Florida Senate - 2026 CS for SB 482
By the Committee on Appropriations; and Senator Leek
576-03006-26 2026482c1
1 A bill to be entitled
2 An act relating to the Artificial Intelligence Bill of
3 Rights; amending s. 287.138, F.S.; defining the term
4 “artificial intelligence”; prohibiting a governmental
5 entity from extending or renewing a contract with
6 specified entities, beginning on a specified date;
7 prohibiting a local governmental entity from taking
8 certain actions relating to contracting with an entity
9 to provide artificial intelligence technology,
10 software, or products unless certain requirements are
11 met, beginning on a specified date; prohibiting a
12 governmental entity from entering into a contract with
13 an entity for artificial intelligence technology,
14 software, or products under certain circumstances;
15 providing a directive to the Division of Law Revision;
16 creating part IX of ch. 501, F.S., to be entitled the
17 “Artificial Intelligence Bill of Rights”; creating s.
18 501.9981, F.S.; providing a short title; creating s.
19 501.9982, F.S.; providing the rights of residents
20 relating to the use of artificial intelligence;
21 authorizing residents to exercise certain rights;
22 providing construction; creating s. 501.9983, F.S.;
23 defining terms; creating s. 501.9984, F.S.; requiring
24 companion chatbot platforms to prohibit a minor from
25 becoming or being an account holder unless the minor’s
26 parent or guardian consents; specifying requirements
27 for contract formation; requiring companion chatbot
28 platforms to provide the minor’s parent or guardian
29 certain options; requiring companion chatbot platforms
30 to terminate certain accounts or identifiers and
31 provide certain options; requiring companion chatbot
32 platforms to make certain disclosures and institute
33 certain measures to prevent their companion chatbots
34 from producing or sharing materials harmful to minors;
35 providing that knowing or reckless violations are
36 deceptive or unfair trade practices or acts;
37 authorizing the Department of Legal Affairs to bring
38 actions under the Florida Deceptive and Unfair Trade
39 Practices Act for such violations; providing civil
40 penalties; authorizing punitive damages under certain
41 circumstances; authorizing the department to grant
42 companion chatbot platforms a specified timeframe in
43 which to cure an alleged violation and to issue a
44 certain letter of guidance upon notification of an
45 alleged violation; authorizing the department to
46 consider certain information when making such
47 determination; providing applicability; authorizing
48 the companion chatbot platform to provide certain
49 information to the department in the event of an
50 alleged violation of certain requirements; prohibiting
51 the department from bringing an action against a
52 companion chatbot platform under certain
53 circumstances; authorizing the department to issue a
54 certain letter of guidance; authorizing the department
55 to bring an action against a companion chatbot
56 platform that fails to cure an alleged violation;
57 providing liability for knowing or reckless violations
58 of specified provisions; providing requirements for an
59 action brought pursuant to the act; providing that
60 certain companion chatbot platforms are subject to the
61 jurisdiction of state courts; providing construction;
62 authorizing the department to adopt rules; creating s.
63 501.9985, F.S.; requiring bot operators to
64 periodically provide a certain notification to a user;
65 providing applicability; authorizing the department to
66 bring actions under the Florida Deceptive and Unfair
67 Trade Practices Act for violations; providing civil
68 penalties; authorizing the department to grant an
69 operator a specified timeframe in which to cure an
70 alleged violation and to issue a certain letter of
71 guidance; authorizing the department to consider
72 certain information when making such determination;
73 authorizing the operator to provide certain
74 information to the department in the event of an
75 alleged violation of certain requirements; prohibiting
76 the department from bringing an action against an
77 operator under certain circumstances; authorizing the
78 department to issue a certain letter of guidance;
79 authorizing the department to bring an action against
80 an operator who fails to cure an alleged violation;
81 providing that certain bot operators are subject to
82 the jurisdiction of state courts; authorizing the
83 department to adopt rules; creating s. 501.9986, F.S.;
84 prohibiting artificial intelligence technology
85 companies from selling or disclosing the personal
86 information of users unless the information is
87 deidentified data; requiring artificial intelligence
88 technology companies in possession of deidentified
89 data to take specified measures to ensure such data
90 remains deidentified; authorizing the department to
91 bring actions under the Florida Deceptive and Unfair
92 Trade Practices Act for violations; providing civil
93 penalties; authorizing the department to grant an
94 artificial intelligence technology company a specified
95 timeframe in which to cure an alleged violation and to
96 issue a certain letter of guidance; authorizing the
97 department to consider certain information when making
98 such determination; authorizing the artificial
99 intelligence technology company to provide certain
100 information to the department in the event of an
101 alleged violation of certain requirements; prohibiting
102 the department from bringing an action against an
103 artificial intelligence technology company under
104 certain circumstances; authorizing the department to
105 issue a certain letter of guidance; authorizing the
106 department to bring an action against an artificial
107 intelligence company that fails to cure an alleged
108 violation; providing that certain artificial
109 intelligence technology companies are subject to the
110 jurisdiction of state courts; authorizing the
111 department to adopt rules; creating s. 501.9987, F.S.;
112 authorizing the department to take certain
113 investigative and compliance actions in connection
114 with potential violations of specified provisions;
115 authorizing the department to adopt rules; amending s.
