Read the full stored bill text
HB 1395 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1395-00
Page 1 of 26
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to artificial intelligence; amending 2
s. 287.138, F.S.; defining the term "artificial 3
intelligence"; prohibiting a governmental entity from 4
extending or renewing a contract with specified 5
entities; prohibiting a local governmental entity from 6
taking certain actions relating to contracting with an 7
entity to provide artificial intelligence technology, 8
software, or products unless certain requirements are 9
completed; prohibiting a governmental entity from 10
entering into a contract with an entity for artificial 11
intelligence technology, software, or products if 12
certain conditions are met; providing a directive to 13
the Division of Law Revision; creating part IX of ch. 14
501, F.S., to be entitled the "Artificial Intelligence 15
Bill of Rights"; creating s. 501.9981, F.S.; providing 16
a short title; creating s. 501.9982, F.S.; providing 17
the rights of Floridians relating to the use of 18
artificial intelligence; authorizing Floridians to 19
exercise certain rights; providing construction; 20
creating s. 501.9983, F.S.; defining terms; creating 21
s. 501.9984, F.S.; requiring companion chatbot 22
platforms to prohibit a minor from creating new or 23
maintaining existing accounts unless the minor's 24
parent or guardian consents; requiring companion 25
HB 1395 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1395-00
Page 2 of 26
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
chatbot platforms to provide the minor's parent or 26
guardian certain options; requiring companion chatbot 27
platforms to terminate certain accounts and provide 28
certain options; requiring companion chatbot platforms 29
to make certain disclosures and institute certain 30
measures to prevent their companion chatbots from 31
producing or sharing materials harmful to minors; 32
providing that violations are deceptive or unfair 33
trade practices; authorizing the Department of Legal 34
Affairs to bring actions under the Florida Deceptive 35
and Unfair Trade Practices Act for knowing or reckless 36
violations; authorizing the department to issue and 37
enforce civil investigative demands under certain 38
circumstances; providing civil penalties; authorizing 39
punitive damages under certain circumstances; 40
providing for private causes of action; requiring that 41
such actions be brought within a specified timeframe; 42
providing that certain companion chatbot platforms are 43
subject to the jurisdiction of state courts; 44
specifying requirements for contract formation; 45
providing construction; authorizing the department to 46
adopt rules; creating s. 501.9985, F.S.; requiring bot 47
operators to periodically provide a certain 48
notification to a user; authorizing the department to 49
bring actions under the Florida Deceptive and Unfair 50
HB 1395 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1395-00
Page 3 of 26
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Trade Practices Act for violations; authorizing the 51
department to issue and enforce civil investigative 52
demands under certain circumstances; providing civil 53
penalties; providing construction; providing that 54
certain bot operators are subject to the jurisdiction 55
of state courts; authorizing the department to adopt 56
rules; creating s. 501.9986, F.S.; prohibiting 57
artificial intelligence technology companies from 58
selling or disclosing the personal information of 59
users unless the information is deidentified data; 60
requiring artificial intelligence technology companies 61
in possession of deidentified data to take certain 62
measures to ensure such data remains deidentified; 63
authorizing the Department of Legal Affairs to bring 64
actions under the Florida Deceptive and Unfair Trade 65
Practices Act for violations; authorizing the 66
department to issue and enforce civil investigative 67
demands under certain circumstances; providing civil 68
penalties; providing that certain artificial 69
intelligence technology companies are subject to the 70
jurisdiction of state courts; authorizing the 71
department to adopt rules; creating s. 501.9987, F.S.; 72
authorizing the department to take certain 73
investigative and compliance actions in connection 74
with potential violations of part IX of ch. 501, F.S.; 75
HB 1395 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1395-00
Page 4 of 26
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
authorizing the department to adopt rules; amending s. 76
540.08, F.S.; defining terms; prohibiting the 77
commercial use of an individual's name, image, or 78
likeness created through artificial intelligence 79
without the individual's or an authorized individual's 80
consent; providing requirements for the use of the 81
name, image, or likeness of deceased persons; 82
providing penalties for the use of the name, image, or 83
