Artificial Intelligence Bill of Rights

CS for SB 482

First Engrossed

2026482e1

1 A bill to be entitled
2 An act relating to the Artificial Intelligence Bill of
3 Rights; amending s. 287.138, F.S.; defining the term
4 “artificial intelligence”; prohibiting a governmental
5 entity from extending or renewing a contract with
6 specified entities, beginning on a specified date;
7 prohibiting a local governmental entity from taking
8 certain actions relating to contracting with an entity
9 to provide artificial intelligence technology,
10 software, or products unless certain requirements are
11 met, beginning on a specified date; prohibiting a
12 governmental entity from entering into a contract with
13 an entity for artificial intelligence technology,
14 software, or products under certain circumstances;
15 providing a directive to the Division of Law Revision;
16 creating part IX of ch. 501, F.S., to be entitled the
17 “Artificial Intelligence Bill of Rights”; creating s.
18 501.9981, F.S.; providing a short title; creating s.
19 501.9982, F.S.; providing the rights of residents
20 relating to the use of artificial intelligence;
21 authorizing residents to exercise certain rights;
22 providing construction; creating s. 501.9983, F.S.;
23 defining terms; creating s. 501.9984, F.S.; requiring
24 companion chatbot platforms to prohibit a minor from
25 becoming or being an account holder unless the minor’s
26 parent or guardian consents; specifying requirements
27 for contract formation; requiring companion chatbot
28 platforms to provide the minor’s parent or guardian
29 certain options; requiring companion chatbot platforms
30 to terminate certain accounts or identifiers and
31 provide certain options; requiring companion chatbot
32 platforms to make certain disclosures and institute
33 certain measures to prevent their companion chatbots
34 from producing or sharing materials harmful to minors;
35 providing that knowing or reckless violations are
36 deceptive or unfair trade practices or acts;
37 authorizing the Department of Legal Affairs to bring
38 actions under the Florida Deceptive and Unfair Trade
39 Practices Act for such violations; providing civil
40 penalties; authorizing punitive damages under certain
41 circumstances; authorizing the department to grant
42 companion chatbot platforms a specified timeframe in
43 which to cure an alleged violation and to issue a
44 certain letter of guidance upon notification of an
45 alleged violation; authorizing the department to
46 consider certain information when making such
47 determination; providing applicability; authorizing
48 the companion chatbot platform to provide certain
49 information to the department in the event of an
50 alleged violation of certain requirements; prohibiting
51 the department from bringing an action against a
52 companion chatbot platform under certain
53 circumstances; authorizing the department to issue a
54 certain letter of guidance; authorizing the department
55 to bring an action against a companion chatbot
56 platform that fails to cure an alleged violation;
57 providing liability for knowing or reckless violations
58 of specified provisions; providing requirements for an
59 action brought pursuant to the act; providing that
60 certain companion chatbot platforms are subject to the
61 jurisdiction of state courts; providing construction;
62 authorizing the department to adopt rules; creating s.
63 501.9985, F.S.; requiring bot operators to
64 periodically provide a certain notification to a user;
65 providing applicability; authorizing the department to
66 bring actions under the Florida Deceptive and Unfair
67 Trade Practices Act for violations; providing civil
68 penalties; authorizing the department to grant an
69 operator a specified timeframe in which to cure an
70 alleged violation and to issue a certain letter of
71 guidance; authorizing the department to consider
72 certain information when making such determination;
73 authorizing the operator to provide certain
74 information to the department in the event of an
75 alleged violation of certain requirements; prohibiting
76 the department from bringing an action against an
77 operator under certain circumstances; authorizing the
78 department to issue a certain letter of guidance;
79 authorizing the department to bring an action against
80 an operator who fails to cure an alleged violation;
81 providing that certain bot operators are subject to
82 the jurisdiction of state courts; authorizing the
83 department to adopt rules; creating s. 501.9986, F.S.;
84 prohibiting artificial intelligence technology
85 companies from selling or disclosing the personal
86 information of users unless the information is
87 deidentified data; specifying that the sale or
88 disclosure of information authorized by federal law is
89 not prohibited; requiring artificial intelligence
90 technology companies in possession of deidentified
91 data to take specified measures to ensure such data
92 remains deidentified; authorizing the department to
93 bring actions under the Florida Deceptive and Unfair
94 Trade Practices Act for violations; providing civil
95 penalties; authorizing the department to grant an
96 artificial intelligence technology company a specified
97 timeframe in which to cure an alleged violation and to
98 issue a certain letter of guidance; authorizing the
99 department to consider certain information when making
100 such determination; authorizing the artificial
101 intelligence technology company to provide certain
102 information to the department in the event of an
103 alleged violation of certain requirements; prohibiting
104 the department from bringing an action against an
105 artificial intelligence technology company under
106 certain circumstances; authorizing the department to
107 issue a certain letter of guidance; authorizing the
108 department to bring an action against an artificial
109 intelligence company that fails to cure an alleged
110 violation; providing that certain artificial
111 intelligence technology companies are subject to the
112 jurisdiction of state courts; authorizing the
113 department to adopt rules; creating s. 501.9987, F.S.;
114 authorizing the department to take certain
115 investigative and compliance actions in connection
116 with potential violations of specified provisions;
117 authorizing the department to adopt rules; amending s.
118 540.08, F.S.; defining terms; prohibiting the
119 commercial use of an individual’s name, image, or
120 likeness created through artificial intelligence
121 without the individual’s or an authorized individual’s
122 consent; providing requirements for the use of the
123 name, image, or likeness of deceased persons;
124 providing penalties for the use of the name, image, or
125 likeness of a servicemember; providing applicability;
126 conforming provisions to changes made by the act;
127 amending s. 1002.42, F.S.; requiring certain private
128 schools to comply with specified provisions; creating
129 s. 1006.1495, F.S.; defining terms; prohibiting an
130 educational entity from using or providing students
131 access to artificial intelligence instructional tools
132 before a specified grade level; providing exceptions;
133 requiring an educational entity to provide parents
134 with specified notice before providing a student with
135 access to an artificial intelligence instructional
136 tool; requiring a parent to be provided the
137 opportunity to opt out of a student’s use of an
138 artificial intelligence instructional tool; providing
139 requirements for such opt-out process; requiring a
140 school district or public school to provide certain
141 activities if the parent opts out of the student’s use
142 of an artificial intelligence instructional tool;
143 requiring an operator to provide student access and
144 simultaneous parental access to a student account for
145 an artificial intelligence instructional tool;
146 providing methods to satisfy certain provisions;
147 specifying that an operator of an educational entity
148 does not have to create or maintain a transcript or
149 record of certain student interactions on the
150 artificial intelligence instructional tool; providing
151 construction; reenacting ss. 540.10 and 743.08(1)(c),
152 F.S., relating to the exemption of news media from
153 liability and contracts entered into by minors,
154 respectively, to incorporate the amendment made to s.
155 540.08, F.S., in references thereto; providing an
156 effective date.
157
158 Be It Enacted by the Legislature of the State of Florida:
159
160 Section 1. Present paragraphs (a) through (d) of subsection
161 (1) and present subsection (7) of section 287.138, Florida
162 Statutes, are redesignated as paragraphs (b) through (e) and
163 subsection (8), respectively, a new paragraph (a) is added to
164 subsection (1), a new subsection (7) is added to that section,
165 and subsection (3) of that section is amended, to read:
166 287.138 Contracting with entities of foreign countries of
167 concern prohibited.—
168 (1) As used in this section, the term:
169
(a) “Artificial intelligence” means a machine-based system