116 540.08, F.S.; defining terms; prohibiting the
117 commercial use of an individual’s name, image, or
118 likeness created through artificial intelligence
119 without the individual’s or an authorized individual’s
120 consent; providing requirements for the use of the
121 name, image, or likeness of deceased persons;
122 providing penalties for the use of the name, image, or
123 likeness of a servicemember; providing applicability;
124 conforming provisions to changes made by the act;
125 amending s. 1002.42, F.S.; requiring certain private
126 schools to comply with specified provisions; creating
127 s. 1006.1495, F.S.; defining terms; requiring an
128 educational entity to provide parents with specified
129 notice before providing a student with access to an
130 artificial intelligence instructional tool; requiring
131 a parent to be provided the opportunity to opt out of
132 a student’s use of an artificial intelligence
133 instructional tool; providing requirements for such
134 opt-out process; requiring a school district or public
135 school to provide certain activities if the parent
136 opts out of the student’s use of an artificial
137 intelligence instructional tool; requiring an operator
138 to provide student access and simultaneous parental
139 access to a student account for an artificial
140 intelligence instructional tool; providing methods to
141 satisfy certain provisions; specifying that an
142 operator of an educational entity does not have to
143 create or maintain a transcript or record of certain
144 student interactions on the artificial intelligence
145 instructional tool; providing construction; reenacting
146 ss. 540.10 and 743.08(1)(c), F.S., relating to the
147 exemption of news media from liability and contracts
148 entered into by minors, respectively, to incorporate
149 the amendment made to s. 540.08, F.S., in references
150 thereto; providing an effective date.
151
152 Be It Enacted by the Legislature of the State of Florida:
153
154 Section 1. Present paragraphs (a) through (d) of subsection
155 (1) and present subsection (7) of section 287.138, Florida
156 Statutes, are redesignated as paragraphs (b) through (e) and
157 subsection (8), respectively, a new paragraph (a) is added to
158 subsection (1), a new subsection (7) is added to that section,
159 and subsection (3) of that section is amended, to read:
160 287.138 Contracting with entities of foreign countries of
161 concern prohibited.—
162 (1) As used in this section, the term:
163 (a) “Artificial intelligence” means a machine-based system
164 that can, for a given set of human-defined objectives, make
165 predictions, recommendations, or decisions influencing real or
166 virtual environments.
167 (3)(a) Beginning July 1, 2025, a governmental entity may
168 not extend or renew a contract with an entity listed in
169 paragraphs (2)(a)-(c) if the contract would give such entity
170 access to an individual’s personal identifying information.
171 Beginning July 1, 2026, a governmental entity may not extend or
172 renew a contract with an entity listed in paragraph (7)(a),
173 paragraph (7)(b), or paragraph (7)(c).
174 (b) Beginning July 1, 2026, a governmental entity may not
175 accept a bid on, a proposal for, or a reply to, or enter into a
176 contract with, an entity to provide artificial intelligence
177 technology, software, or products, including as a portion or an
178 option to the products or services provided under the contract,
179 unless the entity provides the governmental entity with an
180 affidavit signed by an officer or a representative of the entity
181 under penalty of perjury attesting that the entity does not meet
182 any of the criteria in paragraph (7)(a), paragraph (7)(b), or
183 paragraph (7)(c).
184 (7) A governmental entity may not knowingly enter into a
185 contract with an entity for artificial intelligence technology,
186 software, or products, including as a portion or an option to
187 the products or services provided under the contract, if:
188 (a) The entity is owned by the government of a foreign
189 country of concern;
190 (b) A government of a foreign country of concern has a
191 controlling interest in the entity; or
192 (c) The entity is organized under the laws of or has its
193 principal place of business in a foreign country of concern.
194 Section 2. The Division of Law Revision is directed to
195 create part IX of chapter 501, Florida Statutes, consisting of
196 ss. 501.9981, 501.9982, 501.9983, 501.9984, 501.9985, 501.9986,
197 and 501.9987, Florida Statutes, to be entitled the “Artificial
198 Intelligence Bill of Rights.”
199 Section 3. Section 501.9981, Florida Statutes, is created
200 to read:
201 501.9981 Short title.—This part may be cited as the
202 “Artificial Intelligence Bill of Rights.”
203 Section 4. Section 501.9982, Florida Statutes, is created
204 to read:
205 501.9982 Rights relating to the use of artificial
206 intelligence.—
207 (1) Residents are entitled to certain rights with respect
208 to the use of artificial intelligence, including, but not
209 limited to:
210 (a) The right to use artificial intelligence to improve
211 their own lives and the lives of family members, fellow
212 residents, and the world at large in accordance with the law.
213 (b) The right to supervise, access, limit, and control
214 their minor children’s use of artificial intelligence.
215 (c) The right to know whether they are communicating with a
216 human being or an artificial intelligence system, program, or
217 chatbot.
218 (d) The right to know whether artificial intelligence
219 technology companies are collecting personal information or
220 biometric data, and the right to expect artificial intelligence
221 technology companies to protect and deidentify that information
222 or data in accordance with the law.
223 (e) The right to pursue civil remedies authorized by law
224 against persons who use artificial intelligence to appropriate
225 the name, image, or likeness of others for commercial purposes
226 without their consent.
227 (f) The right to be protected by law from criminal acts,
228 such as fraud, exploitation, identity theft, stalking, and
229 cyberbullying, regardless of whether artificial intelligence is
230 used in the commission of those acts.
231 (g) The right to be protected by law from criminal acts
232 relating to the alteration of existing images to create sexual
233 or lewd or lascivious images or child pornography, regardless of
234 whether artificial intelligence is used in the commission of
235 those acts.
