WHAT THIS BILL REGULATES · 5 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1)(a) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.Fla. Stat. § 501.9983(2)" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.
(3)(a) 1 Beginning July 1, 2025, a governmental entity may not extend or renew a contract with an entity listed in paragraphs (2)(a)-(c) if the contract would give such entity access to an individual's personal identifying information. Beginning July 1, 2026, a governmental entity may not extend or renew a contract with an entity listed in paragraph (7)(a), paragraph (7)(b), or paragraph (7)(c).
(3)(b) 2 Beginning July 1, 2026, a governmental entity may not accept a bid on, a proposal for, or a reply to, or enter into a contract with, an entity to provide artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.Fla. Stat. § 501.9983(2) technology, software, or products, including as a portion or an option to the products or services provided under the contract, unless the entity provides the governmental entity with an affidavit signed by an officer or a representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in paragraph (7)(a), paragraph (7)(b), or paragraph (7)(c).
(7) 1 A governmental entity may not knowingly enter into a contract with an entity for artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.Fla. Stat. § 501.9983(2) technology, software, or products, including as a portion or an option to the products or services provided under the contract, if: (a) The entity is owned by the government of a foreign country of concern; (b) A government of a foreign country of concern has a controlling interest in the entity; or (c) The entity is organized under the laws of or has its principal place of business in a foreign country of concern.
This section amends Florida's existing prohibition on government contracting with entities of foreign countries of concern to add AI-specific restrictions. Beginning July 1, 2026, governmental entities may not extend, renew, or enter into contracts for AI technology, software, or products with entities owned by, controlled by, or organized under the laws of a foreign country of concern. Vendors must provide a sworn affidavit attesting they do not meet the prohibited-entity criteria before a governmental entity may accept a bid or enter into a contract for AI products.
501.9981 Short title.—This part may be cited as the "Artificial IntelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.Fla. Stat. § 501.9983(2) Bill of Rights."
This section establishes the short title for Part IX of Chapter 501 as the Artificial Intelligence Bill of Rights. It creates no substantive obligations.
(1)(a)-(i) Floridians are entitled to certain rights with respect to the use of artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.Fla. Stat. § 501.9983(2), including, but not limited to: (a) The right to use artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.Fla. Stat. § 501.9983(2) to improve their own lives and the lives of family members, fellow residents, and the world at large in accordance with the law. (b) The right to supervise, access, limit, and control their minorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10) children's use of artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.Fla. Stat. § 501.9983(2). (c) The right to know whether they are communicating with a human being or an artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.Fla. Stat. § 501.9983(2) system, program, or chatbot. (d) The right to know if artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.Fla. Stat. § 501.9983(2) technology companies are collecting personal information or biometric data, and the right to expect artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.Fla. Stat. § 501.9983(2) technology companies to protect and deidentify that information or data in accordance with the law. (e) The right to pursue civil remedies authorized by law against persons who use artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.Fla. Stat. § 501.9983(2) to appropriate the name, image, or likeness of others for commercial purposes without their consent. (f) The right to be protected by law from criminal acts, such as fraud, exploitation, identity theft, stalking, and cyberbullying, regardless of whether artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.Fla. Stat. § 501.9983(2) is used in the commission of those acts. (g) The right to be protected by law from criminal acts relating to the alteration of existing images to create sexual or lewd or lascivious images or child pornography, regardless of whether artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.Fla. Stat. § 501.9983(2) is used in the commission of those acts. (h) The right to know whether political advertisements, electioneering communications, or similar advertisements were created in whole or in part with the use of artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.Fla. Stat. § 501.9983(2). (i) The right to pursue civil remedies authorized by law against others who use artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.Fla. Stat. § 501.9983(2) to slander, libel, or defame them.
(2) Floridians may exercise the rights described in this section in accordance with existing law. This section may not be construed as creating new or independent rights or entitlements.
This section enumerates a set of aspirational rights for Florida residents with respect to AI, including the right to know when communicating with AI, parental supervision rights, data protection expectations, and rights to pursue civil remedies for AI-generated likeness misappropriation. However, the section expressly provides that it does not create new or independent rights or entitlements — these rights are exercisable only through existing law. As a result, this section imposes no independent compliance obligations.
