle cycles the Technical Schedule allows, the recall time, the payment period and the fallback percentage (Section 1.6(f); whether to allow a return is for the Developer and the Recipient in the Technical Schedule); whether to use the optional model publication rule (Section 1.7(d)) | Board or parties. The default screening lists are the federal Consolidated Screening List, with entities owned 50 percent or more by persons on the Specially Designated Nationals List (and, while 15 C.F.R. 744.11(a)(1) is in effect, by entities on the Entity List), and, as the countries, Macau, Country Group D:5 and the countries of concern under s. 287.138(1)(c) | Board or parties; s. 287.138 | | 1.10 | Qualified Operator standards (Agreement only): years of public charity classification [3]; years of audited statements [3]; years the public support finding covers; change-of-control notice and the days to deliver a new acceptance and certificate after the event (Section 1.10(b)(viii)); days for the accountant's report; days before the Custodian engages the accountant (Section 3.5(f)) | Parties' negotiation | IRC ss. 501(c)(3), 509(a)(1), (2) | | 1.9(e), (f); 1.11; 1.12 | Host Institution withdrawal notice; no signing for an unformed corporation; revenue-share limit and cure period; Custodian replacement [60 days], resignation, fee fallback and security transfer periods; days without an instruction, decision or order before the Custodian may, or on request must, sue for interpleader (Section 1.12(a)) | Board or parties. The Custodian must be authorized to exercise trust powers in Florida, because it holds the Continuity Escrow in trust (Open Legal Questions, Q31) | Board or parties; s. 617.0204 (Section 1.9(f)) | | 1.14 to 1.17 | Continuity Escrow cap [12 to 18 months]; transition and exit periods; the days after a complete copy of a public collection is delivered before it counts as moved (Section 1.14(c)); interruption thresholds; business interruption cover [12] or [24 months]; shortfall cure; conversion periods and the low-demand share | Board or parties; the escrow amount is validated in the Technical Schedule | Board or parties | | 1.14(e); T-13(f)(vii); T-21(b)(iii); D-2(b) | Exit and retrieval periods | Board or parties. The EU Data Act (Regulation (EU) 2023/2854, Art. 25(2)(a), (2)(g) and (4)) sets a transition of at most 30 calendar days, or at most seven months where 30 days is technically unfeasible, then at least 30 calendar days to retrieve data | Board or parties | | 1.18 | Optional Conversion Floor and its figures; optional trough deferral and its threshold; first installment [30 days]; prepayment discount rate | Board or parties. No dollar figure is proposed for the first leg of the Floor; its second leg rests on the Instrument's own valuations under Schedule 3. Use the deferral only with the Floor. The discount rate is set in the Technical Schedule | Board or parties; s. 55.03 | | 1.20 | Years of value secured; optional months of administration budgets secured; restoration period; issuer and surety ratings; bond payment period; notice, cancellation and replacement periods, including the second replacement period after a watch for downgrade, enforcement action or capital directive (Section 1.20(d)); security after a conversion [36 months] | Board or parties. Ratings and periods are process terms. Security after a conversion: 36 months follows AEP Ohio's large-load tariff, which charges 36 months of minimum charges on early exit, the shortest period among the large-load tariffs. Notice before a letter of credit or bond lapses: 120 days follows 40 C.F.R. 264.143(d)(5) for letters of credit and 264.143(b)(8) for bonds, and Rule 62-701.630(6)(b), F.A.C.; with the 60-day draw point, it leaves 60 days to replace the security. Use the same notice in Section 9.2(c) and (d) of the Agreement, and in Development Agreement Section 7.2(c) and item 4 of its Exhibits "H," "K" and "L," checking each against its own draw point. A second replacement period shorter than the period after a rating fall moves the security sooner from an issuer or surety under a watch for downgrade, enforcement action or capital directive; a longer one gives the Developer more time to arrange replacement (Open Legal Questions, Q32). A bond that secures a payment of money is issued only by an insurer licensed to transact financial guaranty insurance in Florida (Section 1.20(c); Open Legal Questions, Q31). No parent guaranty or self-bond qualifies; for the reason, see the Std. Sec. 14(b)(1) row above | ch. 675; Department of the Treasury Circular 570; ss. 627.971, 627.973 for a bond securing money | | 1.2; 1.8(a); 1.13(b); 1.21 to 1.25; 2.10 | Chronic Deficiency; fair salvage value; services margin cap; Monitoring Fund terms; report dates; insurance limits; mediation and other periods | Board or parties | Board or parties | | 2.1(c) | Custodian; first and second Host Institutions | The Board, before the solicitation, with their forms of acceptance in hand | County choice | | 2.4(d) | Days to pay a fair-value shortfall as cash rent | The Board, in the solicitation | County choice | | 2.5 (Options) | Optional County Share: ratio S, designated officer, export period, cure period | The Board, in the minimum lease terms. No study supports a figure; bidders price it. Not for Premises that are airport property subject to 49 U.S.C. 47107(b) or 47133. The s. 119.0701 covenant and statement in Section 2.5(d) are part of every County Share; set the statement in at least 14-point bold type. Section 350.81(1)(a) cites 47 U.S.C. 153(20) as it read when enacted; the definition of "information service" is now 47 U.S.C. 153(24) | ss. 350.81, 282.3185, 119.0701 | | 2.6(d); 2.8; 2.9; 2.11(b) | Optional additional insured; ledger publication; notice, acceptance, open-call, confirmation, bar and objection periods; hardware removal period; the Tenant's notice periods, its removal period after an earlier termination and the days a holder has to name a place for delivery (Section 2.11(b)(iv)) | Board process terms | County choice | | 3.2 to 3.7 | Notice, acceptance, removal and assignment periods; the days after the accountant's opinion, and after a decision, before a designation, acceptance, assignment or delivery takes effect (Section 3.5(a)); the years and the interest rate for recovering a Recipient's own capital in heat facilities (Section 3.7(a)); optional Instruction Share (Section 3.6, in the Options) and its periods; optional Community Party audit | Parties' negotiation; no Instruction Share amount is proposed | Parties' negotiation; 2 C.F.R. 200.1, 200.414(f) for Section 3.6(c) | | Schedule 1, T-1 to T-26 (T-12 and T-15 in the Options) | Periods and counts, including the days to begin a cost dispute (long enough for the Developer's yearly examination of a statement; a budget or statement not disputed in time is final), the neutral's selection and decision periods, the days after which an undecided dispute no longer defers the County's remedies, the years before appointment without an engagement by the Developer, and the days to pay an amount found due (T-26); hardware generation; cost margins, thresholds and handling fee; colocation rate basis; Service terms; program floor [40%] or [$50,000]; form of security; telemetry interval [5 minutes] (T-6) | Board or parties. T-6: five minutes is the commercial monitoring default (AWS); availability by the minute follows cloud service level agreements (Google Compute Engine) | Board or parties; s. 119.0715 (T-9); s. 518.11 and, for amounts disbursed to an institution, s. 617.2104 (T-22); ch. 675 (T-24) | | T-13(c) | Cloud form classes of service, units and benchmark conversion | The Technical Schedule. They need an engineer's review; none is proposed | Board or parties | | T-14 | Whether to keep the optional funded-hardware sentence, and its demand period [four quarters] | Board or parties | Board or parties | | T-17(e) | Advisement before Recipient-Owned Hardware is housed at the site | The advisement that counts is the Developer's own, on its own facility (s. 213.22(1); Open Legal Questions, Agency 35.1). It should request one before any Recipient-Owned Hardware is to be housed at the site; until then T-17(e) keeps that hardware off site | s. 212.08(5)(r); s. 213.22(1) | | T-17(f) | Foreign entity certifications; days to answer a request [30] | Board or parties. Section 366.043(7) binds a public utility as s. 366.02(8) defines it, which excludes a rural electric cooperative and a municipal utility: it "may not knowingly provide electric service to a customer that would otherwise qualify as a large load customer if that customer is a foreign entity." Section 366.043(3)(b) also requires each public utility's large load tariff, filed for Commission approval by 1 October 2026 (s. 366.043(8)), to "include provisions reasonably designed to prevent" that service, so the approved tariff may reach the customer; and s. 366.043(4) binds the customer directly. A large load customer, one with an anticipated monthly peak load of 50 megawatts or more at a single location, includes "all customers or other entities that have entered into a colocation or similar agreement at a single location" that meets that load (s. 366.043(2)(d)), so a Recipient housing hardware under T-17 is most likely one, and a person holding a commitment of that hardware's capacity under Section 1.6(b), such as an offtake agreement under T-14, may be. An allocation to users under Section 1.5 is not a sublicense (Section 1.6(a)) and brings no load of the user's own to the site, so T-17(f) does not reach it. Whether the bar reaches the utility's service to the whole site, and whether a commitment of capacity