236 (h) The right to know whether political advertisements,
237 electioneering communications, or similar advertisements were
238 created in whole or in part with the use of artificial
239 intelligence.
240 (i) The right to pursue civil remedies authorized by law
241 against others who use artificial intelligence to slander,
242 libel, or defame them.
243 (j) The right to prevent a companion chatbot from engaging
244 with a user as a character that is protected by federal
245 copyright law without the express written consent of the
246 copyright owner.
247 (k) The right to prevent a companion chatbot from engaging
248 with a user as a character that is a living individual without
249 the express written consent of that individual.
250 (l) The right to prevent generative artificial intelligence
251 from using a character that is protected by federal copyright
252 law without the express written consent of the copyright owner.
253 (2) Residents may exercise the rights described in this
254 section in accordance with existing law. This section may not be
255 construed as creating new or independent rights or entitlements.
256 Section 5. Section 501.9983, Florida Statutes, is created
257 to read:
258 501.9983 Definitions.—As used in this part, the term:
259 (1) “Account holder” means an individual who opens an
260 account or creates a profile or is identified by the companion
261 chatbot platform by a unique identifier while he or she is using
262 or accessing the platform, if the platform knows or has reason
263 to believe the individual is a resident of this state.
264 (2) “Artificial intelligence” means a machine-based system
265 that can, for a given set of human-defined objectives, make
266 predictions, recommendations, or decisions influencing real or
267 virtual environments.
268 (3) “Artificial intelligence technology company” means a
269 business or organization that produces, develops, creates,
270 designs, or manufactures artificial intelligence technology or
271 products, collects data for use in artificial intelligence
272 products, or implements artificial intelligence technology.
273 (4) “Bot” means an automated online software application in
274 which all or substantially all of the actions or posts of the
275 account are not the result of a natural person.
276 (5) “Companion chatbot” means an artificial intelligence
277 system with a natural language interface that provides adaptive,
278 human-like responses to user inputs and is capable of meeting a
279 user’s social needs by retaining information on prior
280 interactions or user sessions and user preferences to
281 personalize the interaction and facilitate ongoing engagement,
282 asking unprompted or unsolicited emotion-based questions that go
283 beyond a direct response to a user prompt, and sustaining an
284 ongoing dialogue personalized to the user. The term does not
285 include:
286 (a) A chatbot used only for customer service; a business’s
287 internal operational purposes, productivity and analysis; or
288 uses related to source information, internal research, or
289 technical assistance;
290 (b) A chatbot that is a feature of a video game or theme
291 park and is limited to replies related to the video game or
292 theme park experience and does not discuss topics related to
293 mental health, self-harm, or material harmful to minors or
294 maintain a dialogue on other topics unrelated to the video game
295 or theme park;
296 (c) A stand-alone consumer electronic device that functions
297 as a speaker and voice command interface, acts as a voice
298 activated virtual assistant, and does not sustain a relationship
299 across multiple interactions or generate outputs likely to
300 elicit emotional responses in the user; or
301 (d) An artificial intelligence instructional tool, as
302 defined in s. 1006.1495.
303 (6) “Companion chatbot platform” means a platform that
304 allows a user to engage with companion chatbots.
305 (7) “Deidentified data” means data that cannot reasonably
306 be linked to an identified or identifiable individual or a
307 device linked to that individual.
308 (8) “Department” means the Department of Legal Affairs.
309 (9) “Material harmful to minors” has the same meaning as in
310 s. 501.1737(1).
311 (10) “Minor” means any person 17 years of age or younger.
312 (11) “Operator” means a person who owns, operates, or
313 otherwise makes available a bot to individuals in this state.
314 (12) “Pop-up” means a visible notification on the computer,
315 tablet, or smartphone screen of a user which may be resolved if
316 the user interacts with or responds to the notification.
317 (13) “Resident” means an individual who has resided in this
318 state for more than 6 months during the preceding 12-month
319 period.
320 (14) “Theme park” has the same meaning as the term theme
321 park or entertainment complex as defined in s. 509.013.
322 (15) “User” means an individual who resides or is domiciled
323 in this state and who accesses an Internet website, online or
324 cloud-computing service, online application, or mobile
325 application.
326 (16) “Video game” means a game played on an electronic
327 amusement device that uses a computer, microprocessor, or
328 similar electronic circuitry and its own monitor, or is designed
329 to be used with a television set or a computer monitor, to
330 interact with the user of the device.
331 Section 6. Section 501.9984, Florida Statutes, is created
332 to read:
333 501.9984 Companion chatbot use for minors.—
334 (1) A companion chatbot platform shall prohibit a minor
335 from becoming or being an account holder unless the minor’s
336 parent or guardian provides consent. If a companion chatbot
337 platform allows a minor to become or be an account holder, the
338 parties have entered into a contract.
339 (a) If the minor’s parent or guardian provides consent for
340 the minor to become an account holder or maintain an existing
341 account, the companion chatbot platform must allow the
342 consenting parent or guardian of the minor account holder to:
343 1. Receive copies of all past or present interactions
344 between the account holder and the companion chatbot;
345 2. Limit the amount of time that the account holder may
346 interact with the companion chatbot each day;
347 3. Limit the days of the week and the times during the day
348 when the account holder may interact with the companion chatbot;
349 4. Disable any of the interactions between the account
350 holder and third-party account holders on the companion chatbot
351 platform; and
352 5. Receive timely notifications if the account holder
353 expresses to the companion chatbot a desire or an intent to
354 engage in harm to self or others.