(1)-(15) 501.9983 Definitions.—As used in this part, the term: (1) "Account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he or she is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.Fla. Stat. § 501.9983(1)" means an individual who opens an account or creates a profile or is identified by the companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with companion chatbots.Fla. Stat. § 501.9983(6) by a unique identifier while he or she is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state. (2) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.Fla. Stat. § 501.9983(2)" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments. (3) "Artificial intelligence technology companyArtificial intelligence technology company"Artificial intelligence technology company" means a business or organization that produces, develops, creates, designs, or manufactures artificial intelligence technology or products, collects data for use in artificial intelligence products, or implements artificial intelligence technology.Fla. Stat. § 501.9983(3)" means a business or organization that produces, develops, creates, designs, or manufactures artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.Fla. Stat. § 501.9983(2) technology or products, collects data for use in artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.Fla. Stat. § 501.9983(2) products, or implements artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.Fla. Stat. § 501.9983(2) technology. (4) "BotBot"Bot" means an automated online software application in which all or substantially all of the actions or posts of the account are not the result of a natural person.Fla. Stat. § 501.9983(4)" means an automated online software application in which all or substantially all of the actions or posts of the account are not the result of a natural person. (5) "Companion chatbotCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. The term does not include: (a) A chatbot used only for customer service, a business's operational purposes, productivity and analysis related to source information, internal research, or technical assistance; (b) A chatbot that is a feature of a video game and is limited to replies related to the video game and does not discuss topics related to mental health, self-harm, or material harmful to minors or maintain a dialogue on other topics unrelated to the video game; or (c) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.Fla. Stat. § 501.9983(5)" means an artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.Fla. Stat. § 501.9983(2) system with a natural language interface that provides adaptive, human-like responses to userUser"User" means an individual who resides or is domiciled in this state and who accesses an Internet website, online or cloud-computing service, online application, or mobile application.Fla. Stat. § 501.9983(14) inputs and is capable of meeting a userUser"User" means an individual who resides or is domiciled in this state and who accesses an Internet website, online or cloud-computing service, online application, or mobile application.Fla. Stat. § 501.9983(14)'s social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. The term does not include: (a) A chatbot used only for customer service, a business's operational purposes, productivity and analysis related to source information, internal research, or technical assistance; (b) A chatbot that is a feature of a video game and is limited to replies related to the video game and does not discuss topics related to mental health, self-harm, or material harmful to minorsMaterial harmful to minors"Material harmful to minors" has the same meaning as in s. 501.1737(1).Fla. Stat. § 501.9983(9) or maintain a dialogue on other topics unrelated to the video game; or (c) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the userUser"User" means an individual who resides or is domiciled in this state and who accesses an Internet website, online or cloud-computing service, online application, or mobile application.Fla. Stat. § 501.9983(14). (6) "Companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with companion chatbots.Fla. Stat. § 501.9983(6)" means a platform that allows a userUser"User" means an individual who resides or is domiciled in this state and who accesses an Internet website, online or cloud-computing service, online application, or mobile application.Fla. Stat. § 501.9983(14) to engage with companion chatbotsCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. The term does not include: (a) A chatbot used only for customer service, a business's operational purposes, productivity and analysis related to source information, internal research, or technical assistance; (b) A chatbot that is a feature of a video game and is limited to replies related to the video game and does not discuss topics related to mental health, self-harm, or material harmful to minors or maintain a dialogue on other topics unrelated to the video game; or (c) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.Fla. Stat. § 501.9983(5). (7) "Deidentified dataDeidentified data"Deidentified data" means data that cannot reasonably be linked to an identified or identifiable individual or a device linked to that individual.Fla. Stat. § 501.9983(7)" means data that cannot reasonably be linked to an identified or identifiable individual or a device linked to that individual. (8) "DepartmentDepartment"Department" means the Department of Legal Affairs.Fla. Stat. § 501.9983(8)" means the Department of Legal Affairs. (9) "Material harmful to minorsMaterial harmful to minors"Material harmful to minors" has the same meaning as in s. 501.1737(1).Fla. Stat. § 501.9983(9)" has the same meaning as in s. 501.1737(1). (10) "MinorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10)" means any person 17 years of age or younger. (11) "OperatorOperator"Operator" means a person who owns, operates, or otherwise makes available a bot to individuals in this state.Fla. Stat. § 501.9983(11)" means a person who owns, operates, or otherwise makes available a botBot"Bot" means an automated online software application in which all or substantially all of the actions or posts of the account are not the result of a natural person.Fla. Stat. § 501.9983(4) to individuals in this state. (12) "Pop-upPop-up"Pop-up" means a visible notification on the computer, tablet, or smartphone screen of a user which may be resolved if the user interacts with or responds to the notification.Fla. Stat. § 501.9983(12)" means a visible notification on the computer, tablet, or smartphone screen of a userUser"User" means an individual who resides or is domiciled in this state and who accesses an Internet website, online or cloud-computing service, online application, or mobile application.Fla. Stat. § 501.9983(14) which may be resolved if the userUser"User" means an individual who resides or is domiciled in this state and who accesses an Internet website, online or cloud-computing service, online application, or mobile application.Fla. Stat. § 501.9983(14) interacts with or responds to the notification. (13) "Resident" means an individual who has resided in this state for more than 6 months during the preceding 12-month period. (14) "UserUser"User" means an individual who resides or is domiciled in this state and who accesses an Internet website, online or cloud-computing service, online application, or mobile application.Fla. Stat. § 501.9983(14)" means an individual who resides or is domiciled in this state and who accesses an Internet website, online or cloud-computing service, online application, or mobile application. (15) "Video game" means a game played on an electronic amusement device that uses a computer, microprocessor, or similar electronic circuitry and its own monitor, or is designed to be used with a television set or a computer monitor, to interact with the user of the device.
