Gov. Ron DeSantis indicated that the state is moving forward with its own Artificial Intelligence (AI) Bill of Rights legislation, despite a recent executive order by President Donald Trump establishing a universal AI policy for all 50 states.
The governor committed to the plan during a roundtable discussion on AI at Florida Atlantic University's Wilkes Honors College in Jupiter this week.
"First of all, an executive order can't block the states," DeSantis said. “You can preempt states under Article 1 powers through congressional legislation on certain issues, but you can’t do it through executive order."
Gov. DeSantis, however, noted the state's plan was similar in rollout to Trump's.
"Even reading it very broadly, I think the stuff we're doing is going to be very consistent," DeSantis said. Irrespective, clearly we have a right to do this."
He also dismissed the possibility of legal challenges if places like California and Colorado do "really crazy things" under the Dormant Commerce Clause.
"The reality is, I don't anticipate that even happening against any of the stuff we are doing here in Florida," DeSantis said. "But if it does, I think we would be well-positioned to be able to prevail on that."
Gov. DeSantis announced his initiative for an AI bill of rights in early December. The plan includes data protections against Chinese influence, safeguards for individuals over their name, image, and likeness (NIL), security for Florida businesses, protections for children and parents against AI chatbots, and more.
"This will be very far-reaching with consumer protections. It will do things like fortify some of the protections we have in place for things like deep fakes and use of explicit material, particularly those that depict minors," DeSantis said at the time.
The governor also pledged to stop data centers from emerging in the state.
President Trump initially announced plans for a "one rulebook" AI policy for the country in a Truth Social post last week. He signed an executive order establishing the guidelines a few days later.
"My Administration must act with the Congress to ensure that there is a minimally burdensome national standard — not 50 discordant State ones," the executive order reads. "The resulting framework must forbid State laws that conflict with the policy set forth in this order. Until such a national standard exists, however, it is imperative that my Administration takes action to check the most onerous and excessive laws emerging from the States that threaten to stymie innovation."