355 (b) A companion chatbot platform shall do all of the
356 following:
357 1. Terminate any account or identifier belonging to an
358 account holder who is a minor if the companion chatbot platform
359 treats or categorizes the account or identifier as belonging to
360 a minor for purposes of targeting content or advertising and if
361 the minor’s parent or guardian has not provided consent for the
362 minor pursuant to subsection (1). The companion chatbot platform
363 shall provide 90 days for the account holder to dispute the
364 termination. Termination must be effective upon the expiration
365 of the 90 days if the account holder fails to effectively
366 dispute the termination.
367 2. Allow an account holder who is a minor to request to
368 terminate the account or identifier. Termination must be
369 effective within 5 business days after the request.
370 3. Allow the consenting parent or guardian of an account
371 holder who is a minor to request that the minor’s account or
372 identifier be terminated. Termination must be effective within
373 10 business days after the request.
374 4. Permanently delete all personal information held by the
375 companion chatbot platform relating to the terminated minor
376 account or identifier, unless state or federal law requires the
377 platform to maintain the information.
378 (2) In connection to all accounts or identifiers held by
379 account holders who are minors, the companion chatbot platform
380 shall do all of the following:
381 (a) Disclose to the account holder that he or she is
382 interacting with artificial intelligence.
383 (b) Provide by default a clear and conspicuous notification
384 to the account holder, at the beginning of companion chatbot
385 interactions and at least once every hour during continuing
386 interactions, reminding the minor to take a break and that the
387 companion chatbot is artificially generated and not human.
388 (c) Institute reasonable measures to prevent the companion
389 chatbot from producing or sharing materials harmful to minors or
390 encouraging the account holder to engage in any of the conduct
391 described or depicted in materials harmful to minors.
392 (3) A knowing or reckless violation of this section is
393 deemed a deceptive or unfair trade practice or act actionable
394 under part II of this chapter solely by the department against a
395 companion chatbot platform. If the department has reason to
396 believe that a companion chatbot platform is in violation of
397 this section, the department, as the enforcing authority, may
398 bring an action against such platform for a deceptive or unfair
399 trade practice or act. In addition to other remedies under part
400 II of this chapter, the department may collect a civil penalty
401 of up to $50,000 per violation and reasonable attorney fees and
402 court costs. If the companion chatbot platform’s failure to
403 comply with this section is part of a consistent pattern of
404 knowing or reckless conduct, punitive damages may be assessed
405 against the companion chatbot platform.
406 (4)(a) After the department has notified a companion
407 chatbot platform in writing of an alleged violation, the
408 department may grant the companion chatbot platform 45 calendar
409 days to cure the alleged violation and may issue a letter of
410 guidance stating that the companion chatbot platform will not be
411 offered another 45-calendar-day cure period for any future
412 violations of this section. The department may consider the
413 number and frequency of violations, the substantial likelihood
414 of injury to the public, and the safety of persons or property
415 in determining whether to grant the companion chatbot platform
416 45 calendar days to cure and issue the letter of guidance.
417 1. The 45-calendar-day cure period does not apply to an
418 alleged violation where the companion chatbot platform willfully
419 or knowingly disregarded the account holder’s age.
420 2. For an alleged violation of paragraph (2)(c), the
421 companion chatbot platform may provide for the department’s
422 consideration information that shows that the reasonable
423 measures taken by the platform include controls aligned with the
424 latest versions of the National Institute of Standards and
425 Technology AI Risk Management Framework, ISO 42001. Such
426 information may include structured interaction logs, status of
427 parental access controls, harm-signal detection and response
428 procedures enacted, and verified deletion events.
429 (b) If the alleged violation is cured to the satisfaction
430 of the department, and proof of such cure is provided to the
431 department, the department may not bring an action for the
432 alleged violation but may issue a letter of guidance stating
433 that the companion chatbot platform will not be offered a 45
434 calendar-day cure period for any future violations of this
435 section.
436 (c) If the companion chatbot platform fails to cure the
437 alleged violation within 45 calendar days, the department may
438 bring an action against such companion chatbot platform for the
439 alleged violation.
440 (5)(a) A companion chatbot platform that knowingly or
441 recklessly violates this section is liable to a minor account
442 holder for up to $10,000 in damages plus court costs and
443 reasonable attorney fees as ordered by the court.
444 (b) A civil action for a claim under this subsection must
445 be brought within 1 year after the date the complainant knew, or
446 reasonably should have known, of the alleged violation.
447 (c) An action brought under this subsection may be brought
448 only on behalf of a minor account holder.
449 (6) For purposes of bringing an action under this section,
450 a companion chatbot platform that allows a minor to become or be
451 an account holder on the platform is considered to be both
452 engaged in substantial and not isolated activities within this
453 state and operating, conducting, engaging in, or carrying on a
454 business, and doing business in this state, and is therefore
455 subject to the jurisdiction of the courts of this state.
456 (7) This section does not preclude any other available
457 remedy at law or equity.
458 (8) The department may adopt rules to implement this
459 section.
460 Section 7. Section 501.9985, Florida Statutes, is created
461 to read:
462 501.9985 Consumer protections regarding bots.—
463 (1) At the beginning of an interaction between a user and a
464 bot, and at least once every hour during the interaction, an
465 operator shall display a pop-up message or other prominent
466 notification notifying the user or, if the interaction is not
467 through a device with a screen, otherwise inform the user, that
468 he or she is not engaging in dialogue with a human counterpart.