is a "similar agreement," are questions for counsel (Open Legal Questions, Q58(e), (f); Counsel 58.5 and 58.7) | s. 366.043(2)(c), (d), (3)(b), (4), (7), (8); s. 366.02(8) | | Schedule 2 | Breach notice [72 hours]; ephemeral storage limit [24 hours]; project data retrieval period; update, sent to current users, before a change the Recipient makes and [30 days] after any other change | Board or parties | s. 501.171 for notice to residents | | Schedule 3 | Valuation timing; panel size [3] and terms; fallback selection; objection, decision and true-up periods; optional publication delay | Board or parties. The County does not select, approve, instruct or pay any valuer (Section 1.3(a)) | Board or parties | --- ## 7. Model Community Benefits Agreement and Clause Bank The Model Community Benefits Agreement is a private contract between the developer and an existing community organization. The County is not a party and has no role, and the agreement is not a condition of any approval (Sections 2.1 and 2.2); the County's standards bar the County from considering it (Std. Sec. 16). The Clause Bank holds optional terms, each inserted at the number it bears; every bracketed figure in either is set by the parties' negotiation, and none is a recommendation. **Cautions.** - County staff and commissioners do not refer community groups to the developer, attend or facilitate negotiation, review drafts, or describe the agreement in a staff report (see Std. Sec. 16(b) and the certifications in kit Part A, Sections 12(a) and 13). - County staff and commissioners take no part in the annual meeting under Section 4.5. A commissioner who attends does so as a member of the public and does not discuss with another commissioner any matter that may come before the Board (s. 286.011). While a quasi-judicial application on the Project is pending, a commissioner who attends may receive an ex parte communication; where the County has adopted the procedure of s. 286.0115(1), it is not presumed prejudicial if its subject and the identity of the person with whom it took place are disclosed and made part of the record before final action. No decision-maker relies on the agreement or its performance in a decision (Std. Sec. 16(b), (d)), and a Party need not answer a question from a member, officer or employee of a Public Approver while an application by or for the Developer concerning the Project is pending before it (Section 4.5(d)). - The contacts under Section 4.5(e) answer questions about the agreement. A report that a commitment of the Developer is not being met goes to the report contact under Section 4.5(h), which logs and answers it without asking for or recording who made it; Section 4.5(h) requires the form to collect no identifying or device data; check the default logging of the form's host and of any analytics, security or delivery service in front of it. A complaint about the facility's compliance with a County standard goes to the operator's complaint contact under Std. Sec. 17(b) and (c), or directly to the County (Std. Sec. 17(e)). - Each party publishes the full agreement, with every exhibit and the completed Module form, before the first public hearing (Section 4.1(a)); neither files it in the County's application file (Section 2.2(a)). - A Clause Bank term marked "[Terms to be drafted]" cannot be used until it is written. - Set the Fund Holder's acceptance period (Section 5.8(b)) so the holding form is known before the Grant Policy deadline (Section 5.11(a)) and the first valuation (Section 5.6(b)). - Section 12.6 declares the commitments of Articles V to IX, and the Developer's duties that support them, to be covenants running with the Project Site. Whether the supporting duties (reporting, the annual meeting, Monitoring Fund and custody payments, business interruption cover, assumption by later ground lessees and operators, the no-subsidy terms and any Legacy Reserve) bind a successor in title that has not assumed the agreement is Open, leaning no (Open Legal Questions, Q26; Counsel 26.2). The assumptions under Sections 12.3 and 12.7 bind transferees, ground lessees and operators either way. | Section | Blank or choice | What sets it | Statute or choice | |---|---|---|---| | 3.4; Exhibit E | Support letter: the organization's reasons and the disclosure options that apply | The Community Party; the disclosures are those Section 3.4(b) requires | Parties' negotiation | | 1.1 to 4.3 | Abandonment and Distress Event periods; Replacement Approval years; Community Party qualifications; days to pay the amount of a barred reduction or payment into the Restricted Account under a capacity Election (Section 2.5(e)); support letter, succession and publication periods; other Material Changes; report date | Parties' negotiation. Support letters go to the official record, not to individual commissioners. The