likeness of a servicemember; conforming provisions to 84
changes made by the act; reenacting ss. 540.10 and 85
743.08(1)(c), F.S., relating to the exemption of news 86
media from liability and contracts entered into by 87
minors, respectively, to incorporate the amendments 88
made to s. 540.08, F.S., in references thereto; 89
providing an effective date. 90
91
Be It Enacted by the Legislature of the State of Florida: 92
93
Section 1. Present paragraphs (a) through (d) of 94
subsection (1) and present subsection (7) of section 287.138, 95
Florida Statutes, are redesignated as paragraphs (b) through (e) 96
of subsection (1) and subsection (8), respectively, a new 97
paragraph (a) is added to subsection (1), a new subsection (7) 98
is added to that section, and subsection (3) of that section is 99
amended, to read: 100
HB 1395 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1395-00
Page 5 of 26
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
287.138 Contracting with entities of foreign countries of 101
concern prohibited.— 102
(1) As used in this section, the term: 103
(a) "Artificial intelligence" means an engineered or 104
machine-based system that varies in its level of autonomy and 105
that can, for explicit or implicit objectives, infer from the 106
input it receives how to generate outputs that influence 107
physical or virtual environments. 108
(3)(a) Beginning July 1, 2025, a governmental entity may 109
not extend or renew a contract with an entity listed in 110
paragraphs (2)(a)-(c) if the contract would give such entity 111
access to an individual's personal identifying information. 112
Beginning July 1, 2026, a governmental entity may not extend or 113
renew a contract with an entity listed in paragraph (7)(a), 114
paragraph (7)(b), or paragraph (7)(c). 115
(b) Beginning July 1, 2026, a governmental entity may not 116
accept a bid on, a proposal for, or a reply to, or enter into a 117
contract with, an entity to provide artificial intelligence 118
technology, software, or products, including as a portion or an 119
option to the products or services provided under the contract, 120
unless the entity provides the governmental entity with an 121
affidavit signed by an officer or a representative of the entity 122
under penalty of perjury attesting that the entity does not meet 123
any of the criteria in paragraph (7)(a), paragraph (7)(b), or 124
paragraph (7)(c). 125
HB 1395 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1395-00
Page 6 of 26
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(7) A governmental entity may not knowingly enter into a 126
contract with an entity for artificial intelligence technology, 127
software, or products, including as a portion or an option to 128
the products or services provided under the contract, if: 129
(a) The entity is owned by the government of a foreign 130
country of concern; 131
(b) A government of a foreign country of concern has a 132
controlling interest in the entity; or 133
(c) The entity is organized under the laws of or has its 134
principal place of business in a foreign country of concern. 135
Section 2. The Division of Law Revision is directed to 136
create part IX of chapter 501, Florida Statutes, consisting of 137
ss. 501.9981, 501.9982, 501.9983, 501.9984, 501.9985, 501.9986, 138
and 501.9987, Florida Statutes, to be entitled the "Artificial 139
Intelligence Bill of Rights." 140
Section 3. Section 501.9981, Florida Statutes, is created 141
to read: 142
501.9981 Short title.—This part may be cited as the 143
"Artificial Intelligence Bill of Rights." 144
Section 4. Section 501.9982, Florida Statutes, is created 145
to read: 146
501.9982 Rights relating to the use of artificial 147
intelligence.— 148
(1) Floridians are entitled to certain rights with respect 149
to the use of artificial intelligence, including, but not 150
HB 1395 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1395-00
Page 7 of 26
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
limited to: 151
(a) The right to use artificial intelligence to improve 152
their own lives and the lives of family members, fellow 153
residents, and the world at large in accordance with the law. 154
(b) The right to supervise, access, limit, and control 155
their minor children's use of artificial intelligence. 156
(c) The right to know whether they are communicating with 157
a human being or an artificial intelligence system, program, or 158
chatbot. 159
(d) The right to know if artificial intelligence 160
technology companies are collecting personal information or 161
biometric data, and the right to expect artificial intelligence 162
technology companies to protect and deidentify that information 163
or data in accordance with the law. 164
(e) The right to pursue civil remedies authorized by law 165
against persons who use artificial intelligence to appropriate 166
the name, image, or likeness of others for commercial purposes 167
without their consent. 168
(f) The right to be protected by law from criminal acts, 169