469 This section does not apply to a bot that is used solely by
470 employees within a business for its internal operational
471 purposes.
472 (2) A violation of this section is deemed a deceptive or
473 unfair trade practice or act actionable under part II of this
474 chapter solely by the department on behalf of a user of a bot.
475 If the department has reason to believe that an operator is in
476 violation of this section, the department, as the enforcing
477 authority, may bring an action against the operator for a
478 deceptive or unfair trade practice or act. For the purpose of
479 bringing an action pursuant to this section, ss. 501.211 and
480 501.212 do not apply. In addition to any other remedy under part
481 II of this chapter, the department may collect a civil penalty
482 of up to $50,000 per violation and reasonable attorney fees and
483 court costs.
484 (3)(a) After the department has notified an operator in
485 writing of an alleged violation, the department may grant the
486 operator 45 calendar days to cure the alleged violation and may
487 issue a letter of guidance stating that the companion chatbot
488 platform will not be offered another 45-calendar-day cure period
489 for any future violations. The department may consider the
490 number and frequency of violations, the substantial likelihood
491 of injury to the public, and the safety of persons or property
492 in determining whether to grant an operator 45 calendar days to
493 cure and issue the letter of guidance.
494 (b) For an alleged violation of this section, the operator
495 may provide for the department’s consideration information that
496 demonstrates that the operator provides persistent and
497 conspicuous identity indicators and accessible disclosures which
498 are in conformity with the latest versions of the National
499 Institute of Standards and Technology AI Risk Management
500 Framework, ISO 42001.
501 (c) If the alleged violation is cured to the satisfaction
502 of the department and proof of such cure is provided to the
503 department, the department may not bring an action for the
504 alleged violation but may issue a letter of guidance that
505 indicates that the operator will not be offered a 45-calendar
506 day cure period for any future violations.
507 (d) If the operator fails to cure the alleged violation
508 within the 45-calendar-day cure period, the department may bring
509 an action against such operator for the alleged violation.
510 (4) For purposes of bringing an action pursuant to this
511 section, an operator that owns, operates, or otherwise makes
512 available a bot to individuals in this state is considered to be
513 both engaged in substantial and not isolated activities within
514 this state and operating, conducting, engaging in, or carrying
515 on a business, and doing business in this state, and is
516 therefore subject to the jurisdiction of the courts of this
517 state.
518 (5) The department may adopt rules to implement this
519 section.
520 Section 8. Section 501.9986, Florida Statutes, is created
521 to read:
522 501.9986 Consumer protections regarding deidentified data.—
523 (1) An artificial intelligence technology company may not
524 sell or disclose personal information of users unless the
525 information is deidentified data.
526 (2) An artificial intelligence technology company in
527 possession of deidentified data shall do all of the following:
528 (a) Take reasonable measures to ensure that the data cannot
529 be associated with a user.
530 (b) Maintain and use the data in deidentified form. An
531 artificial intelligence technology company may not attempt to
532 reidentify the data, except that the artificial intelligence
533 technology company may attempt to reidentify the data solely for
534 the purpose of determining whether its deidentification
535 processes satisfy the requirements of this section.
536 (c) Contractually obligate a recipient of the deidentified
537 data to comply with this section.
538 (d) Implement business processes to prevent the inadvertent
539 release of deidentified data.
540 (3) A violation of this section is deemed a deceptive or
541 unfair trade practice or act actionable under part II of this
542 chapter solely by the department. If the department has reason
543 to believe that an artificial intelligence technology company is
544 in violation of this section, the department, as the enforcing
545 authority, may bring an action against the artificial
546 intelligence technology company for a deceptive or unfair trade
547 practice or act. For the purpose of bringing an action pursuant
548 to this section, ss. 501.211 and 501.212 do not apply. In
549 addition to any other remedy under part II of this chapter, the
550 department may collect a civil penalty of up to $50,000 per
551 violation and reasonable attorney fees and court costs.
552 (4)(a) After the department has notified an artificial
553 intelligence technology company in writing of an alleged
554 violation, the department may grant the artificial intelligence
555 technology company 45 calendar days to cure the alleged
556 violation and may issue a letter of guidance stating that the
557 artificial intelligence technology company will not be offered
558 another 45-calendar-day cure period for any future violations.
559 The department may consider the number and frequency of
560 violations, the substantial likelihood of injury to the public,
561 and the safety of persons or property in determining whether to
562 grant the artificial intelligence technology company 45 calendar
563 days to cure and issue the letter of guidance.
564 (b) For an alleged violation of this section, the
565 artificial intelligence technology company may provide for the
566 department’s consideration information that shows that the
567 artificial intelligence technology company maintains a risk
568 management program that:
569 1. Validates the company’s information security and privacy
570 controls against a recognized framework aligned with the latest
571 versions of the National Institute of Standards and Technology
572 AI Risk Management Framework, ISO 42001; and
573 2. Includes assessed controls for deidentification,
574 contractual flow-down, non-reidentification, inadvertent release
575 prevention, monitoring, and auditing sufficient to demonstrate
576 that the company is taking reasonable measures to meet the
577 requirements of this section.