report opens with a status table that lists each commitment by its section or item and states its status (Section 4.3(d)) | Parties' negotiation; s. 286.0115 for Section 3.6 | | 4.5 | Annual meeting: days after the report; starting hours; distance from the Project Site; remote participation; notice, answer and summary periods. Contacts: days to name one and to post a change; answer period and its outer limit. Reports: days to name the report contact and to log and answer a report (Section 4.5(h)). No telephone line is offered, because caller data would be received | Parties' negotiation. The first meeting follows the first report due after the Approvals Date. The meeting is held on property no Public Approver owns or operates (Section 2.4(a)) and is not a negotiation or a County proceeding (Section 4.5(d)); see the cautions above | Parties' negotiation | | Exhibit A, item 2A | Whether the other permits it lists also count for Section 4.4 (copies of filings) | Keep the bracket where the Community Party should also receive the Developer's filings on those state, regional and federal permits. Either way they are Approvals only for the purposes the item names, and do not move the Approvals Date or the support letter duty | Parties' negotiation | | 5.1(a) | Commitment ratio R | Parties' negotiation. The bracketed 0.5 percent is the author's illustration. No adopted instrument takes a share of a private facility's computing capacity; the nearest analog, EuroHPC, is publicly funded | Parties' negotiation | | 5.1(d) | Related data centers: look-back [thirty-six (36) months]; distance [one (1) mile] | Parties' negotiation. The test follows the Development Unit of the model Standards (Std. Secs. 2 and 3(c) to (f)), which the model ground lease uses to bar related development unless the land is brought into the lease (Lease Section 6.6); the private agreement bars nothing and counts the related facility's equipment instead. Shared infrastructure is evidence of common control, as in Lease Section 6.6; common control is stated in the Standards' own terms (Std. Sec. 2), and the look-back runs from the related facility's application or the Project's. The count follows the affiliation: a facility sold to a buyer that is not an affiliate, and in which neither the Developer nor an affiliate keeps an interest, stops counting | Parties' negotiation | | 5.2(a); Exhibit A, item 4 | Election (payment, capacity or mixed) and the share in kind | The Community Party, at signing. A capacity or mixed Election takes effect only on the conditions of Section 5.2(b) | Parties' negotiation | | 5.8(b); Exhibit A, item 5 | Holding form; Fund Holder and successor; acceptance periods | Parties' negotiation. The Community Party chooses the account form only on its board's written finding, made with tax advice, that the payments will not cause it to fail its public support test (Section 5.8(a); Open Legal Questions, Q42) | IRC ss. 170(b)(1)(A)(vi), 509(a)(1) | | 5.3; 5.6(b); 5.9(c) to 5.14 | Change of Election and valuation periods; optional grants and purposes; Grant Policy and fund agreement terms; Reserve Share; optional durable share | Parties' negotiation. No purpose the Parties add includes or pays for any means of surveillance of members of the public (Section 5.10(c)) | Parties' negotiation | | 5.17; Exhibit B, item 4 | Administration Payment basis and cap; reserve, continuity and transition periods | Parties' negotiation. The cap limits the Administration Payment only: Module Section 1.5(f) pays the Recipient's documented administration cost above it (Section 5.17(d)), so the cap decides how the Developer's payments are split, not whether the host bears cost. A dispute about the budget or a statement, for either payment, goes to one neutral under Module paragraph T-26 | 2 C.F.R. 200.1, 200.403(d), 200.412, 200.414(f) | | 6.1 to 6.4; Exhibit B, item 2 | Readiness Payment amounts and timing; optional CPI-U adjustment; share of the second payment usable to prepare instruction; Stall period and its notice, acceptance and objection periods | Parties' negotiation. Where Module Section 1.5(g) may apply to the host, size the Readiness Payments to cover the Access Institutions' preparation as well as the host's (Section 6.2(b)(v)) | Parties' negotiation | | 7.1 to 7.4 | First-source lead time; state college; staffing plan period and years covered; coordination meetings a year; optional apprenticeship goal; delivery period for the training equipment; maintenance, replacement and parts years | Parties' negotiation. A Section 7.4 delivery period that ends before the Operations Commencement Date of the first Phase lets residents train on the equipment before operations begin; a later one gives the Developer more time to deliver it and delays that training. Section 7.2 measures coordination by meetings offered in