Governor Ron DeSantis is championing an Artificial Intelligence or AI Bill of Rights to protect Floridians. He has also proposed legislation that would remove any responsibility for Florida citizens to pay for AI data centers and empower local governments to reject data centers in their communities. However, dueling bills in the Florida Senate and House make it unclear what shape this legislation will take, if any at all. The Lomnitzer Firm P.A. is a cyber and internet law firm in Florida designed to help individuals, families, and companies understand the scope of these potential laws in Florida’s evolving digital landscape.
The Proposed Artificial Intelligence Bill of Rights
The original incarnation of the Artificial Intelligence Bill of Rights in Florida addressed various aspects of artificial intelligence and AI data centers, with a focus on privacy, security, and protection. Some of the relevant provisions include:
DeSantis’s proposed data center legislation is designed to protect consumers from paying for various aspects of data centers, including utility costs. The legislation bars taxpayer subsidies and allows local governments to refuse data center construction. Other topics addressed in the legislation include safeguarding water resources, protecting natural land, and limiting noise pollution.
The Florida Senate’s version of the AI Bill of Rights (SB 482) has advanced. However, its success remains subject to the ability to move forward companion bills in the House (HB 1395 and HB 659). The House currently has stalled both of its bills in committees due to escalating disagreements between DeSantis and House Speaker Daniel Perez.
Some experts are warning about the disadvantages of large AI data centers, including massive water and electricity consumption that will undoubtedly drive up prices for residents. Increased use could also strain the state’s power grid. DeSantis claims this legislation is necessary to protect residents from these increased costs and to avoid the failure of the power grid.
However, Perez has mounted a significant campaign against the DeSantis plan, vowing to no longer “rubber-stamp” the Governor’s priorities. He has also raised concerns that the AI Bill of Rights will conflict with AI standards that the federal government has recently proposed. Perez cites the rapid development of AI technology as a complicating factor in the debate, warning that “short-term legislative choices can have serious long-term consequences.”
The standoff between DeSantis and Perez is also adversely affecting other legislative priorities, such as property tax elimination and the state budget. Without reconciliation between the two, consumer protections could remain in limbo.
Both HB 1395 and related proposals would significantly restrict how Florida governmental entities contract for AI tools. Under HB 1395, agencies would be prohibited from entering, renewing, or extending contracts with certain AI providers unless the vendor meets strict transparency and safety requirements. These include disclosures about data handling, algorithmic behavior, and compliance with state‑mandated safeguards. The goal is to prevent government reliance on opaque or high‑risk AI systems and ensure Floridians’ data is not misused.
HB 1395 would create a set of consumer‑focused protections, including limits on how AI companies can use, sell, or disclose personal information. The bill also prohibits commercial exploitation of an individual’s name, image, or likeness without consent—an increasingly important issue as generative AI tools become more capable of producing realistic synthetic media. These rights are designed to give Floridians more control over how AI systems interact with their personal data and digital identity.
SB 482 authorizes the Florida Attorney General to enforce violations, including civil penalties, injunctive relief, and orders requiring companies to correct non‑compliant AI practices. Penalties may be higher when violations involve deceptive AI use, misuse of personal data, or harm to minors. Because enforcement actions can be costly and reputationally damaging, businesses using AI tools should proactively assess their systems, update compliance programs, and document their efforts to meet the bill’s requirements if it becomes law.
As Florida moves closer to adopting an AI Bill of Rights for consumers, individuals, and businesses alike will face new questions about data use, algorithmic transparency, and the boundaries of responsible technology. Staying informed—and prepared—is essential as lawmakers continue to refine how artificial intelligence should operate in the state. The Lomnitzer Firm P.A., your cyber and internet law firm in Florida, helps clients understand what these proposed changes mean, anticipates compliance obligations, and takes proactive steps to safeguard their digital rights in an increasingly automated world. Call our office today at (800) 853‑9692 or reach out to us online to begin developing a strategy that keeps you ahead of Florida’s evolving AI landscape.