170
that can, for a given set of human-defined objectives, make

171
predictions, recommendations, or decisions influencing real or

172
virtual environments.

173 (3)
(a)
Beginning July 1, 2025, a governmental entity may
174 not extend or renew a contract with an entity listed in
175 paragraphs (2)(a)-(c) if the contract would give such entity
176 access to an individual’s personal identifying information.
177
Beginning July 1, 2026, a governmental entity may not extend or

178
renew a contract with an entity listed in paragraph (7)(a),

179
paragraph (7)(b), or paragraph (7)(c).

180
(b) Beginning July 1, 2026, a governmental entity may not

181
accept a bid on, a proposal for, or a reply to, or enter into a

182
contract with, an entity to provide artificial intelligence

183
technology, software, or products, including as a portion or an

184
option to the products or services provided under the contract,

185
unless the entity provides the governmental entity with an

186
affidavit signed by an officer or a representative of the entity

187
under penalty of perjury attesting that the entity does not meet

188
any of the criteria in paragraph (7)(a), paragraph (7)(b), or

189
paragraph (7)(c).

190
(7) A governmental entity may not knowingly enter into a

191
contract with an entity for artificial intelligence technology,

192
software, or products, including as a portion or an option to

193
the products or services provided under the contract, if:

194
(a) The entity is owned by the government of a foreign

195
country of concern;

196
(b) A government of a foreign country of concern has a

197
controlling interest in the entity; or

198
(c) The entity is organized under the laws of or has its

199
principal place of business in a foreign country of concern.

200 Section 2.
The Division of Law Revision is directed to

201
create part IX of chapter 501, Florida Statutes, consisting of

202
ss. 501.9981, 501.9982, 501.9983, 501.9984, 501.9985, 501.9986,

203
and 501.9987, Florida Statutes, to be entitled the “Artificial

204
Intelligence Bill of Rights.”

205 Section 3. Section 501.9981, Florida Statutes, is created
206 to read:
207
501.9981 Short title.—This part may be cited as the

208
“Artificial Intelligence Bill of Rights.”

209 Section 4. Section 501.9982, Florida Statutes, is created
210 to read:
211
501.9982

Rights relating to the use of artificial

212
intelligence.—

213
(1) Residents are entitled to certain rights with respect

214
to the use of artificial intelligence, including, but not

215
limited to:

216
(a)

The right to use artificial intelligence to improve

217
their own lives and the lives of family members, fellow

218
residents, and the world at large in accordance with the law.

219
(b) The right to supervise, access, limit, and control

220
their minor children’s use of artificial intelligence.

221
(c) The right to know whether they are communicating with a

222
human being or an artificial intelligence system, program, or

223
chatbot.

224
(d) The right to know whether artificial intelligence

225
technology companies are collecting personal information or

226
biometric data, and the right to expect artificial intelligence

227
technology companies to protect and deidentify that information

228
or data in accordance with the law.

229
(e) The right to pursue civil remedies authorized by law

230
against persons who use artificial intelligence to appropriate

231
the name, image, or likeness of others for commercial purposes

232
without their consent.

233
(f) The right to be protected by law from criminal acts,

234
such as fraud, exploitation, identity theft, stalking, and

235
cyberbullying, regardless of whether artificial intelligence is

236
used in the commission of those acts.

237
(g) The right to be protected by law from criminal acts

238
relating to the alteration of existing images to create sexual

239
or lewd or lascivious images or child pornography, regardless of

240
whether artificial intelligence is used in the commission of

241
those acts.

242
(h) The right to know whether political advertisements,

243
electioneering communications, or similar advertisements were

244
created in whole or in part with the use of artificial

245
intelligence.

