Ron DeSantis says Florida has right to AI regulation despite Trump's executive order

DeSantis: Florida has 'right' to regulate AI rules despite Trump's order

Florida Gov. Ron DeSantis (R) said on Monday that the state has the right to regulate artificial intelligence (AI) despite President Trump's executive order last week that seeks to institute a national AI standard by pushing back on state laws. DeSantis, who has rolled out a "Citizen Bill of Rights for Artificial Intelligence," noted that the executive order does not block Florida or other states from instituting their own AI regulations. "The president issued an executive order. Some people were saying well no, this blocks the states, " the governor said, speaking at Florida Atlantic University, adding "it doesn't." "You should read it and see. First of all, an executive order can't block states. You can preempt states under Article One powers through congressional legislation on certain issues but you can't do it through executive order," he continued. "But if you read it, they actually say a lot of the stuff we're talking about are things that they're encouraging states to do," he said. "So even reading it very broadly, I think the stuff we're doing is going to be very consistent. But irrespective, clearly we have a right to do this." Last week, DeSantis rolled out what he dubbed a proposal for a "Citizen Bill of Rights for Artificial Intelligence" aimed at protecting consumers from the potential risks and harms that come with AI. The proposal calls for a number of guardrails for citizens, including blocking AI from using an individual's name, image or likeness (NIL) without their permission, protection from deepfakes, as well a number of child protections. The governor noted on Monday that supporters of the executive order say they are worried about actions blue states like California and Colorado could take on AI and that the attorney general could bring challenges to state laws under the Dormant Commerce Clause, which blocks states from passing laws that discriminate against interstate commerce. "I don't know how successful that would be, but the reality is I don't anticipate that even happening against the stuff we're doing in Florida, but if it does, I think we would be well positioned to prevail on that," DeSantis said. Trump's latest executive order on AI has drawn attention to divides among conservatives and Republicans over how to regulate the growing industry. Republican lawmakers have attempted to pass measures blocking state AI laws twice in the past six months -- via Trump's tax and spending bill this summer and via the National Defense Authorization Act (NDAA) late last month -- but both efforts ultimately fell short because of GOP infighting. Major AI firms have argued that it would be difficult for them to follow a patchwork of state laws. Various AI companies have pushed back on laws in California, as the Golden State has taken on an outsized role in advancing regulatory efforts.

DeSantis Says Florida Will Proceed With AI Regulations Despite Trump's Order

DeSantis Says Florida Will Proceed With AI Regulations Despite Trump's Order Florida Gov. Ron DeSantis (R) plans to proceed with guardrails around artificial intelligence use despite Trump's executive order cracking down on state-level AI restrictions, saying Monday he doesn't think his proposals will run afoul of the president's rules. "I don't think we're gonna be doing anything that would even give rise to a ... lawsuit from the U.S. DOJ but, to the extent we did, I'm confident that we'd be able to win that, because clearly, we'd be legislating within the confines of our 10th Amendment rights as states," DeSantis said at an event at Florida Atlantic University. DeSantis' proposed AI guardrails, which he's calling the "Artificial Intelligence Bill of Rights," would require a notice to consumers when they're interacting with AI and ban AI tools from using people's names or likenesses without their consent, among other restrictions.