Read the full stored bill text
Florida Senate
-
2026
SB 1344
By
Senator Burton
12-00648A-26 20261344__
1 A bill to be entitled
2 An act relating to companion artificial intelligence
3 chatbots; creating s. 501.1739, F.S.; defining terms;
4 requiring operators to require an individual seeking
5 access to a companion AI chatbot to create a user
6 account; requiring operators to meet specified
7 requirements for existing and newly created companion
8 AI chatbot user accounts; requiring operators to take
9 certain actions if the age verification process
10 determines that a user is a minor; requiring operators
11 to protect the confidentiality of age verification
12 information provided by a user; requiring operators to
13 provide certain notifications to a user which indicate
14 that the user is interacting with a companion AI
15 chatbot; providing that violations of the act are
16 deemed deceptive and unfair trade practices;
17 authorizing the Department of Legal Affairs to bring
18 an action against an operator upon a certain finding;
19 providing applicability; authorizing the department to
20 collect a civil penalty, reasonable attorney fees, and
21 court costs; providing that age verification performed
22 for an operator in violation of this section is an
23 unfair and deceptive trade practice; providing
24 construction; providing that certain operators are
25 subject to the jurisdiction of state courts;
26 authorizing the department to take certain
27 investigative and compliance actions; providing a
28 civil penalty for any entity or person who fails to
29 comply with certain provisions and investigations;
30 authorizing the department to adopt rules; providing
31 an effective date.
32
33 Be It Enacted by the Legislature of the State of Florida:
34
35 Section 1. Section 501.1739, Florida Statutes, is created
36 to read:
37
501.1739
Companion artificial intelligence chatbots; system
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operators regulated
.—
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(1)
As used in this section, the term:
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(a)
“Anonymous age verification” has the same meaning as in
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s. 501.1738.
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(b)
“Companion AI chatbot” means any software-based
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artificial intelligence system or program that exists for the
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primary purpose of simulating interpersonal or emotional
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interaction, friendship, companionship, or therapeutic
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communication with a user.
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(c)
“Department” means the Department of Legal Affairs.
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(d)
“Minor” means any individual who is under 18 years of
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age.
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(e)
“Operator” means any person who owns, operates, or
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otherwise makes available a companion AI chatbot to individuals
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in this state.
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(f)
“Pop-up” means a visible notification on the screen of
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a user which may be resolved if the user interacts with or
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responds to the notification.
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(g)
“Sexually explicit communication” means any content,
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conversation, or material that describes, depicts, or encourages
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sexually explicit conduct, sexual excitement, or sexual
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activity.
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(h)
“Standard age verification” means any commercially
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reasonable method of age verification approved by the operator.
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(2)
An operator shall require an individual seeking access
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to a companion AI chatbot to create a user account to use or
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otherwise interact with the chatbot.
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(3)
With respect to companion AI chatbot user accounts in
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existence before July 1, 2026, an operator shall:
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(a)
On such date, freeze or otherwise disable any such
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account;
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(b)
Require the user of the frozen or disabled account to
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provide age information and verify that information using
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standard age verification or anonymous age verification before
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the functionality of such account may be restored; and
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(c)
Using standard age verification or anonymous age
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verification, classify each user as either a minor or an adult.
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(4)
Upon the creation of a new companion AI chatbot user
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account, an operator shall:
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(a)
Request age information from the user; and
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(b)
Verify the user’s age using standard age verification
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or anonymous age verification.
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(5)
If the age verification process determines that a user
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is a minor, an operator must do all of the following:
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(a)
Require the account of such user to be affiliated with
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a parental account that has been verified using standard age
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verification or anonymous age verification;
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(b)
Obtain verifiable parental consent from the holder of
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the affiliate parental account before allowing the minor to
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access and use the companion AI chatbot; and
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(c)
Block the minor’s access to any companion AI chatbot
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that prompts, promotes, solicits, or otherwise suggests sexually
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explicit communication.
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(6)
An operator shall protect the confidentiality of age
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information provided by a user for age verification in
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accordance with s. 501.1738.