This section defines the key terms used throughout Part IX of Chapter 501. Defined terms include account holder, artificial intelligence, artificial intelligence technology company, bot, companion chatbot (with carve-outs for customer-service bots, video-game bots, and standalone voice assistants), companion chatbot platform, deidentified data, department, material harmful to minors, minor (17 and under), operator, pop-up, resident, user, and video game. These definitions govern §§ 501.9984–501.9987.
(1) 3 A companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with companion chatbots.Fla. Stat. § 501.9983(6) shall prohibit a minorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10) from entering into a contract with the platform to become an account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he or she is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.Fla. Stat. § 501.9983(1) or from maintaining an existing account, unless the minorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10)'s parent or guardian provides consent for the minorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10) to become an account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he or she is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.Fla. Stat. § 501.9983(1) or maintain an existing account.
(1)(a) 4 If the minorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10)'s parent or guardian provides consent for the minorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10) to become an account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he or she is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.Fla. Stat. § 501.9983(1) or maintain an existing account, the companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with companion chatbots.Fla. Stat. § 501.9983(6) must allow the consenting parent or guardian of the minorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10) account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he or she is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.Fla. Stat. § 501.9983(1) to: 1. Receive copies of all past or present interactions between the account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he or she is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.Fla. Stat. § 501.9983(1) and the companion chatbotCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. The term does not include: (a) A chatbot used only for customer service, a business's operational purposes, productivity and analysis related to source information, internal research, or technical assistance; (b) A chatbot that is a feature of a video game and is limited to replies related to the video game and does not discuss topics related to mental health, self-harm, or material harmful to minors or maintain a dialogue on other topics unrelated to the video game; or (c) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.Fla. Stat. § 501.9983(5); 2. Limit the amount of time that the account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he or she is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.Fla. Stat. § 501.9983(1) may interact with the companion chatbotCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. The term does not include: (a) A chatbot used only for customer service, a business's operational purposes, productivity and analysis related to source information, internal research, or technical assistance; (b) A chatbot that is a feature of a video game and is limited to replies related to the video game and does not discuss topics related to mental health, self-harm, or material harmful to minors or maintain a dialogue on other topics unrelated to the video game; or (c) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.Fla. Stat. § 501.9983(5) each day; 3. Limit the days of the week and the times during the day when the account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he or she is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.Fla. Stat. § 501.9983(1) may interact with the companion chatbotCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. The term does not include: (a) A chatbot used only for customer service, a business's operational purposes, productivity and analysis related to source information, internal research, or technical assistance; (b) A chatbot that is a feature of a video game and is limited to replies related to the video game and does not discuss topics related to mental health, self-harm, or material harmful to minors or maintain a dialogue on other topics unrelated to the video game; or (c) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.Fla. Stat. § 501.9983(5); 4. Disable any of the interactions between the account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he or she is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.Fla. Stat. § 501.9983(1) and third-party account holdersAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he or she is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.Fla. Stat. § 501.9983(1) on the companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with companion chatbots.Fla. Stat. § 501.9983(6); and 5. Receive timely notifications if the account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he or she is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.Fla. Stat. § 501.9983(1) expresses to the companion chatbotCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. The term does not include: (a) A chatbot used only for customer service, a business's operational purposes, productivity and analysis related to source information, internal research, or technical assistance; (b) A chatbot that is a feature of a video game and is limited to replies related to the video game and does not discuss topics related to mental health, self-harm, or material harmful to minors or maintain a dialogue on other topics unrelated to the video game; or (c) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.Fla. Stat. § 501.9983(5) a desire or an intent to engage in self-harm or to harm others.