246
(i) The right to pursue civil remedies authorized by law

247
against others who use artificial intelligence to slander,

248
libel, or defame them.

249
(j) The right to prevent a companion chatbot from engaging

250
with a user as a character that is protected by federal

251
copyright law without the express written consent of the

252
copyright owner.

253
(k) The right to prevent a companion chatbot from engaging

254
with a user as a character that is a living individual without

255
the express written consent of that individual.

256
(l) The right to prevent generative artificial intelligence

257
from using a character that is protected by federal copyright

258
law without the express written consent of the copyright owner.

259
(2)

Residents may exercise the rights described in this

260
section in accordance with existing law. This section may not be

261
construed as creating new or independent rights or entitlements.

262 Section 5. Section 501.9983, Florida Statutes, is created
263 to read:
264
501.9983 Definitions.—As used in this part, the term:

265
(1)

“Account holder” means an individual who opens an

266
account or creates a profile or is identified by the companion

267
chatbot platform by a unique identifier while he or she is using

268
or accessing the platform, if the platform knows or has reason

269
to believe the individual is a resident of this state.

270
(2) “Artificial intelligence” means a machine-based system

271
that can, for a given set of human-defined objectives, make

272
predictions, recommendations, or decisions influencing real or

273
virtual environments.

274
(3) “Artificial intelligence technology company” means a

275
business or organization that produces, develops, creates,

276
designs, or manufactures artificial intelligence technology or

277
products, collects data for use in artificial intelligence

278
products, or implements artificial intelligence technology.

279
(4) “Bot” means an automated online software application in

280
which all or substantially all of the actions or posts of the

281
account are not the result of a natural person.

282
(5)

“Companion chatbot” means an artificial intelligence

283
system with a natural language interface that provides adaptive,

284
human-like responses to user inputs and is capable of meeting a

285
user’s social needs by retaining information on prior

286
interactions or user sessions and user preferences to

287
personalize the interaction and facilitate ongoing engagement,

288
asking unprompted or unsolicited emotion-based questions that go

289
beyond a direct response to a user prompt, and sustaining an

290
ongoing dialogue personalized to the user. The term does not

291
include:

292
(a) A chatbot used only for customer service; a business’s

293
internal operational purposes, productivity and analysis; or

294
uses related to source information, internal research, or

295
technical assistance;

296
(b) A chatbot that is a feature of a video game or theme

297
park and is limited to replies related to the video game or

298
theme park experience and does not discuss topics related to

299
mental health, self-harm, or material harmful to minors or

300
maintain a dialogue on other topics unrelated to the video game

301
or theme park;

302
(c) A stand-alone consumer electronic device that functions

303
as a speaker and voice command interface, acts as a voice

304
activated virtual assistant, and does not sustain a relationship

305
across multiple interactions or generate outputs likely to

306
elicit emotional responses in the user; or

307
(d)

An artificial intelligence instructional tool, as

308
defined in s. 1006.1495.

309
(6) “Companion chatbot platform” means a platform that

310
allows a user to engage with companion chatbots.

311
(7) “Deidentified data” means data that cannot reasonably

312
be linked to an identified or identifiable individual or a

313
device linked to that individual.

314
(8) “Department” means the Department of Legal Affairs.

315
(9) “Material harmful to minors” has the same meaning as in

316
s. 501.1737(1).

317
(10)

“Minor” means any person 17 years of age or younger.

318
(11) “Operator” means a person who owns, operates, or

319
otherwise makes available a bot to individuals in this state.

320
(12) “Pop-up” means a visible notification on the computer,

321
tablet, or smartphone screen of a user which may be resolved if

322
the user interacts with or responds to the notification.

323
(13) “Resident” means an individual who has resided in this

324
state for more than 6 months during the preceding 12-month

325
period.

326
(14) “Theme park” has the same meaning as the term
theme

327
park or entertainment complex
as defined
in s. 509.013
.

328
(15) “User” means an individual who resides or is domiciled

329
in this state and who accesses an Internet website, online or

330
cloud-computing service, online application, or mobile

331
application.

332
(16) “Video game” means a game played on an electronic

333
amusement device that uses a computer, microprocessor, or

334
similar electronic circuitry and its own monitor, or is designed

335
to be used with a television set or a computer monitor, to

336
interact with the user of the device.

337 Section 6. Section 501.9984, Florida Statutes, is created
338 to read:
339
501.9984

Companion chatbot use for minors.—

340
(1) A companion chatbot platform shall prohibit a minor

341
from becoming or being an account holder unless the minor’s

342
parent or guardian provides consent. If a companion chatbot

343
platform allows a minor to become or be an account holder, the

344
parties have entered into a contract.

345
(a)

If the minor’s parent or guardian provides consent for

346
the minor to become an account holder or maintain an existing

347
account, the companion chatbot platform must allow the

348
consenting parent or guardian of the minor account holder to:

349
1. Receive copies of all past or present interactions

350
between the account holder and the companion chatbot;

351
2. Limit the amount of time that the account holder may

352
interact with the companion chatbot each day;

353
3. Limit the days of the week and the times during the day

354
when the account holder may interact with the companion chatbot;

355
4.

Disable any of the interactions between the account

356
holder and third-party account holders on the companion chatbot

357
platform; and

358
5.

Receive timely notifications if the account holder

359
expresses to the companion chatbot a desire or an intent to

360
engage in harm to self or others.

361
(b)

A companion chatbot platform shall do all of the

362
following:

363
1.

