Lazaro Aleman
editor@riverbendnews.org
Governor Ron DeSantis is proposing the enactment of a measure to protect consumers by establishing an Artificial Intelligence (AI) Bill of Rights for Floridians, as well as another measure to protect the state’s residents from footing the bill for Hyperscale AI Data Centers.
On Dec. 4, while visiting The Villages in Central Florida, DeSantis is quoted as telling the gathering, “Today, I propose new legislation on artificial intelligence and AI data centers to protect Floridians’ privacy, security and quality of life. 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.”
Among other things, DeSantis said the proposed legislation would reenact protections that Florida has already approved against “deep fakes” and explicit material, including those depicting minors. It would also, he said, prohibit state or local government agencies from utilizing DeepSeek or any other Chinese-created AI tools to protect American data.
Others aims of the proposed legislation are to prohibit AI from using an individual’s name, image or likeness (NIL) without the individual’s consent or tie it to harm or sale of a product (political ads, schemes to defraud already in law); require a notice to consumers when interacting with AI (company chatbots); and prohibit entities from providing “licensed” therapy or mental health counseling through artificial intelligence, which could be expanded to include the use of AI to imitate a licensed professional.
The legislation would also provide parental controls for minors by allowing parents to access their children’s conversations with a large language model; set parameters for when the child can access the platform; and notify parents if their child exhibits concerning behavior.
The legislation would further ensure that data entered into AI systems is secure and private; prohibit companies from selling or sharing personal identifying information with third parties (deidentified); and mirror data privacy protections in current law.
Finally, the legislation would limit insurance companies' use of AI in insurance claims by requiring that AI not be used as the sole basis for adjusting or denying a claim. Insurers that use AI for claims would have to detail the use and allow the Office of Insurance Regulation to inspect the AI model to ensure it did not violate unfair insurance trade practices.
In terms of the proposal to protect consumers from footing the bill for a data center proposal, the legislation would:
• Prohibit utilities from charging Florida residents more to support hyperscale data center development, including electric, gas and water utilities, to protect taxpayers. In other words, there would be no taxpayer subsidies for Big Tech.
• Allow local governments to prohibit data center construction/development in their jurisdictions.
• Ensure that water resources are not utilized to the detriment of the public.
Finally, it would seek to prevent the construction, siting or operation of a data center by foreign principals, or on land classified as agricultural and/or under a greenbelt exemption, and would require setbacks and vegetative buffers.
Lastly, the legislation would require the Florida Department of Transportation to complete noise abatement reviews to protect natural Florida from noise pollution.
Soon after the governor’s announcement, President Donald Trump signed an executive order on Dec. 11 intended to block states from enforcing their own laws regulating AI, including measures that could affect the data centers that power AI. It is not known what effect the executive order might have on DeSantis's proposal.
DeSantis, however, reportedly stated soon after Trump’s executive order limiting states' ability to pass artificial intelligence laws that it wouldn’t prevent Florida from pursuing its policies. The governor is reported to have said that Florida would forge ahead with consideration of AI regulations, despite the president threatening to unleash lawsuits and withhold funding for states that got in the way of federal AI action. DeSantis reportedly said he was confident that any actions taken by Florida would withstand possible federal scrutiny.