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(7)
At the beginning of any interaction between a user and
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a companion AI chatbot, and no less frequently than every 60
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minutes thereafter during such interaction, an operator shall
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display a pop-up that notifies users that they are not engaging
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in dialogue with a human counterpart.
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(8)(a)
A violation of this section is deemed an unfair and
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deceptive trade practice actionable under part II of this
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chapter solely by the department on behalf of a user of a
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companion AI chatbot. If the department has reason to believe
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that an operator is in violation of this section, the department
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may, as the enforcing authority, bring an action against the
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operator for an unfair or deceptive act or practice. For the
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purpose of bringing an action pursuant to this section, ss.
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501.211 and 501.212 do not apply. In addition to any other
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remedy under part II of this chapter, the department may collect
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a civil penalty of up to $50,000 per violation and reasonable
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attorney fees and court costs.
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(b)
A third party that performs age verification for an
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operator in violation of this section is deemed to have
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committed an unfair and deceptive trade practice actionable
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under part II of this chapter by the department solely against
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such third party. For the purpose of bringing an action pursuant
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to this section, ss. 501.211 and 501.212 do not apply.
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(9)
This section does not preclude any other available
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remedy at law or equity.
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(10)
For purposes of bringing an action pursuant to this
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section, any entity or person who meets the definition of an
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operator that owns, operates, or otherwise makes available a
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companion AI chatbot to individuals in this state is considered
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both to be engaged in substantial and not isolated activities
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within this state and to be operating, conducting, engaging in,
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or carrying on a business, and doing business in this state, and
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is therefore subject to the jurisdiction of the courts of this
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state.
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(11)(a)
If,
by its own inquiry or as a result of
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complaints, the department has reason to believe that an entity
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or a person has engaged in, or is engaging in, an act or
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practice that violates this section, the department may
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administer oaths and affirmations, subpoena witnesses or matter,
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and collect evidence. Within 5 days, excluding weekends and
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legal holidays, after the service of a subpoena or at any time
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before the return date specified therein, whichever is longer,
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the party served may file in the circuit court in the county in
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which it resides or in which it transacts business and serve
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upon the enforcing authority a petition for an order modifying
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or setting aside the subpoena. The petitioner may raise any
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objection or privilege which would be available upon service of
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such subpoena in a civil action. The subpoena must inform the
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party served of its rights under this subsection.
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(b)
If the
matter that the department seeks to obtain by
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subpoena is located outside this state, the entity or person
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subpoenaed may make it available to the department or its
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representative to examine the matter at the place where the
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party is located. The department may designate representatives,
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including officials of the state where the matter is located, to
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inspect the matter on its behalf and may respond to similar
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requests from officials of other states.
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(c)
Upon failure of an entity or a person without lawful
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excuse to obey a subpoena and upon reasonable notice to all
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persons affected, the department may apply to the circuit court
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for an order compelling compliance.
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(d)
The department may request that an entity or a person
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who refuses to comply with a subpoena on the ground that
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testimony or matter may incriminate the entity or person be
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ordered by the court to provide the testimony or matter. Except
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in a prosecution for perjury, an entity or person who complies
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with a court order to provide testimony or matter after
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asserting a valid privilege against self-incrimination may not
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have the testimony or matter so provided, or evidence derived
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therefrom, received against the entity or person in any criminal
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investigation or proceeding.
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(e)
An entity or a person upon whom a subpoena is served
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pursuant to this section shall comply with the terms thereof
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unless otherwise provided by order of the court. Any entity or
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person who fails to appear with the intent to avoid, evade, or
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prevent compliance in whole or in part with any investigation
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under this part or who removes from any place, conceals,
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withholds, mutilates, alters, or destroys, or by any other means
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falsifies any documentary material in the possession, custody,
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or control of any entity or person subject to any such subpoena,
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or knowingly conceals any relevant information with the intent
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to avoid, evade, or prevent compliance, is liable for a civil
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penalty of not more than $5,000 per week in violation,
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reasonable attorney fees, and costs.
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(12)
The department may adopt rules to implement this
179
section.
180 Section 2. This act shall take effect July 1, 2026.