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Leek files AI ‘Bill of Rights’ in Florida Senate

Sen. Tom Leek, R-Ormond Beach, filed a proposed "Artificial Intelligence Bill of Rights" on Monday.
Colin Hackley
/
The News Service of Florida
Sen. Tom Leek, R-Ormond Beach, filed a proposed "Artificial Intelligence Bill of Rights" on Monday.

In a priority of Gov. Ron DeSantis, a Senate Republican on Monday filed a proposal dubbed the “Artificial Intelligence Bill of Rights.”

The proposal (SB 482), filed by Sen. Tom Leek, R-Ormond Beach, includes such things as steps to keep “harmful” content from minors. It comes after DeSantis called for an AI bill of rights — and after President Donald Trump issued an executive order seeking to limit state-by-state regulation of the fast-growing technology.

Leek’s bill, which is filed for the legislative session that will start Jan. 13, addresses a variety of issues, such as establishing a “right” for parents to control children’s interactions with artificial intelligence; saying people have a right to know when they’re communicating with a human or an AI system; and setting rules about the unauthorized use of people’s names, images or likenesses.

The measure also says people have a right to know whether political advertisements were created in whole or in part with the use of artificial intelligence and would prohibit government agencies in Florida from contracting with AI firms tied to what is known as a “foreign country of concern,” such as China or Russia.

Trump has drawn widespread attention for trying to curb state regulations on AI. But during a Dec. 15 appearance in Jupiter, DeSantis expressed confidence Florida could go forward with his proposals and that state legislation would withstand a federal legal challenge.

“Even reading it (Trump’s order) very broadly, I think the stuff we’re doing is going to be very consistent,” DeSantis said. “But irrespective, clearly, we have a right to do this.”

Rather than preempting state laws, Trump’s Dec. 11 directive required the U.S. Department of Justice to create an “AI Litigation Council” to review “onerous” state laws that don’t align with the White House's positions. States not in alignment could become ineligible for money intended to expand high-speed internet or face lawsuits.

DeSantis has also called for legislation to try to prevent Floridians from getting hit with costs related to massive data centers needed for AI and other technology. He also wants to allow local governments to reject development of the centers, which require large amounts of electricity and water.

Other AI bills

Katie Betta, a spokeswoman for Senate President Ben Albritton, R-Wauchula, acknowledged in an email Monday that a separate bill is in the works about data centers.

Leek’s bill came after Rep. Christine Hunschofsky, D-Parkland, filed a bill (HB 659) this month that includes requiring that users be notified when they are interacting with AI “companion chatbots,” with the notices required to say the chatbots “may not be suitable for some minors.”

“Increasingly, we are seeing heartbreaking cases where young people form deep emotional bonds with AI companions that end up pushing them further toward self-harm,” Hunschofsky said in a prepared statement Friday.

DeSantis and lawmakers in recent years have passed two high-profile bills that put restrictions on online platforms — with both measures leading to ongoing legal battles.

Legal challenges

The tech industry groups NetChoice and the Computer & Communications Industry Association are challenging a 2021 law that includes preventing platforms from banning political candidates from their sites and requiring companies to publish -- and apply consistently -- standards about issues such as banning users or blocking their content. DeSantis and the Republican-controlled Legislature passed the law after Facebook and Twitter, now known as X, blocked Trump from their platforms after his supporters stormed the U.S. Capitol on Jan. 6, 2021.

NetChoice and the Computer & Communications Industry Association also are fighting a 2024 law designed to prevent children from having access to certain social-media sites. They argue the law violates the First Amendment.

The law prevents children under age 14 from opening accounts on certain platforms, which court documents indicate could include platforms such as Snapchat, Instagram, Facebook and YouTube. Parents would have to give consent for 14- and 15-year-olds to have accounts on the platforms.

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