such as fraud, exploitation, identity theft, stalking, and 170
cyberbullying, regardless of whether artificial intelligence is 171
used in the commission of those acts. 172
(g) The right to be protected by law from criminal acts 173
relating to the alteration of existing images to create sexual 174
or lewd or lascivious images or child pornography, regardless of 175
HB 1395 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1395-00
Page 8 of 26
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
whether artificial intelligence is used in the commission of 176
those acts. 177
(h) The right to know whether political advertisements, 178
electioneering communications, or similar advertisements were 179
created in whole or in part with the use of artificial 180
intelligence. 181
(i) The right to pursue civil remedies authorized by law 182
against others who use artificial intelligence to slander, 183
libel, or defame them. 184
(2) Floridians may exercise the rights described in this 185
section in accordance with existing law. This section may not be 186
construed as creating new or independent rights or entitlements. 187
Section 5. Section 501.9983, Florida Statutes, is created 188
to read: 189
501.9983 Definitions.—As used in this part, the term: 190
(1) "Account holder" means an individual who opens an 191
account or creates a profile or is identified by the companion 192
chatbot platform by a unique identifier while he or she is using 193
or accessing the platform, if the platform knows or has reason 194
to believe the individual is a resident of this state. 195
(2) "Artificial intelligence" means an engineered or 196
machine-based system that varies in its level of autonomy and 197
that can, for explicit or implicit objectives, infer from the 198
input it receives how to generate outputs that influence 199
physical or virtual environments. 200
HB 1395 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1395-00
Page 9 of 26
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(3) "Artificial intelligence technology company" means a 201
business or organization that produces, develops, creates, 202
designs, or manufactures artificial intelligence technology or 203
products, collects data for use in artificial intelligence 204
products, or implements artificial intelligence technology. 205
(4) "Bot" means an automated online software application 206
in which all or substantially all of the actions or posts of the 207
account are not the result of a natural person. 208
(5) "Companion chatbot" means an artificial intelligence 209
system with a natural language interface that provides adaptive, 210
human-like responses to user inputs and is capable of meeting a 211
user's social needs, including by exhibiting anthropomorphic 212
features and being able to sustain a relationship across 213
multiple interactions. The term does not include: 214
(a) A chatbot used only for customer service, a business's 215
operational purposes, productivity and analysis related to 216
source information, internal research, or technical assistance; 217
(b) A chatbot that is a feature of a video game and is 218
limited to replies related to the video game and does not 219
discuss topics related to mental health, self-harm, or material 220
harmful to minors or maintain a dialogue on other topics 221
unrelated to the video game; or 222
(c) A stand-alone consumer electronic device that 223
functions as a speaker and voice command interface, acts as a 224
voice-activated virtual assistant, and does not sustain a 225
HB 1395 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1395-00
Page 10 of 26
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
relationship across multiple interactions or generate outputs 226
likely to elicit emotional responses in the user. 227
(6) "Companion chatbot platform" means a platform that 228
allows a user to engage with companion chatbots. 229
(7) "Deidentified data" means data that cannot reasonably 230
be linked to an identified or identifiable individual or a 231
device linked to that individual. 232
(8) "Department" means the Department of Legal Affairs. 233
(9) "Material harmful to minors" has the same meaning as 234
in s. 501.1737(1). 235
(10) "Minor" means any person 17 years of age or younger. 236
(11) "Operator" means a person who owns, operates, or 237
otherwise makes available a bot to individuals in this state. 238
(12) "Pop-up" means a visible notification on the 239
computer, tablet, or smartphone screen of a user which may be 240
resolved if the user interacts with or responds to the 241
notification. 242
(13) "Resident" means an individual who has resided in 243
this state for more than 6 months during the preceding 12-month 244
period. 245
(14) "User" means an individual who resides or is 246
domiciled in this state and who accesses an Internet website, 247
online or cloud-computing service, online application, or mobile 248
application. 249
(15) "Video game" means a game played on an electronic 250