Terminate any account or identifier belonging to an

364
account holder who is a minor if the companion chatbot platform

365
treats or categorizes the account or identifier as belonging to

366
a minor for purposes of targeting content or advertising and if

367
the minor’s parent or guardian has not provided consent for the

368
minor pursuant to subsection (1). The companion chatbot platform

369
shall provide 90 days for the account holder to dispute the

370
termination. Termination must be effective upon the expiration

371
of the 90 days if the account holder fails to effectively

372
dispute the termination.

373
2.

Allow an account holder who is a minor to request to

374
terminate the account or identifier. Termination must be

375
effective within 5 business days after the request.

376
3.

Allow the consenting parent or guardian of an account

377
holder who is a minor to request that the minor’s account or

378
identifier be terminated. Termination must be effective within

379
10 business days after the request.

380
4.

Permanently delete all personal information held by the

381
companion chatbot platform relating to the terminated minor

382
account or identifier, unless state or federal law requires the

383
platform to maintain the information.

384
(2) In connection to all accounts or identifiers held by

385
account holders who are minors, the companion chatbot platform

386
shall do all of the following:

387
(a)

Disclose to the account holder that he or she is

388
interacting with artificial intelligence.

389
(b) Provide by default a clear and conspicuous notification

390
to the account holder, at the beginning of companion chatbot

391
interactions and at least once every hour during continuing

392
interactions, reminding the minor to take a break and that the

393
companion chatbot is artificially generated and not human.

394
(c) Institute reasonable measures to prevent the companion

395
chatbot from producing or sharing materials harmful to minors or

396
encouraging the account holder to engage in any of the conduct

397
described or depicted in materials harmful to minors.

398
(3) A knowing or reckless violation of this section is

399
deemed a deceptive or unfair trade practice or act actionable

400
under part II of this chapter solely by the department against a

401
companion chatbot platform. If the department has reason to

402
believe that a companion chatbot platform is in violation of

403
this section, the department, as the enforcing authority, may

404
bring an action against such platform for a deceptive or unfair

405
trade practice or act. In addition to other remedies under part

406
II of this chapter, the department may collect a civil penalty

407
of up to $50,000 per violation and reasonable attorney fees and

408
court costs. If the companion chatbot platform’s failure to

409
comply with this section is part of a consistent pattern of

410
knowing or reckless conduct, punitive damages may be assessed

411
against the companion chatbot platform.

412
(4)(a)

After the department has notified a companion

413
chatbot platform in writing of an alleged violation, the

414
department may grant the companion chatbot platform 45 calendar

415
days to cure the alleged violation and may issue a letter of

416
guidance stating that the companion chatbot platform will not be

417
offered another 45-calendar-day cure period for any future

418
violations of this section. The department may consider the

419
number and frequency of violations, the substantial likelihood

420
of injury to the public, and the safety of persons or property

421
in determining whether to grant the companion chatbot platform

422
45 calendar days to cure and issue the letter of guidance.

423
1. The 45-calendar-day cure period does not apply to an

424
alleged violation where the companion chatbot platform willfully

425
or knowingly disregarded the account holder’s age.

426
2. For an alleged violation of paragraph (2)(c), the

427
companion chatbot platform may provide for the department’s

428
consideration information that shows that the reasonable

429
measures taken by the platform include controls aligned with the

430
latest versions of the National Institute of Standards and

431
Technology AI Risk Management Framework, ISO 42001. Such

432
information may include structured interaction logs, status of

433
parental access controls, harm-signal detection and response

434
procedures enacted, and verified deletion events.

435
(b)

If the alleged violation is cured to the satisfaction

436
of the department, and proof of such cure is provided to the

437
department, the department may not bring an action for the

438
alleged violation but may issue a letter of guidance stating

439
that the companion chatbot platform will not be offered a 45

440
calendar-day cure period for any future violations of this

441
section.

442
(c)

If the companion chatbot platform fails to cure the

443
alleged violation within 45 calendar days, the department may

444
bring an action against such companion chatbot platform for the

445
alleged violation.

446
(5)(a) A companion chatbot platform that knowingly or

447
recklessly violates this section is liable to a minor account

448
holder for up to $10,000 in damages plus court costs and

449
reasonable attorney fees as ordered by the court.

450
(b) A civil action for a claim under this subsection must

451
be brought within 1 year after the date the complainant knew, or

452
reasonably should have known, of the alleged violation.

453
(c) An action brought under this subsection may be brought

454
only on behalf of a minor account holder.

455
(6) For purposes of bringing an action under this section,

456
a companion chatbot platform that allows a minor to become or be

457
an account holder on the platform is considered to be both

458
engaged in substantial and not isolated activities within this

459
state and operating, conducting, engaging in, or carrying on a

460
business, and doing business in this state, and is therefore

461
subject to the jurisdiction of the courts of this state.

462
(7) This section does not preclude any other available

463
remedy at law or equity.

464
(8)

The department may adopt rules to implement this

465
section.

466 Section 7. Section 501.9985, Florida Statutes, is created
467 to read:
468
501.9985

Consumer protections regarding bots.—

469
(1)

At the beginning of an interaction between a user and a

470
bot, and at least once every hour during the interaction, an

471
operator shall display a pop-up message or other prominent

472
notification notifying the user or, if the interaction is not

473
through a device with a screen, otherwise inform the user, that

474
he or she is not engaging in dialogue with a human counterpart.

475
This section does not apply to a bot that is used solely by

476
employees within a business for its internal operational

477
purposes.

478
(2) A violation of this section is deemed a deceptive or

479
unfair trade practice or act actionable under part II of this

480
chapter solely by the department on behalf of a user of a bot.

