Florida’s AI Bill of Rights and Trump’s Executive Order: What We Know

Would a presidential executive order take precedence over state regulations? Who will foot the bill for costly AI data centers in Florida? Here’s what we know.

Florida Gov. Ron DeSantis attends the drivers meeting prior to the NASCAR Cup Series Daytona 500 at Daytona International Speedway in Daytona Beach, Fla., on Feb. 19, 2024. Jared C. Tilton/Getty Images

TALLAHASSEE, Fla.—President Donald Trump and Florida Gov. Ron DeSantis are leading efforts on AI regulation that may eventually test whether a federal standard set by the president will override parts of the AI bill of rights proposed in the Sunshine State.

AI is progressing at breakneck speed, along with a growing list of related concerns including privacy, fraud, protecting children, copyright issues, and the costs of powering data centers.

DeSantis aims to tackle these issues with a proposed AI bill of rights, some of which could be challenged by the Department of Justice under an executive order signed by Trump on Dec. 11.

This is a breakdown of what we know so far.

Protecting AI Users

DeSantis is pushing for Florida’s state Legislature to approve his proposal for an AI bill of rights, which includes a number of protections for Floridians.

One measure would push to reenact existing legislation against “deep fakes” and explicit material, including that depicting minors.

Holly Elmore, founder and executive director of PauseAI US, an organization calling for a global treaty to pause the development of AI systems until more safety research can take place, told The Epoch Times that DeSantis’s approach to protecting individual rights is the smart approach.

“I think already individual rights are being trampled by AI company interests,” she said. “In the past, with new industries, it takes a while to figure out their court cases ... There might not be time for that before there are very serious harms done by the product, the unregulated product.”

DeSantis’s proposal would also prohibit AI from using a Floridian’s name, image, or likeness without his or her consent and would prevent state or local government from using Chinese-created AI tools to protect American data.

Another measure in the proposal would prohibit companies from providing “licensed” therapy or mental health counseling through AI. The legislation would also require users to be notified when they’re interacting with AI.

Insurance companies are also addressed in DeSantis’s proposal, which would require AI not to be used as the sole determination in adjusting or denying a claim. Insurers would be required to disclose how they are using AI for claims.

The bill would give parents access to conversations their child has with AI chatbots, set parameters for when the child can have access, and notify parents if their child shows concerning behavior.

Footing the Bill

DeSantis’s proposed legislation outlines how Floridians would be protected from paying for the massive cost of running AI data centers. This includes preventing utility companies from charging Floridians more for electricity, gas, and water to support hyperscale data center development.

Other measures include prohibiting taxpayer subsidies for Big Tech and allowing local governments to stop data center construction and development.

The governor’s proposal also details protections for Florida’s natural resources, such as ensuring water resources are not used to the detriment of the public, preventing construction of data centers on agricultural land, and requiring noise abatement reviews to prevent noise pollution.

Trump’s ‘One Rulebook’

The president’s executive order signed late Thursday night aims to establish a national framework for AI regulations.

The executive action gives the attorney general authority to challenge state-level AI laws and overturn them if they conflict with federal policy. It also requires states to be notified if their laws are in conflict with federal policy and threatens restrictions on some state funding if they are kept in place.

Trump has previously criticized the idea of all 50 states having their own rules and regulations, claiming it would make compliance challenging, especially for start-ups.

President Donald Trump holds up his signed AI initiative during a signing ceremony in the Oval Office of the White House on Dec. 11, 2025. Alex Wroblewski/AFP via Getty Images

“You can’t expect a company to get 50 Approvals every time they want to do something. THAT WILL NEVER WORK,” Trump said in a Truth Social post on Monday.

“There must be only One Rulebook if we are going to continue to lead in AI.”

The executive order specifies that the legislation it recommends shall not preempt “lawful” state regulations on AI, including legislation on child safety, data center infrastructure, state government’s use of AI, and further topics to be determined.

State Versus Federal Law

It remains to be seen whether the Trump administration will be at odds with Florida’s proposed AI bill of rights.

The DeSantis proposal has not yet been introduced as a bill in the Florida Legislature, which convenes on Jan. 13, 2026.

The Florida governor wrote on X this week: “An executive order doesn’t/can’t preempt state legislative action. Congress could, theoretically, preempt states through legislation. The problem is that Congress hasn’t proposed any coherent regulatory scheme but instead just wanted to block states from doing anything for 10 years, which would be an AI amnesty.”

In a follow-up post, DeSantis said an executive order can bind the executive branch, but under the 10th Amendment, cannot restrict states’ power.

“I think DeSantis is broadly right to resist and say that the state, it’s their responsibility to protect their citizens and not to give it up,” the PauseAI US founder told The Epoch Times.