(1)(b) 5 A companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with companion chatbots.Fla. Stat. § 501.9983(6) shall do all of the following: 1. Terminate any account belonging to an account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he or she is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.Fla. Stat. § 501.9983(1) who is a minorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10) if the companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with companion chatbots.Fla. Stat. § 501.9983(6) treats or categorizes the account as belonging to a minorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10) for purposes of targeting content or advertising and if the minorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10)'s parent or guardian has not provided consent for the minorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10) to become an account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he or she is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.Fla. Stat. § 501.9983(1) or to maintain an existing account. The companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with companion chatbots.Fla. Stat. § 501.9983(6) shall provide 90 days for the account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he or she is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.Fla. Stat. § 501.9983(1) to dispute the termination. Termination must be effective upon the expiration of the 90 days if the account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he or she is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.Fla. Stat. § 501.9983(1) fails to effectively dispute the termination. 2. Allow an account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he or she is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.Fla. Stat. § 501.9983(1) who is a minorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10) to request to terminate the account. Termination must be effective within 5 business days after the request. 3. Allow the consenting parent or guardian of an account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he or she is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.Fla. Stat. § 501.9983(1) who is a minorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10) to request that the minorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10)'s account be terminated. Termination must be effective within 10 business days after the request. 4. Permanently delete all personal information held by the companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with companion chatbots.Fla. Stat. § 501.9983(6) relating to the terminated account, unless state or federal law requires the platform to maintain the information.
(2)(a) 6 In connection with all accounts held by account holdersAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he or she is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.Fla. Stat. § 501.9983(1) who are minorsMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10), the companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with companion chatbots.Fla. Stat. § 501.9983(6) shall do all of the following: (a) Disclose to the account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he or she is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.Fla. Stat. § 501.9983(1) that he or she is interacting with artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.Fla. Stat. § 501.9983(2).
(2)(b) 7 Provide by default a clear and conspicuous notification to the account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he or she is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.Fla. Stat. § 501.9983(1), at the beginning of companion chatbotCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. The term does not include: (a) A chatbot used only for customer service, a business's operational purposes, productivity and analysis related to source information, internal research, or technical assistance; (b) A chatbot that is a feature of a video game and is limited to replies related to the video game and does not discuss topics related to mental health, self-harm, or material harmful to minors or maintain a dialogue on other topics unrelated to the video game; or (c) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.Fla. Stat. § 501.9983(5) interactions and at least once every hour during continuing interactions, reminding the minorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10) to take a break and that the companion chatbotCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. The term does not include: (a) A chatbot used only for customer service, a business's operational purposes, productivity and analysis related to source information, internal research, or technical assistance; (b) A chatbot that is a feature of a video game and is limited to replies related to the video game and does not discuss topics related to mental health, self-harm, or material harmful to minors or maintain a dialogue on other topics unrelated to the video game; or (c) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.Fla. Stat. § 501.9983(5) is artificially generated and not human.
(2)(c) 8 Institute reasonable measures to prevent its companion chatbotCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. The term does not include: (a) A chatbot used only for customer service, a business's operational purposes, productivity and analysis related to source information, internal research, or technical assistance; (b) A chatbot that is a feature of a video game and is limited to replies related to the video game and does not discuss topics related to mental health, self-harm, or material harmful to minors or maintain a dialogue on other topics unrelated to the video game; or (c) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.Fla. Stat. § 501.9983(5) from producing or sharing materials harmful to minorsMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10) or encouraging the account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he or she is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.Fla. Stat. § 501.9983(1) to engage in any of the conduct described or depicted in materials harmful to minorsMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10).
