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Florida’s ‘AI Bill of Rights’: What happened, what’s in it, and what’s next?

Ron DeSantis gives an address.
Gary McCullough
/
AP
FILE: Florida Governor Ron DeSantis gives his State of the State address during a joint session of the Senate and House of Representatives in Tallahassee, Fla., Tuesday, Jan. 9, 2024.

For the second time in two months, Gov. Ron DeSantis is trying to drive his “AI Bill of Rights” through the Florida Legislature.

He’s one of few Republicans carving out an anti-artificial intelligence path, one that bucks President Donald Trump and his tech titan allies. The governor’s push comes after the state House, staunchly opposed to most DeSantis ideas under the leadership of Speaker Danny Perez, refused to touch the “AI Bill of Rights” even after the Senate approved the measure during the regular session.

But as lawmakers head into next week’s four-day special session, scheduled for April 28 to May 1, will the “AI Bill of Rights” — a sweeping state-level measure to lay guardrails for the power of artificial intelligence in Florida — pass?

A Miami Republican, Speaker Perez isn’t so sure. He thinks AI regulation should be left to the federal government, in alignment with a Trump executive order and federal legislation that would limit states’ abilities to pass AI-restrictive legislation.

“There isn’t a mandate somewhere in that executive order or somewhere in that proposed legislation for states to kind of take the initiative and have 50 different proposals on artificial intelligence,” Perez said during a Sunday appearance on Glenna Milberg’s “This Week in South Florida.”

READ MORE: AI ‘Bill of Rights’ emerges in Florida Senate

DeSantis’ move to resuscitate the legislation comes as the rest of the Republican Party pulls away from AI regulation. Along with Trump’s mandate to preempt most state-level AI legislation, his administration reached out to Perez to discourage Florida’s AI Bill of Rights. U.S. Rep. Byron Donalds, the Republican favored to succeed DeSantis, received a $5 million donation last month from one of the top pro-AI super PACs in the nation.

This stiff opposition casts serious doubt on the AI Bill of Rights’ second chance at life.

What’s in the bill?Florida Senate President Ben Albritton said the special session’s iteration of the AI Bill of Rights will be identical to the regular session’s version. However, the bill has yet to be re-filed for next week.

That bill would have banned companion chatbots — AI systems that mimic emotional connection — from speaking to minors without parental consent, and require bots to remind users they are not human.

“There’s an inherent evilness when we allow machines to create and sustain a relationship that a user believes to be real,” bill sponsor Sen. Tom Leek said from the Senate floor.

DeSantis, meanwhile, has warned that unfettered AI access will usher in “an age of darkness and deceit.”

The Phoenix previously reported that AI companies that violate the bill would have a 45-day “cure period” to fix any mistakes. If they don’t, or if the attorney general deems their violations too egregious, they could face $50,000 fines.

The platforms could also have to pay up to $10,000 to a minor it recklessly allows onto its server without parental consent.

Companion chatbots wouldn’t include software used primarily by businesses, theme parks, or “artificial intelligence instructional tools,” used in schools, the bill says.

A parent could opt-out their child from using AI tools at school. Elementary schools would be banned from providing access to AI unless school personnel supervises the use; it is for translation support for English learners; or for disability accommodations.

Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: info@floridaphoenix.com.

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