481
If the department has reason to believe that an operator is in

482
violation of this section, the department, as the enforcing

483
authority, may bring an action against the operator for a

484
deceptive or unfair trade practice or act. For the purpose of

485
bringing an action pursuant to this section, ss. 501.211 and

486
501.212 do not apply. In addition to any other remedy under part

487
II of this chapter, the department may collect a civil penalty

488
of up to $50,000 per violation and reasonable attorney fees and

489
court costs.

490
(3)(a) After the department has notified an operator in

491
writing of an alleged violation, the department may grant the

492
operator 45 calendar days to cure the alleged violation and may

493
issue a letter of guidance stating that the companion chatbot

494
platform will not be offered another 45-calendar-day cure period

495
for any future violations. The department may consider the

496
number and frequency of violations, the substantial likelihood

497
of injury to the public, and the safety of persons or property

498
in determining whether to grant an operator 45 calendar days to

499
cure and issue the letter of guidance.

500
(b) For an alleged violation of this section, the operator

501
may provide for the department’s consideration information that

502
demonstrates that the operator provides persistent and

503
conspicuous identity indicators and accessible disclosures which

504
are in conformity with the latest versions of the National

505
Institute of Standards and Technology AI Risk Management

506
Framework, ISO 42001.

507
(c) If the alleged violation is cured to the satisfaction

508
of the department and proof of such cure is provided to the

509
department, the department may not bring an action for the

510
alleged violation but may issue a letter of guidance that

511
indicates that the operator will not be offered a 45-calendar

512
day cure period for any future violations.

513
(d)

If the operator fails to cure the alleged violation

514
within the 45-calendar-day cure period, the department may bring

515
an action against such operator for the alleged violation.

516
(4) For purposes of bringing an action pursuant to this

517
section, an operator that owns, operates, or otherwise makes

518
available a bot to individuals in this state is considered to be

519
both engaged in substantial and not isolated activities within

520
this state and operating, conducting, engaging in, or carrying

521
on a business, and doing business in this state, and is

522
therefore subject to the jurisdiction of the courts of this

523
state.

524
(5) The department may adopt rules to implement this

525
section.

526 Section 8. Section 501.9986, Florida Statutes, is created
527 to read:
528
501.9986

Consumer protections regarding deidentified data.—

529
(1)

An artificial intelligence technology company may not

530
sell or disclose personal information of users unless the

531
information is deidentified data. This subsection does not

532
prohibit the sale or disclosure of information specifically

533
authorized by federal law.

534
(2) An artificial intelligence technology company in

535
possession of deidentified data shall do all of the following:

536
(a) Take reasonable measures to ensure that the data cannot

537
be associated with a user.

538
(b) Maintain and use the data in deidentified form. An

539
artificial intelligence technology company may not attempt to

540
reidentify the data, except that the artificial intelligence

541
technology company may attempt to reidentify the data solely for

542
the purpose of determining whether its deidentification

543
processes satisfy the requirements of this section.

544
(c) Contractually obligate a recipient of the deidentified

545
data to comply with this section.

546
(d) Implement business processes to prevent the inadvertent

547
release of deidentified data.

548
(3)

A violation of this section is deemed a deceptive or

549
unfair trade practice or act actionable under part II of this

550
chapter solely by the department. If the department has reason

551
to believe that an artificial intelligence technology company is

552
in violation of this section, the department, as the enforcing

553
authority, may bring an action against the artificial

554
intelligence technology company for a deceptive or unfair trade

555
practice or act. For the purpose of bringing an action pursuant

556
to this section, ss. 501.211 and 501.212 do not apply. In

557
addition to any other remedy under part II of this chapter, the

558
department may collect a civil penalty of up to $50,000 per

559
violation and reasonable attorney fees and court costs.

560
(4)(a) After the department has notified an artificial

561
intelligence technology company in writing of an alleged

562
violation, the department may grant the artificial intelligence

563
technology company 45 calendar days to cure the alleged

564
violation and may issue a letter of guidance stating that the

565
artificial intelligence technology company will not be offered

566
another 45-calendar-day cure period for any future violations.

567
The department may consider the number and frequency of

568
violations, the substantial likelihood of injury to the public,

569
and the safety of persons or property in determining whether to

570
grant the artificial intelligence technology company 45 calendar

571
days to cure and issue the letter of guidance.

572
(b) For an alleged violation of this section, the

573
artificial intelligence technology company may provide for the

574
department’s consideration information that shows that the

575
artificial intelligence technology company maintains a risk

576
management program that:

577
1. Validates the company’s information security and privacy

578
controls against a recognized framework aligned with the latest

579
versions of the National Institute of Standards and Technology

580
AI Risk Management Framework, ISO 42001; and

581
2. Includes assessed controls for deidentification,

582
contractual flow-down, non-reidentification, inadvertent release

583
prevention, monitoring, and auditing sufficient to demonstrate

584
that the company is taking reasonable measures to meet the

585
requirements of this section.

586
(c) If the alleged violation is cured to the satisfaction

587
of the department and proof of such cure is provided to the

588
department, the department may not bring an action for the

589
alleged violation but may issue a letter of guidance that

590
indicates that the artificial intelligence technology company

591
will not be offered another 45-calendar-day cure period for any

592
future violations.

593
(d)

If the artificial intelligence technology company fails

594
to cure the alleged violation within the 45-calendar-day cure

595
period, the department may bring an action against such

596
artificial intelligence technology company for the alleged

597
violation.