HB 1395 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1395-00
Page 11 of 26
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
amusement device that uses a computer, microprocessor, or 251
similar electronic circuitry and its own monitor, or is designed 252
to be used with a television set or a computer monitor, to 253
interact with the user of the device. 254
Section 6. Section 501.9984, Florida Statutes, is created 255
to read: 256
501.9984 Companion chatbot use for minors.— 257
(1) A companion chatbot platform shall prohibit a minor 258
from entering into a contract with the platform to become an 259
account holder or from maintaining an existing account, unless 260
the minor's parent or guardian provides consent for the minor to 261
become an account holder or maintain an existing account. 262
(a) If the minor's parent or guardian provides consent for 263
the minor to become an account holder or maintain an existing 264
account, the companion chatbot platform must allow the 265
consenting parent or guardian of the minor account holder to: 266
1. Receive copies of all past or present interactions 267
between the account holder and the companion chatbot; 268
2. Limit the amount of time that the account holder may 269
interact with the companion chatbot each day; 270
3. Limit the days of the week and the times during the day 271
when the account holder may interact with the companion chatbot; 272
4. Disable any of the interactions between the account 273
holder and third-party account holders on the companion chatbot 274
platform; and 275
HB 1395 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1395-00
Page 12 of 26
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
5. Receive timely notifications if the account holder 276
expresses to the companion chatbot a desire or an intent to 277
engage in self-harm or to harm others. 278
(b) A companion chatbot platform shall do all of the 279
following: 280
1. Terminate any account belonging to an account holder 281
who is a minor if the companion chatbot platform treats or 282
categorizes the account as belonging to a minor for purposes of 283
targeting content or advertising and if the minor's parent or 284
guardian has not provided consent for the minor to become an 285
account holder or to maintain an existing account. The companion 286
chatbot platform shall provide 90 days for the account holder to 287
dispute the termination. Termination must be effective upon the 288
expiration of the 90 days if the account holder fails to 289
effectively dispute the termination. 290
2. Allow an account holder who is a minor to request to 291
terminate the account. Termination must be effective within 5 292
business days after the request. 293
3. Allow the consenting parent or guardian of an account 294
holder who is a minor to request that the minor's account be 295
terminated. Termination must be effective within 10 business 296
days after the request. 297
4. Permanently delete all personal information held by the 298
companion chatbot platform relating to the terminated account, 299
unless state or federal law requires the platform to maintain 300
HB 1395 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1395-00
Page 13 of 26
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the information. 301
(2) In connection with all accounts held by account 302
holders who are minors, the companion chatbot platform shall do 303
all of the following: 304
(a) Disclose to the account holder that he or she is 305
interacting with artificial intelligence. 306
(b) Provide by default a clear and conspicuous 307
notification to the account holder, at the beginning of 308
companion chatbot interactions and at least once every hour 309
during continuing interactions, reminding the minor to take a 310
break and that the companion chatbot is artificially generated 311
and not human. 312
(c) Institute reasonable measures to prevent its companion 313
chatbot from producing or sharing materials harmful to minors or 314
encouraging the account holder to engage in any of the conduct 315
described or depicted in materials harmful to minors. 316
(3) A knowing or reckless violation of this section is 317
deemed a deceptive or unfair trade practice or act actionable 318
under part II of this chapter solely by the department against a 319
companion chatbot platform. If the department has reason to 320
believe that a companion chatbot platform is in violation of 321
this section, the department, as the enforcing authority, may 322
bring an action against such platform for a deceptive or unfair 323
trade practice or act. For the purpose of bringing an action 324
pursuant to this section, ss. 501.211 and 501.212 do not apply. 325
HB 1395 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1395-00
Page 14 of 26
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
In addition to other remedies under part II of this chapter, the 326
department may collect a civil penalty of up to $50,000 per 327
violation and reasonable attorney fees and court costs. If the 328
