Florida’s AI Legislative Landscape: A Comprehensive Study
As Florida’s 2026 Legislative Session approaches, the focus on artificial intelligence (AI) is set to intensify among policymakers in Tallahassee. With calls for greater regulation driven by Governor Ron DeSantis, the legislature has already filed at least 32 bills addressing various aspects of AI, from embracing the technology to outright bans.
Existing Protections and Legislative Background
Before deliberating on new proposals, it is crucial for legislators to review the protections that Florida has already enacted. The House initiated discussions on AI with their inaugural AI Week, where various agencies, industries, and practitioners convened to share insights on the emerging technology.
During these discussions, Leo Schoonover, Chief Information Officer at the Department of Health, urged lawmakers to “set the floor, not the ceiling” in terms of accountability. This sentiment is backed by a strong foundation of existing laws that address many concerns surrounding AI.
Accountability Framework
Over recent years, Florida has established a robust “floor” of accountability for AI technologies, often without deliberate intention. Testimonies before House committees have highlighted that the state’s existing legal framework effectively addresses many AI-related concerns.
The principles of accountability apply universally, regardless of the technology used—be it a chatbot, image generator, or diagnostic tool.
Case Examples of Existing Laws
One significant example is Florida’s protections against the unauthorized commercial use of an individual’s likeness. This legislation dates back to 1967, long before the advent of generative AI. The law imposes penalties on those profiting from an individual’s identity without consent, focusing on the act of transgression rather than the technology employed. Thus, unauthorized use remains illegal, whether the image is captured by conventional means or generated algorithmically.
Similarly, the Florida Bar has indicated that lawyers who cite AI-generated cases face disciplinary actions under established ethics rules, while healthcare providers confirm that physicians are fully liable for any incorrect AI-assisted diagnosis under existing malpractice standards.
Addressing Regulatory Gaps
Where regulatory gaps have emerged, the Florida Legislature has acted to close them. Since 2022, the Legislature has affirmed that promoting altered sexual depictions without consent is illegal, notably exemplified by the passage of “Brooke’s Law.” In 2024, new requirements were introduced for political advertisements to include transparency disclosures when AI is used in content creation.
These legislative efforts extend a process-neutral approach to new contexts, emphasizing the harm caused rather than the technology used to perpetrate it. If future gray areas arise, Florida is positioned to apply the same principles when drafting new protections.
Conclusion: A Model for Future Legislation
Florida’s AI Week serves as a model for engaging with novel technologies, allowing legislators to hear directly from those who interact with AI tools daily. This informed deliberation exemplifies effective policymaking.
Through decades of process-neutral law, Florida has established a solid foundation of consumer protection, with recent legislation addressing emerging gaps. As the upcoming session unfolds, legislators face the opportunity to build upon this foundation, deciding whether to trust the existing framework that is already in place.