598
(5) For purposes of bringing an action pursuant to this

599
section, an artificial intelligence technology company that

600
produces, develops, creates, designs, or manufactures artificial

601
intelligence technology or products, collects data for use in

602
artificial intelligence products, or implements artificial

603
intelligence technology in this state is considered to be both

604
engaged in substantial and not isolated activities within this

605
state and operating, conducting, engaging in, or carrying on a

606
business, and doing business in this state, and is therefore

607
subject to the jurisdiction of the courts of this state.

608
(6) The department may adopt rules to implement this

609
section.

610 Section 9. Section 501.9987, Florida Statutes, is created
611 to read:
612
501.9987 Investigations.—

613
(1) If, by its own inquiry or as a result of complaints,

614
the department has reason to believe that a person has engaged

615
in, or is engaging in, a practice or an act that violates this

616
part, the department may administer oaths and affirmations,

617
subpoena witnesses or matter, and collect evidence. Within 5

618
days, excluding weekends and legal holidays, after service of a

619
subpoena, or at any time before the return date specified in the

620
subpoena, whichever time period is longer, the party served may

621
file in the circuit court in the county in which it resides or

622
in which it transacts business and serve upon the enforcing

623
authority a petition for an order modifying or setting aside the

624
subpoena. The petitioner may raise any objection or privilege

625
that would be available upon service of a subpoena in a civil

626
action. The subpoena must inform the party served of the party’s

627
rights under this subsection.

628
(2) If the matter that the department seeks to obtain by

629
subpoena is located outside this state, the person subpoenaed

630
may make the matter available to the department or its

631
representative at the place where it is located. The department

632
may designate representatives, including officials of the state

633
in which the matter is located, to inspect the matter on its

634
behalf and may respond to similar requests from officials of

635
other states.

636
(3) Upon the failure of a person, without lawful excuse, to

637
obey a subpoena and upon reasonable notice to all persons

638
affected, the department may apply to the circuit court for an

639
order compelling compliance.

640
(4) The department may request that a person who refuses to

641
comply with a subpoena on the grounds that the testimony or

642
matter may be self-incriminating be ordered by the court to

643
provide the testimony or matter. Except in a prosecution for

644
perjury, a person who complies with a court order to provide

645
testimony or matter after asserting a valid privilege against

646
self-incrimination may not have the testimony or matter so

647
provided, or evidence derived from the testimony or matter,

648
received against the person in any criminal investigation or

649
proceeding.

650
(5) A person upon whom a subpoena is served pursuant to

651
this part must comply with its terms unless otherwise provided

652
by order of the court. A person who fails to appear, with the

653
intent to avoid, evade, or prevent compliance in whole or in

654
part with an investigation under this part, or who removes from

655
any place, conceals, withholds, mutilates, alters, or destroys,

656
or by any other means falsifies any documentary material in the

657
possession, custody, or control of a person subject to a

658
subpoena, or who knowingly conceals relevant information with

659
the intent to avoid, evade, or prevent compliance, is liable for

660
a civil penalty of not more than $5,000 per week in violation,

661
reasonable attorney fees, and costs.

662
(6) The department may adopt rules to implement this

663
section.

664 Section 10. Section 540.08, Florida Statutes, is amended to
665 read:
666 540.08 Unauthorized publication of name
, image,
or
667 likeness.—
668 (1)
As used in this section, the term:

669
(a)

“Generative artificial intelligence” means a machine

670
based system that can, for a given set of human-defined

671
objectives, emulate the structure and characteristics of input

672
data in order to generate derived synthetic content, including

673
images, videos, audio, text, and other digital content.

674
(b) “Person” has the same meaning as in s. 1.01.

675
(c) “Servicemember” has the same meaning as in s. 250.01

676
and includes any officer or enlisted member who died from

677
service-connected causes while on active duty.

678
(d) “Surviving children” means an individual’s immediate

679
offspring and any children legally adopted by the individual.

680
(e) “Surviving spouse” means an individual’s surviving

681
spouse under the law of the individual’s domicile at the time of

682
the individual’s death, regardless of whether the spouse later

683
remarried.

684
(2) A person may not publish, print, display, or otherwise

685
publicly use for trade or for any commercial or advertising

686
purpose the name, portrait, photograph, image, or other likeness

687
of an individual created through generative artificial

688
intelligence without the express written or oral consent to such

689
use given by any of the following:

690
(a) The individual.

691
(b)

Any other person authorized in writing by the

692
individual to license the commercial use of the individual’s

693
name, image, or likeness.

694
(c)

If the individual is deceased:

695
1. A person authorized in writing to license the commercial

696
use of the individual’s name, image, or likeness; or

697
2. If a person is not authorized, any one individual from a

698
class composed of the deceased individual’s surviving spouse and

699
surviving children. A legal parent or guardian may give consent

700
on behalf of a minor surviving child.

701
(3)

A

No
person
may not

shall
publish, print, display or
702 otherwise publicly use for purposes of trade or for any
703 commercial or advertising purpose the name, portrait,
704 photograph,
image,
or other likeness of
an individual

any

705
natural person
without the express written or oral consent to
706 such use given by
any of the following
:
707 (a)
The individual.

Such person; or

708 (b) Any other person
, firm or corporation
authorized in
709 writing by
the individual

such person
to license the commercial
710 use of
the individual’s

her or his
name
, image,
or likeness
.
; or

711 (c) If
the individual

such person
is deceased
:
,

712
1. A

any
person
, firm or corporation
authorized in writing
713 to license the commercial use of
the deceased individual’s

her

714
or his
name
, image,
or likeness
;
,
or
715
2.
If
a

no
person
, firm or corporation
is
not

so

716 authorized,
then by
any one
individual
from
among
a class
717 composed of
the individual’s

her or his
surviving spouse and
718 surviving children.
A legal parent or guardian may give consent

719
on behalf of a minor surviving child.

