Florida's data center build out reaches a quiet but important checkpoint on Tuesday, Nov 3, when the Florida Public Service Commission takes up the large load tariffs that the state's three investor owned electric utilities filed under the new data center law. Florida Power and Light, Duke Energy Florida and Florida Public Utilities each have a docket on the Commission Conference agenda, and each one sets the terms a 50 megawatt and larger customer will sign before the power comes on. The official record for the FPL filing sits on the Florida PSC docket 20260149 page for FPL's large load contract service tariff, with companion pages for Duke Energy Florida docket 20260064 and Florida Public Utilities docket 20260148.
For developers, contractors, brokers and large energy users, the agenda is a road map for how Florida plans to welcome hyperscale demand while keeping costs where they belong, under the rules in FPL's Section 8 large load tariff sheets.
What does it mean when the Florida PSC suspends a data center tariff?
A suspension is a procedural step that gives the Commission more time to review a filed tariff. It is not a rejection, and the utility's filing stays open while staff and commissioners finish the review.
What Is on the Nov. 3 Agenda
The PSC docket pages list three separate items that land on the same Commission Conference.
- FPL, docket 20260149: a petition for approval of a limited tariff revision and a finding that FPL's existing large load contract service tariff complies with Section 366.043(8), Florida Statutes. Staff filed a recommendation to suspend the tariffs on Oct. 22, the Nov. 3 conference is listed as "Suspend Tariffs," and an order suspending the tariff is due Nov. 23. A revised schedule is due Dec. 1.
- Duke Energy Florida, docket 20260064: a petition for a limited proceeding to approve a large load tariff. This docket is further along. The Commission suspended the tariff earlier in the year, held an evidentiary hearing that began Aug. 25, received briefs on Sept. 15 and received a staff recommendation on Oct. 22. A standard order is due Nov. 23 and the docket is scheduled to close Nov. 30.
- Florida Public Utilities, docket 20260148: a petition for authority to implement a large load service tariff. Staff filed its recommendation Oct. 22, the item is on the Nov. 3 agenda, and an order suspending the tariff is due Nov. 23, with a revised schedule due Dec. 1.
Put simply, FPL and FPUC are at the start of the formal review, and Duke is near the end. The Duke docket shows how the process works in practice: a suspension in June was followed by testimony, a hearing and a decision months later.
Why Suspension Is Routine
Florida law gives the PSC a limited window to act on a new tariff filing. When a filing raises questions that need more study than that window allows, the Commission can suspend the tariff, which pauses it from taking effect while the review continues. The FPL and FPUC docket schedules both list a "Revised CASR," the Commission's case schedule, due Dec. 1, which is the next marker for anyone tracking timing.
For an owner or developer, the practical reading is simple. A suspended tariff is a tariff still under review. FPL's existing large load rates, approved in the utility's 2026 to 2029 rate case, remain the rates on file while the compliance question moves forward.
What SB 484 Requires
The 2026 data center law, SB 484, added Section 366.043 to Florida Statutes. According to the Florida Senate bill summary for SB 484, the law sets the framework for how utilities serve very large customers. Key provisions include:
- A large load customer is one with 50 megawatts or more at a single site, and loads at the same site are counted together.
- Splitting load across meters to dodge the threshold is not allowed.
- The large load customer pays its full cost of service.
- Utilities may not serve customers tied to foreign countries of concern.
- Curtailment must remain available to protect the grid.
- Utilities had to file compliant tariffs by Oct. 1, 2026.
The law is also the source of the separate 100 megawatt sales tax exemption that developers ask about most. That tax piece is covered in depth in the Gazette breakdown of SB 484's 100 MW tax exemption and cost stack.
What FPL Actually Charges a Data Center
FPL's own tariff book, Section 8 of its electric tariff, lists two large load schedules, both effective Jan. 1, 2026. The figures below come directly from FPL's tariff sheets 8.950 through 8.953.
LLCS 1 is available only in specific zones near FPL's existing 500 kV transmission lines: the Sunbreak area in St. Lucie County, Tesoro in Martin County and Sugar in Palm Beach County. It applies to a customer with projected new or incremental load of 50 MW or more at a single location and a projected load factor of 85 percent or more. The schedule is capped at a combined 3 gigawatts and closes once that cap is fully subscribed.
LLCS 1 monthly rates, per the tariff sheet:
- Base charge: $669.00
- Base demand charge: $14.61 per kW of demand
- Base non fuel energy charge: 0.758 cents per kWh
- Incremental generation charge: $11.67 per kW of demand
- Additional billing adjustments per FPL sheet 8.030
LLCS 2 covers every FPL area not served by LLCS 1, with the same 50 MW and 85 percent load factor test, limited to FPL's available capacity based on the estimated in service date.
Other terms written into the LLCS 1 sheets:
- Service at transmission voltage of 69 kV or higher, with dedicated metering at each single location. Load cannot be aggregated across sites.
- A minimum term of 20 years from the in service date, including the load ramp period.
- Two years' written notice to terminate, with early termination charges set in the LLCS Service Agreement.