578 (c) If the alleged violation is cured to the satisfaction
579 of the department and proof of such cure is provided to the
580 department, the department may not bring an action for the
581 alleged violation but may issue a letter of guidance that
582 indicates that the artificial intelligence technology company
583 will not be offered another 45-calendar-day cure period for any
584 future violations.
585 (d) If the artificial intelligence technology company fails
586 to cure the alleged violation within the 45-calendar-day cure
587 period, the department may bring an action against such
588 artificial intelligence technology company for the alleged
589 violation.
590 (5) For purposes of bringing an action pursuant to this
591 section, an artificial intelligence technology company that
592 produces, develops, creates, designs, or manufactures artificial
593 intelligence technology or products, collects data for use in
594 artificial intelligence products, or implements artificial
595 intelligence technology in this state is considered to be both
596 engaged in substantial and not isolated activities within this
597 state and operating, conducting, engaging in, or carrying on a
598 business, and doing business in this state, and is therefore
599 subject to the jurisdiction of the courts of this state.
600 (6) The department may adopt rules to implement this
601 section.
602 Section 9. Section 501.9987, Florida Statutes, is created
603 to read:
604 501.9987 Investigations.—
605 (1) If, by its own inquiry or as a result of complaints,
606 the department has reason to believe that a person has engaged
607 in, or is engaging in, a practice or an act that violates this
608 part, the department may administer oaths and affirmations,
609 subpoena witnesses or matter, and collect evidence. Within 5
610 days, excluding weekends and legal holidays, after service of a
611 subpoena, or at any time before the return date specified in the
612 subpoena, whichever time period is longer, the party served may
613 file in the circuit court in the county in which it resides or
614 in which it transacts business and serve upon the enforcing
615 authority a petition for an order modifying or setting aside the
616 subpoena. The petitioner may raise any objection or privilege
617 that would be available upon service of a subpoena in a civil
618 action. The subpoena must inform the party served of the party’s
619 rights under this subsection.
620 (2) If the matter that the department seeks to obtain by
621 subpoena is located outside this state, the person subpoenaed
622 may make the matter available to the department or its
623 representative at the place where it is located. The department
624 may designate representatives, including officials of the state
625 in which the matter is located, to inspect the matter on its
626 behalf and may respond to similar requests from officials of
627 other states.
628 (3) Upon the failure of a person, without lawful excuse, to
629 obey a subpoena and upon reasonable notice to all persons
630 affected, the department may apply to the circuit court for an
631 order compelling compliance.
632 (4) The department may request that a person who refuses to
633 comply with a subpoena on the grounds that the testimony or
634 matter may be self-incriminating be ordered by the court to
635 provide the testimony or matter. Except in a prosecution for
636 perjury, a person who complies with a court order to provide
637 testimony or matter after asserting a valid privilege against
638 self-incrimination may not have the testimony or matter so
639 provided, or evidence derived from the testimony or matter,
640 received against the person in any criminal investigation or
641 proceeding.
642 (5) A person upon whom a subpoena is served pursuant to
643 this part must comply with its terms unless otherwise provided
644 by order of the court. A person who fails to appear, with the
645 intent to avoid, evade, or prevent compliance in whole or in
646 part with an investigation under this part, or who removes from
647 any place, conceals, withholds, mutilates, alters, or destroys,
648 or by any other means falsifies any documentary material in the
649 possession, custody, or control of a person subject to a
650 subpoena, or who knowingly conceals relevant information with
651 the intent to avoid, evade, or prevent compliance, is liable for
652 a civil penalty of not more than $5,000 per week in violation,
653 reasonable attorney fees, and costs.
654 (6) The department may adopt rules to implement this
655 section.
656 Section 10. Section 540.08, Florida Statutes, is amended to
657 read:
658 540.08 Unauthorized publication of name, image, or
659 likeness.—
660 (1) As used in this section, the term:
661 (a) “Generative artificial intelligence” means a machine
662 based system that can, for a given set of human-defined
663 objectives, emulate the structure and characteristics of input
664 data in order to generate derived synthetic content, including
665 images, videos, audio, text, and other digital content.
666 (b) “Person” has the same meaning as in s. 1.01.
667 (c) “Servicemember” has the same meaning as in s. 250.01
668 and includes any officer or enlisted member who died from
669 service-connected causes while on active duty.
670 (d) “Surviving children” means an individual’s immediate
671 offspring and any children legally adopted by the individual.
672 (e) “Surviving spouse” means an individual’s surviving
673 spouse under the law of the individual’s domicile at the time of
674 the individual’s death, regardless of whether the spouse later
675 remarried.
676 (2) A person may not publish, print, display, or otherwise
677 publicly use for trade or for any commercial or advertising
678 purpose the name, portrait, photograph, image, or other likeness
679 of an individual created through generative artificial
680 intelligence without the express written or oral consent to such
681 use given by any of the following:
682 (a) The individual.
683 (b) Any other person authorized in writing by the
684 individual to license the commercial use of the individual’s
685 name, image, or likeness.
686 (c) If the individual is deceased:
687 1. A person authorized in writing to license the commercial
688 use of the individual’s name, image, or likeness; or
689 2. If a person is not authorized, any one individual from a
690 class composed of the deceased individual’s surviving spouse and
691 surviving children. A legal parent or guardian may give consent
692 on behalf of a minor surviving child.
