Governor Proposes AI Bill of Rights
Governor Ron DeSantis has proposed an Artificial Intelligence (AI) Bill of Rights for Florida consumers. The Governor’s recent announcement also includes protection for Florida consumers against bearing substantial costs associated with the development of AI data centers.
The Governor’s proposals include, “new legislation on artificial intelligence and AI data centers to protect Floridians’ privacy, security, and quality of life.” The Governor added, “Our AI proposal will establish an Artificial Intelligence Bill of Rights to define and safeguard Floridians’ rights—including data privacy, parental controls, consumer protections, and restrictions on AI use of an individual’s name, image or likeness without consent.”
Governor DeSantis’ proposals come as state governments and regulatory bodies wrestle with appropriate parameters for uses of AI. The topic has been the subject of discussion and model regulation development at the National Association of Insurance Commissioners (NAIC) level. In addition, Florida Insurance Commissioner Mike Yaworsky has discussed the need to balance technological developments with consumer safeguards.
The Artificial Intelligence proposal advanced by Governor DeSantis calls for Florida to adopt consumer AI protections that will:
- Reenact protections Florida has already passed against “deep fakes” and explicit material, including those depicting minors.
- Prohibit any state or local government agency from utilizing DeepSeek or any other Chinese-created AI tools.
- Prohibit AI from using an individual’s Name, Image, Likeness (NIL) without consent.
- Require notice to consumers when interacting with AI (such as company chatbots).
- Prohibit entities from providing purportedly “licensed” therapy or mental health counseling through artificial intelligence.
- Provide parental controls for minors which will allow parents to access the conversations their child has with an AI model, set parameters, and notify parents if their child exhibits concerning behavior.
- Ensure data inputted to AI is secure and private.
- Prohibit companies from selling or sharing personal identifying information with third parties and mirror data privacy protections in current law.
- Limit insurance companies from using AI for insurance claims, including requirements that AI cannot be used as the sole determinant in adjusting or denying a claim and that AI uses remain consistent with unfair trade practices laws.
The Data Center component of the Governor’s proposal seeks to protect consumers from absorbing the cost of AI Data Centers. The proposal will:
- Prohibit utilities from charging Florida residents more to support hyperscale data center development, including electric, gas, and water utilities.
- Prohibit taxpayer subsidies for “Big Tech. “
- Allow local governments to prohibit data center construction/development.
- Ensure that water resources are not utilized to the detriment of the public.
- Prevent the construction, siting, or operation of a data center by foreign principals or on land classified as agricultural and/or lands under a greenbelt exemption, and require setbacks and vegetative buffers.
- Require the Florida Department of Transportation to complete noise abatement reviews to protect natural Florida from noise pollution.