720
(4)
(2)

If

In the event
the consent required in subsection
721
(2) or subsection (3)

(1)
is not obtained, the
individual

person

722 whose name, portrait, photograph,
image,
or other likeness is
so

723 used, or
a

any
person
, firm, or corporation
authorized by
the

724
individual

such person
in writing to license the commercial use
725 of
the individual’s

her or his
name
, image,
or likeness, or, if
726 the
individual

person
whose likeness is used is deceased,
a

any

727 person
, firm, or corporation
having the right to give
such

728 consent, as provided
in subsection (2) or subsection (3)

729
hereinabove
, may bring an action to enjoin
the

such
unauthorized
730 publication, printing, display
,
or other public use
,
and
to

731 recover damages for any loss or injury
resulting from the

732
unauthorized publication

sustained by reason thereof
, including
733 an amount
that

which
would have been a reasonable royalty, and
734 punitive or exemplary damages.
735
(5)
(3)
If a person uses the name, portrait, photograph,
736
image,
or other likeness of a
servicemember

member of the armed

737
forces
without obtaining the consent required in subsection
(2)

738
or subsection (3)

(1)
and
the

such
use is not subject to
an

any

739 exception listed in this section, a court may impose a civil
740 penalty of up to $1,000 per violation in addition to the civil
741 remedies contained in subsection
(4)

(2)
. Each commercial
742 transaction constitutes a violation under this section.
As used

743
in this section, the term “member of the armed forces” means an

744
officer or enlisted member of the Army, Navy, Air Force, Marine

745
Corps, Space Force, or Coast Guard of the United States, the

746
Florida National Guard, and the United States Reserve Forces,

747
including any officer or enlisted member who died as a result of

748
injuries sustained in the line of duty.

749
(6)
(4)

The provisions of
This section
does

shall
not apply
750 to
any of the following
:
751 (a) The publication, printing, display, or use of the name
,

752
portrait, photograph, image,
or
other
likeness of
an individual

753
any person
in
a

any
newspaper, magazine, book, news broadcast or
754 telecast,
radio broadcast,
or other news medium or publication
755
if used
as part of
a

any
bona fide news report or presentation
756 having a current and legitimate public interest and
if the

where

757
such
name
, image,
or likeness is not used for advertising
758 purposes
.
;

759 (b)
The publication, printing, display, or use of the name,

760
portrait, photograph, image, or other likeness of an individual

761
created through generative artificial intelligence in a

762
newspaper, magazine, book, news broadcast or telecast, radio

763
broadcast, or other news medium or publication if the generative

764
artificial intelligence is used as part of a bona fide news

765
report or presentation and
that
report or presentation contains

766
a clear acknowledgement
of speculation regarding
the

767
authenticity of the materials which are the subject of the

768
report or presentation.

769
(c)
The use of
an individual’s

such
name, portrait,
770 photograph,
image,
or other likeness in connection with the
771 resale or other distribution of literary, musical, or artistic
772 productions or other articles of merchandise or property
with

773
the individual’s consent

where such person has consented to the

774
use of her or his name, portrait, photograph, or likeness
on or
775 in connection with the initial sale or distribution
of the

776
productions, articles, or merchandise.

thereof; or

777
(d)
(c)

A

Any
photograph of
an individual

a person
solely as
778 a member of the public
if the individual

and where such person

779 is not named or otherwise identified in or in connection with
780 the use of
the

such
photograph.
781
(7)
(5)

An

No
action
may not

shall
be brought under this
782 section by reason of
a

any
publication, printing, display, or
783 other public use of the name
, portrait, photograph, image,
or
784
other
likeness of
an individual

a person
occurring
more than

785
after the expiration of
40 years
from and
after the death of
the

786
individual

such person
.
787
(6) As used in this section, a person’s “surviving spouse”

788
is the person’s surviving spouse under the law of her or his

789
domicile at the time of her or his death, whether or not the

790
spouse has later remarried; and a person’s “children” are her or

791
his immediate offspring and any children legally adopted by the

792
person. Any consent provided for in subsection (1) shall be

793
given on behalf of a minor by the guardian of her or his person

794
or by either parent.

795
(8)
(7)
The remedies
provided for
in this section
are

shall

796
be
in addition to and not in limitation of the remedies and
797 rights of any person under the common law against the invasion
798 of her or his privacy.
799 Section 11. Subsection (21) is added to section 1002.42,
800 Florida Statutes, to read:
801 1002.42 Private schools.—
802
(21)
ARTIFICIAL INTELLIGENCE INSTRUCTIONAL TOOLS.—A private

803
school that provides student access to an artificial

804
intelligence instructional tool, as defined in s. 1006.1495,

805
must comply with the provisions in that section.

806 Section 12. Section 1006.1495, Florida Statutes, is created
807 to read:
808
1006.1495

Artificial intelligence instructional tools;

809
parental notice, opt-out, and account access.—

810
(1)

DEFINITIONS.—As used in this section, the term:

811
(a)

“Artificial intelligence instructional tool” means a

812
software application or service that uses artificial

813
intelligence, including machine learning, which is made

814
available to a student by an educational entity for educational

815
purposes, including instruction, tutoring, practice, feedback,

816
or completing educator-directed assignments, and that is not

817
designed, marketed, or configured to:

818
1.

Meet a student’s social needs;

819
2.

Simulate friendship, companionship, or an emotional

820
relationship with a student; or

821
3.

Employ relationship-building or anthropomorphic design

822
features for the purpose of encouraging a student to continue

823
interacting with the system.

