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

Ron DeSantis Challenges Federal Authority on AI Regulation

Florida Gov. Ron DeSantis declared Monday that his state retains the right to regulate artificial intelligence despite President Trump's recent executive order aimed at establishing national AI standards1

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. Speaking at Florida Atlantic University, DeSantis pushed back against interpretations suggesting Trump's executive order blocks state-level AI regulations, emphasizing that executive orders cannot preempt state laws without congressional legislation under Article One powers1

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"The president issued an executive order. Some people were saying well no, this blocks the states," DeSantis said. "It doesn't"1

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. The governor added that even a broad reading of Trump's directive shows it encourages states to pursue the kind of consumer protection measures Florida is proposing1

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Florida's Citizen Bill of Rights for Artificial Intelligence

DeSantis recently unveiled his proposal for a Citizen Bill of Rights for Artificial Intelligence, designed to shield consumers from AI-related risks1

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. The proposed guardrails include blocking AI from using an individual's name, image or likeness without their permission, protection from deepfakes, and child protections1

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. The legislation would also require notice to consumers when they're interacting with AI systems2

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The governor's proposal directly addresses concerns about unauthorized use of personal likeness, a growing issue as AI tools become more sophisticated at generating realistic images and videos. By requiring consent before AI can deploy someone's identity, Florida aims to establish clear boundaries around digital rights in an era where deepfakes and synthetic media proliferate.

Constitutional Grounds and Legal Positioning

DeSantis expressed confidence that Florida's approach aligns with 10th Amendment rights, which reserve powers not delegated to the federal government for states2

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. "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," he stated2

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The governor acknowledged that supporters of Trump's executive order worry about actions blue states like California and Colorado might take, and that the attorney general could potentially challenge state AI laws under the Dormant Commerce Clause, which prevents states from passing legislation that discriminates against interstate commerce1

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. However, DeSantis said he doesn't anticipate such challenges against Florida's measures and believes the state would prevail if tested1

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Federal vs. State Control Reveals GOP Divisions

Trump's latest executive order has exposed divisions among conservatives and Republicans over how to regulate the growing AI industry1

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. Republican lawmakers attempted to pass measures blocking state AI laws twice in the past six months through Trump's tax and spending bill and via the National Defense Authorization Act, but both efforts failed due to GOP infighting1

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Major AI firms have argued that navigating patchwork regulations across different states creates operational challenges, with various AI companies pushing back particularly on California's regulatory efforts1

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. California has taken an outsized role in advancing state-level AI legislation, making it a focal point in debates over whether federal or state authority should govern AI development and deployment.

The standoff between Florida and federal directives signals ongoing uncertainty about AI governance in America. As states continue developing their own frameworks for consumer protection while AI firms lobby for uniform national standards, the question of who ultimately controls AI regulation remains unresolved. DeSantis's defiant stance suggests that regardless of federal preferences, states will continue asserting their authority to protect citizens from emerging technological threats through targeted legislation and guardrails.