writing to each named body and held with each that accepts, each reported under Section 4.3 | 29 C.F.R. Part 29; ch. 446 for Section 7.3 | | 8.7; Exhibit A, item 6 | Other commitments | Parties' negotiation. State each other commitment as a duty a stranger could apply: who acts, what is done, by when, and how delivery is shown. A goal or an effort is reported under Section 4.3 but cannot be enforced as a result. No other commitment includes or pays for any means of surveillance of members of the public, or any grant, device or service for a law enforcement agency other than for emergency services (Section 5.10(c)) | Parties' negotiation | | Exhibit A, items 9 and 10 | Incentives received or applied for; training equipment list and the security for its maintenance, replacement and parts | The Developer lists the incentives and reports changes under Section 4.3(a). The Parties and [STATE COLLEGE] set the equipment list from the trades and technologies the Project uses; the security amount follows the list and the replacement cycle | Parties' negotiation | | 9.1; 9.2; Exhibit D | Years of security; optional step-down; issuer and surety ratings; renewal, cancellation and replacement periods, including the second replacement period after a watch for downgrade, enforcement action or capital directive (Section 9.2(f)); form of security | Parties' negotiation. A non-extension or cancellation notice of 120 days in Section 9.2(c) and (d) follows 40 C.F.R. 264.143(d)(5) and (b)(8), as Module Section 1.20(d) does; check it against the Agreement's own draw point. A second replacement period shorter than the period after a rating fall moves the security sooner from an issuer or surety under a watch for downgrade, enforcement action or capital directive; a longer one gives the Developer more time to arrange replacement (Open Legal Questions, Q32). A bond that secures a payment of money is issued only by an insurer licensed to transact financial guaranty insurance in Florida (Section 9.2(a); Open Legal Questions, Q31). No parent guaranty or self-bond qualifies (Section 9.1(d)); for the reason, see the Std. Sec. 14(b)(1) row above | ch. 675; Department of the Treasury Circular 570; ss. 627.971, 627.973 for a bond securing money | | 4.3(a); 9.1(e) | Days after a due date before an unconfirmed delivery ends a step-down | Parties' negotiation. Where a recipient may not answer, the Parties may name a neutral to confirm delivery | Parties' negotiation | | Exhibit B, items 1, 3, 5 | Community Payment basis (a rate per megawatt, Replacement Cost, or the greater of the two); Grant Administration caps and the limit for preparing the Grant Policy; Monitoring Fund amount and cap | Parties' negotiation | Parties' negotiation | | 10.1 to 13.5; Exhibit A, item 7; Exhibit C | Per-certificate review limit, review frequency, and days to pay review costs above the limit (Section 10.1(b)); cure, mediation, recording and estoppel periods; anniversary and interval for preservation notices [25 years] (Section 12.8); force majeure notice and restoration periods; months of business interruption cover (Section 11.5(d)); Approvals outside date; term and wind-down; optional Legacy Reserve; expected end date of operations; Host Institutions | Parties' negotiation | Parties' negotiation; ss. 712.05, 712.06 for Section 12.8 | | Clause Bank 7.7(b) | Wage floor | Parties' negotiation. Agreement Section 11.3(c) keeps political subdivisions from holding or enforcing it | s. 218.077(1)(f) | | Clause Bank 7.7(a) | Automation transition: replacement window and presumption period; notice threshold and period; first-right period and training weeks; retraining hours, tuition cap and window; severance formula | Parties' negotiation. A notice threshold below the federal thresholds extends the notice to reductions the Worker Adjustment and Retraining Notification Act does not reach; a higher one confines it to larger reductions, which the Act is more likely to reach as well (29 U.S.C. 2101(a) and 2102(a)). Item (iv) gives each affected employee the stated hours of training, or fewer at the employee's choice, or tuition and fees up to the cap for programs the employee chooses. Item (v), severance, is bracketed: do not use it until counsel answers whether a duty the Community Party can enforce, applied to each elimination over the term, is an ERISA plan (Open Legal Questions, Q53). A one-time severance by formula on a single event is not one (Supreme Court, 1987, 482 U.S. 1); a continuing scheme in which the employer judged each case was (First Circuit, 1993, 6 F.3d 849). Tuition paid from the Developer's general assets is not an ERISA plan (29 C.F.R. 2510.3-1(k)). Drawn from the Model Incentive Conditions Agreement, sections 6 and 6A. Agreement Section 11.3(c) keeps political subdivisions from holding or enforcing it | 29 U.S.C. 2105; s. 