824
(b)

“Educational entity” means a school district, a public

825
school, or a private school. The term includes a VPK provider

826
meaning a private prekindergarten provider or a public school

827
prekindergarten provider, as those terms are defined in s.

828
1002.51, which delivers the Voluntary Prekindergarten Education

829
Program under part V of chapter 1002.

830
(c)

“Operator” means a person who operates an artificial

831
intelligence instructional tool and collects, receives,

832
maintains, or uses student information or student-generated

833
content through the tool.

834
(d)

“Parent” includes a parent, guardian, or other person

835
with legal authority to make educational decisions for a

836
student.

837
(e)

“Private school” has the same meaning as in s.

838
1002.01(3).

839
(f)

“Public school” means a component described in s.

840
1000.04(2), (4), (5), or (6).

841
(2)

RESTRICTION.—An educational entity may not provide

842
students with access to an artificial intelligence instructional

843
tool before grade 6 unless such use is:

844
(a)

Directed and supervised by school personnel;

845
(b)

For translation or similar support necessary for a

846
student identified as an English language learner; or

847
(c)

For accommodations, assistive technology, or similar

848
support necessary for a student with a documented disability.

849
(3)

EDUCATIONAL USE; PARENTAL NOTICE.—Before a student is

850
provided access credentials for an artificial intelligence

851
instructional tool, the educational entity must provide the

852
parent of a minor student with notice that:

853
(a)

Identifies the tool and its educational purpose;

854
(b)

Describes, in general terms, the manner in which the

855
tool will be used by students;

856
(c)

Explains how the parent may exercise the opt-out

857
process under subsection (4); and

858
(d)

Explains how the parent may access the student’s

859
account or request access to information and account activity

860
under subsection (5), including the method for submitting a

861
written request.

862
(4)

PARENTAL OPT-OUT.—

863
(a)

A parent of a minor student must be provided the

864
opportunity to opt out of the student’s use of an artificial

865
intelligence instructional tool.

866
(b)

The opt-out process must align with the educational

867
entity’s existing policies for parental notice, consent,

868
objection, or opt out for instructional materials, digital

869
tools, or online accounts, as applicable.

870
(c)

If a parent opts out of a student’s use of an

871
artificial intelligence instructional tool and the student is

872
enrolled in a public school, the school district or public

873
school must provide an alternative instructional activity that

874
allows the student to meet a comparative educational requirement

875
without penalty.

876
(5)

PARENT ACCOUNT ACCESS; COMPLIANCE OPTIONS.—

877
(a)

At the time an operator provides a student’s access

878
credentials or otherwise provides or enables student access to

879
an educational entity for an artificial intelligence

880
instructional tool, the operator shall simultaneously provide to

881
the educational entity a means to authorize the parent of a

882
minor student to access information and account activity

883
maintained within the artificial intelligence instructional

884
tool.

885
(b)

The operator may satisfy paragraph (a) by:

886
1. P
roviding
the parent of a minor student credentials or

887
another method for read-only access to the student’s account; or

888
2.

Upon written request from the parent of a minor student,

889
providing access to the information and account activity

890
maintained within the tool, in accordance with applicable state

891
and federal law, within 30 days after receipt of the request.

892
The educational entity shall inform the parent of the right to

893
make such a request and the method for submitting the request.

894
(c)

If an educational entity satisfies
sub
paragraph (b)1.,

895
the educational entity
must
provide the credentials or other

896
access method at the time the educational entity provides the

897
student
with
access credentials or otherwise enables student

898
access.

899
(d)

This subsection does not require an operator or

900
educational entity to create or retain a transcript or record of

901
student interactions beyond information otherwise maintained in

902
the ordinary course of providing access to the tool.

903
(6)

CONSTRUCTION.—This section does not alter:

904
(a)

A parent’s rights under state or federal law to access

905
student education records; or

906
(b)

An educational entity’s obligations under applicable

907
state and federal student privacy laws.

908 Section 13. For the purpose of incorporating the amendment
909 made by this act to section 540.08, Florida Statutes, in a
910 reference thereto, section 540.10, Florida Statutes, is
911 reenacted to read:
912 540.10 Exemption of news media from liability.—No relief
913 may be obtained under s. 540.08 or s. 540.09, against any
914 broadcaster, publisher or distributor broadcasting, publishing
915 or distributing paid advertising matter by radio or television
916 or in a newspaper, magazine, or similar periodical without
917 knowledge or notice that any consent required by s. 540.08 or s.
918 540.09, in connection with such advertising matter has not been
919 obtained, except an injunction against the presentation of such
920 advertising matter in future broadcasts or in future issues of
921 such newspaper, magazine, or similar periodical.
922 Section 14. For the purpose of incorporating the amendment
923 made by this act to section 540.08, Florida Statutes, in a
924 reference thereto, paragraph (c) of subsection (1) of section
925 743.08, Florida Statutes, is reenacted to read:
926 743.08 Removal of disabilities of minors; artistic or
927 creative services; professional sports contracts; judicial
928 approval.—
929 (1) A contract made by a minor or made by a parent or
930 guardian of a minor, or a contract proposed to be so made, may
931 be approved by the probate division of the circuit court or any
932 other division of the circuit court that has guardianship
933 jurisdiction, where the minor is a resident of this state or the
934 services of the minor are to be performed or rendered in this
935 state, where the contract sought to be approved is one under
936 which:
937 (c) The minor will endorse a product or service, or in any
938 other way receive compensation for the use of right of publicity
939 of the minor as that right is defined by s. 540.08.
940 Section 15. This act shall take effect July 1, 2026.