693 (3) A No person may not shall publish, print, display or
694 otherwise publicly use for purposes of trade or for any
695 commercial or advertising purpose the name, portrait,
696 photograph, image, or other likeness of an individual any
697 natural person without the express written or oral consent to
698 such use given by any of the following:
699 (a) The individual. Such person; or
700 (b) Any other person, firm or corporation authorized in
701 writing by the individual such person to license the commercial
702 use of the individual’s her or his name, image, or likeness.; or
703 (c) If the individual such person is deceased:,
704 1. A any person, firm or corporation authorized in writing
705 to license the commercial use of the deceased individual’s her
706 or his name, image, or likeness;, or
707 2. If a no person, firm or corporation is not so
708 authorized, then by any one individual from among a class
709 composed of the individual’s her or his surviving spouse and
710 surviving children. A legal parent or guardian may give consent
711 on behalf of a minor surviving child.
712 (4)(2) If In the event the consent required in subsection
713 (2) or subsection (3) (1) is not obtained, the individual person
714 whose name, portrait, photograph, image, or other likeness is so
715 used, or a any person, firm, or corporation authorized by the
716 individual such person in writing to license the commercial use
717 of the individual’s her or his name, image, or likeness, or, if
718 the individual person whose likeness is used is deceased, a any
719 person, firm, or corporation having the right to give such
720 consent, as provided in subsection (2) or subsection (3)
721 hereinabove, may bring an action to enjoin the such unauthorized
722 publication, printing, display, or other public use, and to
723 recover damages for any loss or injury resulting from the
724 unauthorized publication sustained by reason thereof, including
725 an amount that which would have been a reasonable royalty, and
726 punitive or exemplary damages.
727 (5)(3) If a person uses the name, portrait, photograph,
728 image, or other likeness of a servicemember member of the armed
729 forces without obtaining the consent required in subsection (2)
730 or subsection (3) (1) and the such use is not subject to an any
731 exception listed in this section, a court may impose a civil
732 penalty of up to $1,000 per violation in addition to the civil
733 remedies contained in subsection (4) (2). Each commercial
734 transaction constitutes a violation under this section. As used
735 in this section, the term “member of the armed forces” means an
736 officer or enlisted member of the Army, Navy, Air Force, Marine
737 Corps, Space Force, or Coast Guard of the United States, the
738 Florida National Guard, and the United States Reserve Forces,
739 including any officer or enlisted member who died as a result of
740 injuries sustained in the line of duty.
741 (6)(4) The provisions of This section does shall not apply
742 to any of the following:
743 (a) The publication, printing, display, or use of the name,
744 portrait, photograph, image, or other likeness of an individual
745 any person in a any newspaper, magazine, book, news broadcast or
746 telecast, radio broadcast, or other news medium or publication
747 if used as part of a any bona fide news report or presentation
748 having a current and legitimate public interest and if the where
749 such name, image, or likeness is not used for advertising
750 purposes.;
751 (b) The publication, printing, display, or use of the name,
752 portrait, photograph, image, or other likeness of an individual
753 created through generative artificial intelligence in a
754 newspaper, magazine, book, news broadcast or telecast, radio
755 broadcast, or other news medium or publication if the generative
756 artificial intelligence is used as part of a bona fide news
757 report or presentation and that report or presentation contains
758 a clear acknowledgement of speculation regarding the
759 authenticity of the materials which are the subject of the
760 report or presentation.
761 (c) The use of an individual’s such name, portrait,
762 photograph, image, or other likeness in connection with the
763 resale or other distribution of literary, musical, or artistic
764 productions or other articles of merchandise or property with
765 the individual’s consent where such person has consented to the
766 use of her or his name, portrait, photograph, or likeness on or
767 in connection with the initial sale or distribution of the
768 productions, articles, or merchandise. thereof; or
769 (d)(c) A Any photograph of an individual a person solely as
770 a member of the public if the individual and where such person
771 is not named or otherwise identified in or in connection with
772 the use of the such photograph.
773 (7)(5) An No action may not shall be brought under this
774 section by reason of a any publication, printing, display, or
775 other public use of the name, portrait, photograph, image, or
776 other likeness of an individual a person occurring more than
777 after the expiration of 40 years from and after the death of the
778 individual such person.
779 (6) As used in this section, a person’s “surviving spouse”
780 is the person’s surviving spouse under the law of her or his
781 domicile at the time of her or his death, whether or not the
782 spouse has later remarried; and a person’s “children” are her or
783 his immediate offspring and any children legally adopted by the
784 person. Any consent provided for in subsection (1) shall be
785 given on behalf of a minor by the guardian of her or his person
786 or by either parent.
787 (8)(7) The remedies provided for in this section are shall
788 be in addition to and not in limitation of the remedies and
789 rights of any person under the common law against the invasion
790 of her or his privacy.
791 Section 11. Subsection (21) is added to section 1002.42,
792 Florida Statutes, to read:
793 1002.42 Private schools.—
794 (21) ARTIFICIAL INTELLIGENCE INSTRUCTIONAL TOOLS.—A private
795 school that provides student access to an artificial
796 intelligence instructional tool, as defined in s. 1006.1495,
797 must comply with the provisions in that section.
798 Section 12. Section 1006.1495, Florida Statutes, is created
799 to read:
800 1006.1495 Artificial intelligence instructional tools;
801 parental notice, opt-out, and account access.—
802 (1) DEFINITIONS.—As used in this section, the term:
803 (a) “Artificial intelligence instructional tool” means a
804 software application or service that uses artificial
805 intelligence, including machine learning, which is made
806 available to a student by an educational entity for educational
807 purposes, including instruction, tutoring, practice, feedback,
808 or completing educator-directed assignments, and that is not
809 designed, marketed, or configured to:
810 1. Meet a student’s social needs;
811 2. Simulate friendship, companionship, or an emotional
812 relationship with a student; or
813 3. Employ relationship-building or anthropomorphic design
814 features for the purpose of encouraging a student to continue
815 interacting with the system.