companion chatbot platform's failure to comply with this section 329
is part of a consistent pattern of knowing or reckless conduct, 330
punitive damages may be assessed against the companion chatbot 331
platform. 332
(4)(a) A companion chatbot platform that knowingly or 333
recklessly violates this section is liable to a minor account 334
holder for up to $10,000 in damages plus court costs and 335
reasonable attorney fees as ordered by the court. 336
(b) A civil action for a claim under this subsection must 337
be brought within 1 year after the date the complainant knew, or 338
reasonably should have known, of the alleged violation. 339
(c) An action brought under this subsection may be brought 340
only on behalf of a minor account holder. 341
(5) For purposes of bringing an action under this section, 342
a companion chatbot platform that allows a minor account holder 343
in this state to create an account on the platform is considered 344
to be both engaged in substantial and not isolated activities 345
within this state and operating, conducting, engaging in, or 346
carrying on a business and doing business in this state, and is 347
therefore subject to the jurisdiction of the courts of this 348
state. 349
(6) If a companion chatbot platform allows a minor account 350
HB 1395 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1395-00
Page 15 of 26
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
holder to use the companion chatbot platform, the parties have 351
entered into a contract. 352
(7) This section does not preclude any other available 353
remedy at law or equity. 354
(8) The department may adopt rules to implement this 355
section. 356
Section 7. Section 501.9985, Florida Statutes, is created 357
to read: 358
501.9985 Consumer protections regarding bots.— 359
(1) At the beginning of an interaction between a user and 360
a bot, and at least once every hour during the interaction, an 361
operator shall display a pop-up message notifying users that 362
they are not engaging in dialogue with a human counterpart. 363
(2) A violation of this section is deemed a deceptive or 364
unfair trade practice or act actionable under part II of this 365
chapter solely by the department on behalf of a user of a bot. 366
If the department has reason to believe that an operator is in 367
violation of this section, the department, as the enforcing 368
authority, may bring an action against the operator for a 369
deceptive or unfair trade practice or act. For the purpose of 370
bringing an action pursuant to this section, ss. 501.211 and 371
501.212 do not apply. In addition to any other remedy under part 372
II of this chapter, the department may collect a civil penalty 373
of up to $50,000 per violation and reasonable attorney fees and 374
court costs. 375
HB 1395 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1395-00
Page 16 of 26
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(3) This section does not preclude any other available 376
remedy at law or equity. 377
(4) For purposes of bringing an action pursuant to this 378
section, a person who meets the definition of an operator that 379
owns, operates, or otherwise makes available a bot to 380
individuals in this state is considered to be both engaged in 381
substantial and not isolated activities within this state and 382
operating, conducting, engaging in, or carrying on a business, 383
and doing business in this state, and is therefore subject to 384
the jurisdiction of the courts of this state. 385
(5) The department may adopt rules to implement this 386
section. 387
Section 8. Section 501.9986, Florida Statutes, is created 388
to read: 389
501.9986 Consumer protections regarding deidentified 390
data.— 391
(1) An artificial intelligence technology company may not 392
sell or disclose personal information of users unless the 393
information is deidentified data. 394
(2) An artificial intelligence technology company in 395
possession of deidentified data shall do all of the following: 396
(a) Take reasonable measures to ensure that the data 397
cannot be associated with an individual. 398
(b) Maintain and use the data in deidentified form. An 399
artificial intelligence technology company may not attempt to 400
HB 1395 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1395-00
Page 17 of 26
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
reidentify the data, except that the artificial intelligence 401
technology company may attempt to reidentify the data solely for 402
the purpose of determining whether its deidentification 403
processes satisfy the requirements of this section. 404
(c) Contractually obligate a recipient of the deidentified 405
data to comply with this section. 406
(d) Implement business processes to prevent the 407
inadvertent release of deidentified data. 408
(3) A violation of this section is deemed a deceptive or 409
unfair trade practice or act actionable under part II of this 410
chapter solely by the department. If the department has reason 411