(3) A knowing or reckless violation of this section is deemed a deceptive or unfair trade practice or act actionable under part II of this chapter solely by the departmentDepartment"Department" means the Department of Legal Affairs.Fla. Stat. § 501.9983(8) against a companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with companion chatbots.Fla. Stat. § 501.9983(6). If the departmentDepartment"Department" means the Department of Legal Affairs.Fla. Stat. § 501.9983(8) has reason to believe that a companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with companion chatbots.Fla. Stat. § 501.9983(6) is in violation of this section, the departmentDepartment"Department" means the Department of Legal Affairs.Fla. Stat. § 501.9983(8), as the enforcing authority, may bring an action against such platform for a deceptive or unfair trade practice or act. For the purpose of bringing an action pursuant to this section, ss. 501.211 and 501.212 do not apply. In addition to other remedies under part II of this chapter, the departmentDepartment"Department" means the Department of Legal Affairs.Fla. Stat. § 501.9983(8) may collect a civil penalty of up to $50,000 per violation and reasonable attorney fees and court costs. If the companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with companion chatbots.Fla. Stat. § 501.9983(6)'s failure to comply with this section is part of a consistent pattern of knowing or reckless conduct, punitive damages may be assessed against the companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with companion chatbots.Fla. Stat. § 501.9983(6).
(4)(a)-(c) A companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with companion chatbots.Fla. Stat. § 501.9983(6) that knowingly or recklessly violates this section is liable to a minorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10) account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he or she is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.Fla. Stat. § 501.9983(1) for up to $10,000 in damages plus court costs and reasonable attorney fees as ordered by the court. (b) A civil action for a claim under this subsection must be brought within 1 year after the date the complainant knew, or reasonably should have known, of the alleged violation. (c) An action brought under this subsection may be brought only on behalf of a minorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10) account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he or she is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.Fla. Stat. § 501.9983(1).
(5) For purposes of bringing an action under this section, a companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with companion chatbots.Fla. Stat. § 501.9983(6) that allows a minorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10) account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he or she is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.Fla. Stat. § 501.9983(1) in this state to create an account on the platform is considered to be both engaged in substantial and not isolated activities within this state and operating, conducting, engaging in, or carrying on a business and doing business in this state, and is therefore subject to the jurisdiction of the courts of this state.
(6) If a companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with companion chatbots.Fla. Stat. § 501.9983(6) allows a minorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10) account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he or she is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.Fla. Stat. § 501.9983(1) to use the companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with companion chatbots.Fla. Stat. § 501.9983(6), the parties have entered into a contract.
(7) This section does not preclude any other available remedy at law or equity.
(8) The departmentDepartment"Department" means the Department of Legal Affairs.Fla. Stat. § 501.9983(8) may adopt rules to implement this section.
This section imposes the bill's core minor-protection obligations on companion chatbot platforms. It requires platforms to prohibit minor accounts unless a parent or guardian consents, and if consent is given, to provide comprehensive parental control tools including access to chat histories, daily and weekly time limits, ability to disable third-party interactions, and crisis notifications when a minor expresses self-harm or harm-to-others intent. Platforms must terminate unconsented minor accounts (with a 90-day dispute window), honor minor and parental termination requests within defined timeframes, and permanently delete associated personal information. For all minor account holders, the platform must disclose that the user is interacting with AI, provide hourly take-a-break reminders that the chatbot is not human, and institute reasonable measures to prevent producing or sharing material harmful to minors.
Enforcement is dual-track: the Department of Legal Affairs may bring FDUTPA actions with civil penalties up to $50,000 per violation and punitive damages for pattern conduct, and a private cause of action is available on behalf of minor account holders for up to $10,000 in damages with a one-year statute of limitations.
(1) 9 At the beginning of an interaction between a userUser"User" means an individual who resides or is domiciled in this state and who accesses an Internet website, online or cloud-computing service, online application, or mobile application.Fla. Stat. § 501.9983(14) and a botBot"Bot" means an automated online software application in which all or substantially all of the actions or posts of the account are not the result of a natural person.Fla. Stat. § 501.9983(4), and at least once every hour during the interaction, an operatorOperator"Operator" means a person who owns, operates, or otherwise makes available a bot to individuals in this state.Fla. Stat. § 501.9983(11) shall display a pop-upPop-up"Pop-up" means a visible notification on the computer, tablet, or smartphone screen of a user which may be resolved if the user interacts with or responds to the notification.Fla. Stat. § 501.9983(12) message notifying usersUser"User" means an individual who resides or is domiciled in this state and who accesses an Internet website, online or cloud-computing service, online application, or mobile application.Fla. Stat. § 501.9983(14) that they are not engaging in dialogue with a human counterpart.