816 (b) “Educational entity” means a school district, a public
817 school, or a private school. The term includes a VPK provider
818 meaning a private prekindergarten provider or a public school
819 prekindergarten provider, as those terms are defined in s.
820 1002.51, which delivers the Voluntary Prekindergarten Education
821 Program under part V of chapter 1002.
822 (c) “Operator” means a person who operates an artificial
823 intelligence instructional tool and collects, receives,
824 maintains, or uses student information or student-generated
825 content through the tool.
826 (d) “Parent” includes a parent, guardian, or other person
827 with legal authority to make educational decisions for a
828 student.
829 (e) “Private school” has the same meaning as in s.
830 1002.01(3).
831 (f) “Public school” means a component described in s.
832 1000.04(2), (4), (5), or (6).
833 (2) EDUCATIONAL USE; PARENTAL NOTICE.—Before a student is
834 provided access credentials for an artificial intelligence
835 instructional tool, the educational entity must provide the
836 parent of a minor student with notice that:
837 (a) Identifies the tool and its educational purpose;
838 (b) Describes, in general terms, how the tool will be used
839 by students;
840 (c) Explains how the parent may exercise the opt-out
841 process under subsection (3); and
842 (d) Explains how the parent may access the student’s
843 account or request access to information and account activity
844 under subsection (4), including the method for submitting a
845 written request.
846 (3) PARENTAL OPT-OUT.—
847 (a) A parent of a minor student must be provided the
848 opportunity to opt out of the student’s use of an artificial
849 intelligence instructional tool.
850 (b) The opt-out process must align with the educational
851 entity’s existing policies for parental notice, consent,
852 objection, or opt-out for instructional materials, digital
853 tools, or online accounts, as applicable.
854 (c) If a parent opts out and the student is enrolled in a
855 public school, the school district or public school must provide
856 an alternative instructional activity that allows the student to
857 meet a comparative educational requirement without penalty.
858 (4) PARENT ACCOUNT ACCESS; COMPLIANCE OPTIONS.—
859 (a) At the time an operator provides a student’s access
860 credentials or otherwise provides or enables student access to
861 an educational entity for an artificial intelligence
862 instructional tool, the operator shall simultaneously provide to
863 the educational entity a means to authorize the parent of a
864 minor student to access information and account activity
865 maintained within the artificial intelligence instructional
866 tool.
867 (b) The operator may satisfy paragraph (a) by:
868 1. Providing the parent of a minor student credentials or
869 another method for read-only access to the student’s account; or
870 2. Upon written request from the parent of a minor student,
871 providing access to the information and account activity
872 maintained within the tool, in accordance with applicable state
873 and federal law, within 30 days after receipt of the request.
874 The educational entity shall inform the parent of the right to
875 make such a request and the method for submitting the request.
876 (c) If an educational entity satisfies subparagraph (b)1.,
877 the educational entity shall provide the credentials or other
878 access method at the time the educational entity provides the
879 student access credentials or otherwise enables student access.
880 (d) This subsection does not require an operator or an
881 educational entity to create or retain a transcript or record of
882 student interactions beyond information otherwise maintained in
883 the ordinary course of providing access to the tool.
884 (5) CONSTRUCTION.—This section does not alter:
885 (a) A parent’s rights under state or federal law to access
886 student education records; or
887 (b) An educational entity’s obligations under applicable
888 state and federal student privacy laws.
889 Section 13. For the purpose of incorporating the amendment
890 made by this act to section 540.08, Florida Statutes, in a
891 reference thereto, section 540.10, Florida Statutes, is
892 reenacted to read:
893 540.10 Exemption of news media from liability.—No relief
894 may be obtained under s. 540.08 or s. 540.09, against any
895 broadcaster, publisher or distributor broadcasting, publishing
896 or distributing paid advertising matter by radio or television
897 or in a newspaper, magazine, or similar periodical without
898 knowledge or notice that any consent required by s. 540.08 or s.
899 540.09, in connection with such advertising matter has not been
900 obtained, except an injunction against the presentation of such
901 advertising matter in future broadcasts or in future issues of
902 such newspaper, magazine, or similar periodical.
903 Section 14. For the purpose of incorporating the amendment
904 made by this act to section 540.08, Florida Statutes, in a
905 reference thereto, paragraph (c) of subsection (1) of section
906 743.08, Florida Statutes, is reenacted to read:
907 743.08 Removal of disabilities of minors; artistic or
908 creative services; professional sports contracts; judicial
909 approval.—
910 (1) A contract made by a minor or made by a parent or
911 guardian of a minor, or a contract proposed to be so made, may
912 be approved by the probate division of the circuit court or any
913 other division of the circuit court that has guardianship
914 jurisdiction, where the minor is a resident of this state or the
915 services of the minor are to be performed or rendered in this
916 state, where the contract sought to be approved is one under
917 which:
918 (c) The minor will endorse a product or service, or in any
919 other way receive compensation for the use of right of publicity
920 of the minor as that right is defined by s. 540.08.
921 Section 15. This act shall take effect July 1, 2026.