to believe that an artificial intelligence technology company is 412
in violation of this section, the department, as the enforcing 413
authority, may bring an action against the artificial 414
intelligence technology company for a deceptive or unfair trade 415
practice or act. For the purpose of bringing an action pursuant 416
to this section, ss. 501.211 and 501.212 do not apply. In 417
addition to any other remedy under part II of this chapter, the 418
department may collect a civil penalty of up to $50,000 per 419
violation and reasonable attorney fees and court costs. 420
(4) For purposes of bringing an action pursuant to this 421
section, a person who meets the definition of an artificial 422
intelligence technology company that produces, develops, 423
creates, designs, or manufactures artificial intelligence 424
technology or products, collects data for use in artificial 425
HB 1395 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1395-00
Page 18 of 26
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
intelligence products, or implements artificial intelligence 426
technology in this state is considered to be both engaged in 427
substantial and not isolated activities within this state and 428
operating, conducting, engaging in, or carrying on a business, 429
and doing business in this state, and is therefore subject to 430
the jurisdiction of the courts of this state. 431
(5) The department may adopt rules to implement this 432
section. 433
Section 9. Section 501.9987, Florida Statutes, is created 434
to read: 435
501.9987 Investigations.— 436
(1) If, by its own inquiry or as a result of complaints, 437
the department has reason to believe that a person has engaged 438
in, or is engaging in, a practice or an act that violates this 439
part, the department may administer oaths and affirmations, 440
subpoena witnesses or matter, and collect evidence. Within 5 441
days, excluding weekends and legal holidays, after service of a 442
subpoena or at any time before the return date specified in the 443
subpoena, whichever time period is longer, the party served may 444
file in the circuit court in the county in which it resides or 445
in which it transacts business and serve upon the enforcing 446
authority a petition for an order modifying or setting aside the 447
subpoena. The petitioner may raise any objection or privilege 448
that would be available upon service of a subpoena in a civil 449
action. The subpoena must inform the party served of the party's 450
HB 1395 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1395-00
Page 19 of 26
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
rights under this subsection. 451
(2) If the matter that the department seeks to obtain by 452
subpoena is located outside this state, the person subpoenaed 453
may make the matter available to the department or its 454
representative at the place where it is located. The department 455
may designate representatives, including officials of the state 456
in which the matter is located, to inspect the matter on its 457
behalf and may respond to similar requests from officials of 458
other states. 459
(3) Upon the failure of a person, without lawful excuse, 460
to obey a subpoena and upon reasonable notice to all persons 461
affected, the department may apply to the circuit court for an 462
order compelling compliance. 463
(4) The department may request that a person who refuses 464
to comply with a subpoena on the grounds that the testimony or 465
matter may be self-incriminating be ordered by the court to 466
provide the testimony or matter. Except in a prosecution for 467
perjury, a person who complies with a court order to provide 468
testimony or matter after asserting a valid privilege against 469
self-incrimination may not have the testimony or matter so 470
provided, or evidence derived from the testimony or matter, 471
received against the person in any criminal investigation or 472
proceeding. 473
(5) A person upon whom a subpoena is served pursuant to 474
this part must comply with its terms unless otherwise provided 475
HB 1395 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1395-00
Page 20 of 26
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
by order of the court. A person who fails to appear, with the 476
intent to avoid, evade, or prevent compliance in whole or in 477
part with an investigation under this part, or who removes from 478
any place, conceals, withholds, mutilates, alters, or destroys, 479
or by any other means falsifies any documentary material in the 480
possession, custody, or control of a person subject to a 481
subpoena, or who knowingly conceals relevant information with 482
the intent to avoid, evade, or prevent compliance, is liable for 483
a civil penalty of not more than $5,000 per week in violation, 484
reasonable attorney fees, and costs. 485
(6) The department may adopt rules to implement this 486
section. 487
Section 10. Section 540.08, Florida Statutes, is amended 488
to read: 489