(2) A violation of this section is deemed a deceptive or unfair trade practice or act actionable under part II of this chapter solely by the departmentDepartment"Department" means the Department of Legal Affairs.Fla. Stat. § 501.9983(8) on behalf of a user of a botBot"Bot" means an automated online software application in which all or substantially all of the actions or posts of the account are not the result of a natural person.Fla. Stat. § 501.9983(4). If the departmentDepartment"Department" means the Department of Legal Affairs.Fla. Stat. § 501.9983(8) has reason to believe that an operatorOperator"Operator" means a person who owns, operates, or otherwise makes available a bot to individuals in this state.Fla. Stat. § 501.9983(11) is in violation of this section, the departmentDepartment"Department" means the Department of Legal Affairs.Fla. Stat. § 501.9983(8), as the enforcing authority, may bring an action against the operatorOperator"Operator" means a person who owns, operates, or otherwise makes available a bot to individuals in this state.Fla. Stat. § 501.9983(11) for a deceptive or unfair trade practice or act. For the purpose of bringing an action pursuant to this section, ss. 501.211 and 501.212 do not apply. In addition to any other remedy under part II of this chapter, the departmentDepartment"Department" means the Department of Legal Affairs.Fla. Stat. § 501.9983(8) may collect a civil penalty of up to $50,000 per violation and reasonable attorney fees and court costs.
(3) This section does not preclude any other available remedy at law or equity.
(4) For purposes of bringing an action pursuant to this section, a person who meets the definition of an operatorOperator"Operator" means a person who owns, operates, or otherwise makes available a bot to individuals in this state.Fla. Stat. § 501.9983(11) that owns, operates, or otherwise makes available a botBot"Bot" means an automated online software application in which all or substantially all of the actions or posts of the account are not the result of a natural person.Fla. Stat. § 501.9983(4) to individuals in this state is considered to be both engaged in substantial and not isolated activities within this state and operating, conducting, engaging in, or carrying on a business, and doing business in this state, and is therefore subject to the jurisdiction of the courts of this state.
(5) The departmentDepartment"Department" means the Department of Legal Affairs.Fla. Stat. § 501.9983(8) may adopt rules to implement this section.
This section imposes an AI identity disclosure obligation on all bot operators — not limited to companion chatbots. At the beginning of any user-bot interaction and at least once every hour, the operator must display a pop-up message notifying the user that they are not engaging with a human. Enforcement is exclusively through the Department of Legal Affairs under the FDUTPA, with civil penalties up to $50,000 per violation. There is no private right of action under this section.
(1) 10 An artificial intelligence technology companyArtificial intelligence technology company"Artificial intelligence technology company" means a business or organization that produces, develops, creates, designs, or manufactures artificial intelligence technology or products, collects data for use in artificial intelligence products, or implements artificial intelligence technology.Fla. Stat. § 501.9983(3) may not sell or disclose personal information of usersUser"User" means an individual who resides or is domiciled in this state and who accesses an Internet website, online or cloud-computing service, online application, or mobile application.Fla. Stat. § 501.9983(14) unless the information is deidentified dataDeidentified data"Deidentified data" means data that cannot reasonably be linked to an identified or identifiable individual or a device linked to that individual.Fla. Stat. § 501.9983(7).
