Florida Gov. Ron DeSantis released a proposed artificial intelligence “Bill of Rights” for consumers to help guide the deployment and development of the technology statewide. Additionally, DeSantis announced a proposal aimed at preventing Florida residents from paying for hyperscale AI data centers and empowering local governments to prohibit new facilities from being developed in their communities.
“Today, I proposed new legislation on artificial intelligence and AI data centers to protect Floridians’ privacy, security, and quality of life,” said Gov. DeSantis. “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.”
The artificial intelligence proposal would establish an AI Bill of Rights designed to mitigate the potential consumer risks and harms associated with the technology. The announcement represents a conceptual proposal that has not yet been filed in the Legislature. As announced, the proposal would aim to:
- 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 Chinese-created AI tools.
- Prohibit AI from using an individual’s name, image, or likeness (NIL) without their consent.
- Require a notice to consumers when they are interacting with an AI chatbot.
- Prohibit entities from providing “licensed” therapy or mental health counseling through AI. This may be expanded to include the use of AI to imitate a licensed professional.
- Provide parental controls for minors by allowing parents certain access to the conversations their child has with a large language model, set parameters aimed at determining when a child can access the platform, and notify parents if their child exhibits behavior deemed concerning.
- Seek to ensure data input to AI 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.
- Regulate how insurance companies use AI in their claims processes.
- Require that AI cannot be used as the sole determination in adjusting or denying a claim. Insurers would be required to detail their use of AI for claims decisions, and the Office of Insurance Regulation would be allowed to inspect their AI models to help ensure they do not violate fair insurance trade practices.
The data centers proposal is intended to protect consumers from footing the bill for AI data centers. The proposal would:
- Prohibit utilities from charging Florida residents more to support hyperscale data center development, including electric, gas, and water utilities.
- Prevent taxpayer subsidies for the world’s largest technology companies.
- Allow local governments to prohibit data center construction and development.
- Seek to 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. The Florida Department of Transportation would be required to complete noise abatement reviews designed to prevent noise pollution.
Legislation encompassing these proposals is expected to be introduced.
The governor’s full press release can be found here.
Fred E. Karlinsky contributed to this article