540.08 Unauthorized publication of name, image, or 490
likeness.— 491
(1) As used in this section, the term: 492
(a) "Generative artificial intelligence" means a machine-493
based system that can, for a given set of human-defined 494
objectives, emulate the structure and characteristics of input 495
data in order to generate derived synthetic content, including 496
images, videos, audio, text, and other digital content. 497
(b) "Person" has the same meaning as in s. 1.01(3) but 498
also includes a government or a governmental subdivision, 499
agency, instrumentality, or public corporation. 500
HB 1395 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1395-00
Page 21 of 26
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(c) "Servicemember" has the same meaning as in s. 250.01 501
and includes any officer or enlisted member who died from 502
service-connected causes while on active duty. 503
(d) "Surviving children" means an individual's immediate 504
offspring and any children legally adopted by the individual. 505
(e) "Surviving spouse" means an individual's surviving 506
spouse under the law of the individual's domicile at the time of 507
the individual's death, regardless of whether the spouse later 508
remarried. 509
(2) A person may not publish, print, display, or otherwise 510
publicly use for trade or for any commercial or advertising 511
purpose the name, portrait, photograph, image, or other likeness 512
of an individual created through generative artificial 513
intelligence without the express written or oral consent to such 514
use given by any of the following: 515
(a) The individual. 516
(b) Any other person authorized in writing by the 517
individual to license the commercial use of the individual's 518
name, image, or likeness. 519
(c) If the individual is deceased: 520
1. A person authorized in writing to license the 521
commercial use of the individual's name, image, or likeness; or 522
2. If a person is not authorized, any one individual from 523
a class composed of the deceased individual's surviving spouse 524
and surviving children. A legal parent or guardian may give 525
HB 1395 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1395-00
Page 22 of 26
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
consent on behalf of a minor surviving child. 526
(3) A No person may not shall publish, print, display or 527
otherwise publicly use for purposes of trade or for any 528
commercial or advertising purpose the name, portrait, 529
photograph, image, or other likeness of an individual any 530
natural person without the express written or oral consent to 531
such use given by any of the following: 532
(a) The individual. Such person; or 533
(b) Any other person, firm or corporation authorized in 534
writing by the individual such person to license the commercial 535
use of the individual's her or his name, image, or likeness.; or 536
(c) If the individual such person is deceased:, 537
1. A any person, firm or corporation authorized in writing 538
to license the commercial use of the deceased individual's her 539
or his name, image, or likeness;, or 540
2. If a no person, firm or corporation is not so 541
authorized, then by any one individual from among a class 542
composed of the individual's her or his surviving spouse and 543
surviving children. A legal parent or guardian may give consent 544
on behalf of a minor surviving child. 545
(4)(2) If In the event the consent required in subsection 546
(2) or subsection (3) (1) is not obtained, the individual person 547
whose name, portrait, photograph, image, or other likeness is so 548
used, or a any person, firm, or corporation authorized by the 549
individual such person in writing to license the commercial use 550
HB 1395 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1395-00
Page 23 of 26
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of the individual's her or his name, image, or likeness, or, if 551
the individual person whose likeness is used is deceased, a any 552
person, firm, or corporation having the right to give such 553
consent, as provided in subsection (2) or subsection (3) 554
hereinabove, may bring an action to enjoin the such unauthorized 555
publication, printing, display, or other public use, and to 556
recover damages for any loss or injury resulting from the 557
unauthorized publication sustained by reason thereof, including 558
an amount that which would have been a reasonable royalty, and 559
punitive or exemplary damages. 560
(5)(3) If a person uses the name, portrait, photograph, 561
image, or other likeness of a servicemember member of the armed 562
forces without obtaining the consent required in subsection (2) 563
or subsection (3) (1) and the such use is not subject to an any 564
exception listed in this section, a court may impose a civil 565
penalty of up to $1,000 per violation in addition to the civil 566
remedies contained in subsection (4) (2). Each commercial 567
transaction constitutes a violation under this section. As used 568