443.101(3)(b) | | Clause Bank 7.7(c) | Community child care | Terms to be drafted; not usable until written. Scoped to licensed slots for residents, paid to the early learning coalition or licensed providers | Parties' negotiation | | Clause Bank form for Section 8.7 | Heritage of the site: parking spaces, hours and notice for visits; buffer; marker and public history period; yearly records and research payment and its years; the organization named; whether to extend access to its members, keep upkeep after the use ends, or provide terms on adjoining land with that owner's consent | Parties' negotiation. Use it only where a cemetery, burial ground or historic site lies on or adjoins the Project Site. Section 704.08 already gives the relatives and descendants of anyone buried in a cemetery an easement to visit it at reasonable times, and lets the landowner designate the route; the form designates the route, adds parking and upkeep, and does not narrow the statute. Access turns on descent from a person buried there, which the statute sets, and every other benefit is open to all: a contract limited by race is substantially likely to violate 42 U.S.C. 1981 (Eleventh Circuit, 2024, 103 F.4th 765). The organization may not be a Barred Person, so a County museum, library or park cannot receive, and the marker may not stand on land a Public Approver owns or operates (Section 2.4); the research help may not fund instruction (Section 5.10(b)). The organization enforces after notice, cure and mediation, as a Party would (Sections 11.1, 11.2). Use paragraph (a) only for a cemetery whose location is already public or that the organization and the persons s. 704.08 covers want made accessible, because the recorded route and the published agreement would otherwise disclose what Std. Sec. 11A(e) protects. Executed precedent: data center proffers in Loudoun County VA (2018: land and $500,000 for the County's site interpreting the lives of enslaved people; the conveyance is not confirmed) | Parties' negotiation; s. 704.08; ch. 872 | | Clause Bank form for Section 8.7: water for heat rejection | Whether to use paragraph (b) | Parties' negotiation. Section 373.217 preempts regulation of the consumptive use of water; a promise between private parties is not regulation, and no provision of Part II of chapter 373 requires anyone to use groundwater (Mostly yes (confirm); no decision found; Open Legal Questions, Q52(e)). The promise has a fair argument to run with the Project Site under Section 12.6, as a burden on the land's use, but a purchaser at foreclosure of a mortgage recorded before the memorandum will likely take free of it (Open Legal Questions, Q26). Its working remedy is specific performance under Section 11.3(a). The County takes no part in it (Std. Sec. 16(b)) | Parties' negotiation; s. 373.217 | | Clause Bank 8.2, 8.4, 8.6 | Recovered-heat offer interval; trench distance and fiber strands; optional cooperative | Parties' negotiation | Parties' negotiation | | Clause Bank 8.5 | Facilities named (schools of the district, including schools used as public shelters or as cooling or warming centers; cooling and warming centers and other community facilities); critical loads and run time; whether to add satellite communications, and the years of paid service | Parties' negotiation. Name only facilities that no Public Approver owns or operates, as Module Section 1.2 defines operation, and a school only where the school district is not a Public Approver (Agreement Section 2.4(a)). A school another body runs is not operated by the County only because a shelter or a cooling or warming center opens there. Name no Designated Emergency Facility under Module M2 (Section M2.1(f)) and no facility a County impact fee study identifies for emergency power; those are the County's mitigation. Size the equipment to each facility's critical loads, including cooling or heating at a cooling or warming center, with transfer equipment and fuel or stored energy on site for the run time Exhibit A states. Terminals alone add little where the State keeps a cache with county emergency operations centers; the term counts only with paid service, power for the terminals and replacement | Parties' negotiation | --- ## AUTHOR *Prepared by Timothy Smith · Citizen-prepared working draft · Not legal advice.* *Citizen-prepared. Not legal advice. The author is not licensed to practice law and is not affiliated with, and does not write on behalf of, any university, law school, clinic, law firm, or governmental body. No attorney-client relationship is created by this document or by any use of it. Any jurisdiction considering adoption should obtain review by licensed counsel admitted in that jurisdiction.* *The release notes (CHANGELOG) published with each release identify its contents and the current version of each instrument.*