Florida lawmakers return to tackle AI regulation amid pressure from DeSantis

Garrett Shanley, Miami Herald on Apr 27, 2026

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TALLAHASSEE, Fla. — Florida lawmakers return to Tallahassee this week for a high-stakes special session that will test how far the state is willing to go in regulating artificial intelligence — and how much power it is willing to challenge in Silicon Valley and the White House.

The four-day session, scheduled to begin Tuesday, was formally called by Gov. Ron DeSantis to tackle three major issues: congressional redistricting, expanding what Republican leaders call “medical freedom,” and — with growing urgency — creating new consumer protections for artificial intelligence.

At the center of the debate is DeSantis’ proposed “AI Bill of Rights,” a sweeping effort to impose guardrails on rapidly evolving technology that has, until now, largely escaped state-level oversight. The legislation, which cleared the Florida Senate during the regular session but stalled in the House, is being revived amid intensifying political pressure and growing public unease about AI’s real-world consequences.

The gravity behind the push has expanded following a still-unfolding criminal investigation into OpenAI over its chatbot’s interactions with the alleged gunman in last year’s Florida State University mass shooting. State officials say the shooter exchanged messages with ChatGPT minutes before the attack.

DeSantis has seized on the moment to press lawmakers publicly, arguing the state cannot afford to wait for Washington to act. In recent days, he has criticized the House for ignoring the issue during the regular session and warned that voters will question why legislators are “siding with big tech.”

The 33-page bill would create a new section of Florida law establishing a set of defined rights for residents interacting with AI, including the right to know when they are communicating with a machine, the right to control their children’s use of AI and the right to know when companies are collecting personal or biometric data.

It would impose some of the most detailed restrictions in the country on so-called “companion chatbots,” defined as systems designed to simulate human relationships. Under the bill, minors could not create accounts without parental consent, and parents would gain sweeping control — including the ability to review chatbot conversations, limit usage times, and receive alerts if a child expresses intent to harm themselves or others.

Platforms would be required to repeatedly disclose that users are interacting with artificial intelligence and prompt them to take breaks, while companies would be restricted from selling personal data unless it is deidentified.

The bill also extends into schools and government contracting, limiting how AI tools can be used in classrooms, requiring parental opt-out options and barring certain contracts with companies tied to foreign countries of concern.

Enforcement would fall to the state’s Department of Legal Affairs, with the power to investigate companies, issue subpoenas and levy penalties of up to $50,000 per violation after a 45-day window to correct problems.

Senate leaders have signaled they intend to move quickly.

In a memo to lawmakers on Friday, Senate President Ben Albritton said the chamber plans to take up and pass the AI legislation during the special session, emphasizing that the bill is aimed at “safeguarding Florida’s children” and addressing transparency and safety risks tied to the technology.

But the bill’s path forward is far from certain.

House Speaker Daniel Perez has resisted the effort, aligning instead with a growing national push — backed by President Donald Trump and congressional allies — to centralize AI regulation at the federal level. That approach would avoid what Perez has framed as a “patchwork” of state laws but could also delay or limit restrictions at a time when states like Florida are confronting immediate concerns.