in this section, the term "member of the armed forces" means an 569
officer or enlisted member of the Army, Navy, Air Force, Marine 570
Corps, Space Force, or Coast Guard of the United States, the 571
Florida National Guard, and the United States Reserve Forces, 572
including any officer or enlisted member who died as a result of 573
injuries sustained in the line of duty. 574
(6)(4) The provisions of This section does shall not apply 575
HB 1395 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1395-00
Page 24 of 26
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to any of the following: 576
(a) The publication, printing, display, or use of the 577
name, image, or likeness of an individual any person in a any 578
newspaper, magazine, book, news broadcast or telecast, or other 579
news medium or publication if used as part of a any bona fide 580
news report or presentation having a current and legitimate 581
public interest and if the where such name, image, or likeness 582
is not used for advertising purposes.; 583
(b) The use of an individual's such name, portrait, 584
photograph, image, or other likeness in connection with the 585
resale or other distribution of literary, musical, or artistic 586
productions or other articles of merchandise or property with 587
the individual's consent where such person has consented to the 588
use of her or his name, portrait, photograph, or likeness on or 589
in connection with the initial sale or distribution of the 590
productions, articles, or merchandise. thereof; or 591
(c) A Any photograph of an individual a person solely as a 592
member of the public if the individual and where such person is 593
not named or otherwise identified in or in connection with the 594
use of the such photograph. 595
(7)(5) An No action may not shall be brought under this 596
section by reason of a any publication, printing, display, or 597
other public use of the name, image, or likeness of an 598
individual a person occurring more than after the expiration of 599
40 years from and after the death of the individual such person. 600
HB 1395 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1395-00
Page 25 of 26
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(6) As used in this section, a person's "surviving spouse" 601
is the person's surviving spouse under the law of her or his 602
domicile at the time of her or his death, whether or not the 603
spouse has later remarried; and a person's "children" are her or 604
his immediate offspring and any children legally adopted by the 605
person. Any consent provided for in subsection (1) shall be 606
given on behalf of a minor by the guardian of her or his person 607
or by either parent. 608
(8)(7) The remedies provided for in this section are shall 609
be in addition to and not in limitation of the remedies and 610
rights of any person under the common law against the invasion 611
of her or his privacy. 612
Section 11. For the purpose of incorporating the amendment 613
made by this act to section 540.08, Florida Statutes, in a 614
reference thereto, section 540.10, Florida Statutes, is 615
reenacted to read: 616
540.10 Exemption of news media from liability.—No relief 617
may be obtained under s. 540.08 or s. 540.09, against any 618
broadcaster, publisher or distributor broadcasting, publishing 619
or distributing paid advertising matter by radio or television 620
or in a newspaper, magazine, or similar periodical without 621
knowledge or notice that any consent required by s. 540.08 or s. 622
540.09, in connection with such advertising matter has not been 623
obtained, except an injunction against the presentation of such 624
advertising matter in future broadcasts or in future issues of 625
HB 1395 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1395-00
Page 26 of 26
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
such newspaper, magazine, or similar periodical. 626
Section 12. For the purpose of incorporating the amendment 627
made by this act to section 540.08, Florida Statutes, in a 628
reference thereto, paragraph (c) of subsection (1) of section 629
743.08, Florida Statutes, is reenacted to read: 630
743.08 Removal of disabilities of minors; artistic or 631
creative services; professional sports contracts; judicial 632
approval.— 633
(1) A contract made by a minor or made by a parent or 634
guardian of a minor, or a contract proposed to be so made, may 635
be approved by the probate division of the circuit court or any 636
other division of the circuit court that has guardianship 637
jurisdiction, where the minor is a resident of this state or the 638
services of the minor are to be performed or rendered in this 639
state, where the contract sought to be approved is one under 640
which: 641
(c) The minor will endorse a product or service, or in any 642
other way receive compensation for the use of right of publicity 643
of the minor as that right is defined by s. 540.08. 644
Section 13. This act shall take effect July 1, 2026. 645