- A minimum monthly bill that, after the ramp period, counts demand at no less than 70 percent of contract demand or the highest billing demand in the prior 11 months, plus the incremental generation charge on full contract demand.
- The customer pays for system impact and engineering studies and any contribution in aid of construction before signing the service agreement.
FPL's Oct. 1 release on its data center rate structure describes the same framework in plain terms: data centers fund an engineering study, fund 100 percent of the new generation needed to serve them, meet collateral and credit requirements, build their own substation and accept a minimum bill and a 20 year contract with an exit fee. FPL says the PSC unanimously approved that structure in November 2025.
Who Is Protected
Residential and small business customers are the group the law and the tariffs are written to shield. FPL's position in its filing is that the rate structure it already has "satisfies the customer protection requirements" of the new law. The PSC review now underway is the formal test of that claim. The incremental generation charge, the minimum bill and the long contract term are the tools meant to keep the cost of new plants with the customers who need them.
For a typical storefront or office owner on an FPL general service rate, nothing in the Nov. 3 agenda changes a monthly bill directly. The question in front of the Commission is how the very largest new customers pay.
What It Means for South Florida Projects
South Florida has several large projects that sit right on top of these rules. Palm Beach County's Project Tango, Miami-Dade's Project Apollo and the Pembroke Park campus in Broward each depend on utility service terms that match their size. The Sugar zone in Palm Beach County is one of only three LLCS 1 zones in FPL's territory, which is why Palm Beach landowners, site selectors and contractors have the closest stake in how the tariff settles.
For contractors and suppliers, the schedule details matter as much as the price. Transmission voltage service, a customer built substation and pre paid studies mean early, bid ready work on electrical, civil and site packages. The Gazette contractor guide to FPL's 8 GW data center target lays out where that work tends to show up first.
Data centers bring construction payrolls, long term technical jobs and a large new property tax base, and a predictable tariff is one of the things that lets those projects reach a final investment decision. A clear PSC process helps every side plan.
What Owners Should Watch After Nov. 3
- The Commission's vote on each item at the Nov. 3 conference.
- The order suspending the FPL and FPUC tariffs, due Nov. 23.
- The standard order in the Duke docket, also due Nov. 23.
- The revised case schedules for FPL and FPUC, due Dec. 1, which set the next filing and hearing dates.
- Any update to FPL's Section 8 tariff sheets once the review ends.
Questions about a docket can go to the PSC Office of Commission Clerk at 850 413 6770 or Clerk@psc.state.fl.us.
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Sources
- Florida PSC, docket 20260149 (FPL): https://www.floridapsc.com/clerks-office-dockets-level2?DocketNo=20260149
- Florida PSC, docket 20260064 (Duke Energy Florida): https://www.floridapsc.com/clerks-office-dockets-level2?DocketNo=20260064
- Florida PSC, docket 20260148 (Florida Public Utilities): https://www.floridapsc.com/clerks-office-dockets-level2?DocketNo=20260148
- FPL electric tariff, Section 8, sheets 8.950 to 8.953: https://www.fpl.com/rates/pdf/electric-tariff-section8.pdf
- FPL news release on its data center rate structure, Oct. 1, 2026
- Florida Senate, SB 484 bill summary: https://www.flsenate.gov/Committees/billsummaries/2026/html/484
Related
- SB 484: the 100 MW data center tax exemption and owner cost stack
- FPL's 8 GW data center target: a Florida contractor guide
- Sundaze Gazette newsletter
Key Facts for Owners and Search
When does the Florida PSC vote on data center large load tariffs?
The Florida Public Service Commission takes up the large load tariff items for FPL, Duke Energy Florida and Florida Public Utilities at its Commission Conference on Tuesday, Nov. 3, 2026. Staff recommendations in all three dockets were filed Oct. 22, and the orders that follow are due Nov. 23 on the PSC docket pages.
Does a PSC tariff suspension mean the data center tariff was rejected?
No. A suspension is a procedural step that gives the Commission more time to review a filed tariff before it takes effect. The filing stays open, staff keeps working, and the Commission decides later. Duke's large load tariff was suspended in June 2026 and then went through testimony, an August hearing and a later decision.
What does FPL charge a data center under the LLCS 1 tariff?
FPL's tariff sheet lists a $669 monthly base charge, a base demand charge of $14.61 per kW, an energy charge of 0.758 cents per kWh and an incremental generation charge of $11.67 per kW of demand, plus billing adjustments. It applies to new loads of 50 MW or more with an 85 percent load factor.
Where is FPL's LLCS 1 data center tariff available?
LLCS 1 is limited to three zones near FPL's 500 kV transmission lines: Sunbreak in St. Lucie County, Tesoro in Martin County and Sugar in Palm Beach County. The schedule is capped at a combined 3 gigawatts. Large loads elsewhere in FPL territory fall under LLCS 2, which is limited by available capacity.
Will data centers raise small business electric bills in Florida?
SB 484 requires large load customers of 50 MW or more to pay their full cost of service, and FPL's tariff adds a 20 year minimum term, a minimum bill and an incremental generation charge. FPL says these terms keep data center costs off other customers. The Nov. 3 agenda does not change general service rates.
