North Port moves to ban developer NDAs
A 4-1 commission vote sets in motion an ordinance to remove confidentiality agreements that shield land deals from public view.
By Alessia Desai ·
North Port city commissioners voted 4-1 in September to direct staff to draft an ordinance eliminating non-disclosure agreements for local development projects. The motion, introduced by outgoing Commissioner Phil Stokes, seeks to end what he described as a workaround to Florida’s Sunshine Laws.
The vote responds to public anger over a data center project that remained confidential while a developer acquired roughly 400 acres of quarter-sized lots. When the project was revealed, hundreds of residents gathered at City Hall to voice opposition. The controversy has since made NDAs a central issue in local governance debates.
Florida Statute 288.075 currently permits developers to keep business plans and site-location intentions private for 12 months, extendable by another 12 months, or for 180 days after a final project order. Economic Development Director Michael Meerman defended the practice as standard boilerplate necessary to protect proprietary information. He cited the data center case, where confidentiality prevented a land price war among residents selling their small parcels.
Stokes argued that NDAs allow business to proceed behind closed doors, contradicting the intent of transparency laws. He stated that while he did not accuse anyone of nefarious behavior, the current system allows for a manipulation of legislation that bypasses public scrutiny.
Resident Robin San Vicente echoed these concerns, noting that the data center industry frequently uses NDAs to obscure hyper-scale projects. She contended that the legal framework, including Senate Bill 180, tilts the playing field in favor of developers while leaving residents with limited recourse.
Practices vary across the region. Sarasota County does not allow developers to use NDAs, while Punta Gorda permits them as an uncommon practice. Charlotte County follows state statutes to allow temporary confidentiality, aiming to give businesses time to conduct due diligence without causing public confusion before final decisions are made.
North Port’s new ordinance proposal will be discussed by the commission at a later date. The measure aims to ensure that development-related matters are handled with clear processes while protecting the community's interest in knowing how land use decisions are made.