(2)(a)-(d) 11 An artificial intelligence technology companyArtificial intelligence technology company"Artificial intelligence technology company" means a business or organization that produces, develops, creates, designs, or manufactures artificial intelligence technology or products, collects data for use in artificial intelligence products, or implements artificial intelligence technology.Fla. Stat. § 501.9983(3) in possession of deidentified dataDeidentified data"Deidentified data" means data that cannot reasonably be linked to an identified or identifiable individual or a device linked to that individual.Fla. Stat. § 501.9983(7) shall do all of the following: (a) Take reasonable measures to ensure that the data cannot be associated with an individual. (b) Maintain and use the data in deidentified form. An artificial intelligence technology companyArtificial intelligence technology company"Artificial intelligence technology company" means a business or organization that produces, develops, creates, designs, or manufactures artificial intelligence technology or products, collects data for use in artificial intelligence products, or implements artificial intelligence technology.Fla. Stat. § 501.9983(3) may not attempt to reidentify the data, except that the artificial intelligence technology companyArtificial intelligence technology company"Artificial intelligence technology company" means a business or organization that produces, develops, creates, designs, or manufactures artificial intelligence technology or products, collects data for use in artificial intelligence products, or implements artificial intelligence technology.Fla. Stat. § 501.9983(3) may attempt to reidentify the data solely for the purpose of determining whether its deidentification processes satisfy the requirements of this section. (c) Contractually obligate a recipient of the deidentified dataDeidentified data"Deidentified data" means data that cannot reasonably be linked to an identified or identifiable individual or a device linked to that individual.Fla. Stat. § 501.9983(7) to comply with this section. (d) Implement business processes to prevent the inadvertent release of deidentified dataDeidentified data"Deidentified data" means data that cannot reasonably be linked to an identified or identifiable individual or a device linked to that individual.Fla. Stat. § 501.9983(7).
(3) A violation of this section is deemed a deceptive or unfair trade practice or act actionable under part II of this chapter solely by the departmentDepartment"Department" means the Department of Legal Affairs.Fla. Stat. § 501.9983(8). If the departmentDepartment"Department" means the Department of Legal Affairs.Fla. Stat. § 501.9983(8) has reason to believe that an artificial intelligence technology companyArtificial intelligence technology company"Artificial intelligence technology company" means a business or organization that produces, develops, creates, designs, or manufactures artificial intelligence technology or products, collects data for use in artificial intelligence products, or implements artificial intelligence technology.Fla. Stat. § 501.9983(3) is in violation of this section, the departmentDepartment"Department" means the Department of Legal Affairs.Fla. Stat. § 501.9983(8), as the enforcing authority, may bring an action against the artificial intelligence technology companyArtificial intelligence technology company"Artificial intelligence technology company" means a business or organization that produces, develops, creates, designs, or manufactures artificial intelligence technology or products, collects data for use in artificial intelligence products, or implements artificial intelligence technology.Fla. Stat. § 501.9983(3) for a deceptive or unfair trade practice or act. For the purpose of bringing an action pursuant to this section, ss. 501.211 and 501.212 do not apply. In addition to any other remedy under part II of this chapter, the departmentDepartment"Department" means the Department of Legal Affairs.Fla. Stat. § 501.9983(8) may collect a civil penalty of up to $50,000 per violation and reasonable attorney fees and court costs.
(4) For purposes of bringing an action pursuant to this section, a person who meets the definition of an artificial intelligence technology companyArtificial intelligence technology company"Artificial intelligence technology company" means a business or organization that produces, develops, creates, designs, or manufactures artificial intelligence technology or products, collects data for use in artificial intelligence products, or implements artificial intelligence technology.Fla. Stat. § 501.9983(3) that produces, develops, creates, designs, or manufactures artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.Fla. Stat. § 501.9983(2) technology or products, collects data for use in artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.Fla. Stat. § 501.9983(2) products, or implements artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.Fla. Stat. § 501.9983(2) technology in this state is considered to be both engaged in substantial and not isolated activities within this state and operating, conducting, engaging in, or carrying on a business, and doing business in this state, and is therefore subject to the jurisdiction of the courts of this state.
(5) The departmentDepartment"Department" means the Department of Legal Affairs.Fla. Stat. § 501.9983(8) may adopt rules to implement this section.
This section prohibits AI technology companies from selling or disclosing user personal information unless the information has been deidentified. Companies in possession of deidentified data must take reasonable measures to prevent re-association with individuals, maintain data in deidentified form, refrain from reidentification (except to test their own deidentification processes), contractually bind recipients to the same requirements, and implement business processes to prevent inadvertent release. Enforcement is exclusively through the Department of Legal Affairs, with civil penalties up to $50,000 per violation.
(1)-(6) If, by its own inquiry or as a result of complaints, the departmentDepartment"Department" means the Department of Legal Affairs.Fla. Stat. § 501.9983(8) has reason to believe that a person has engaged in, or is engaging in, a practice or an act that violates this part, the departmentDepartment"Department" means the Department of Legal Affairs.Fla. Stat. § 501.9983(8) may administer oaths and affirmations, subpoena witnesses or matter, and collect evidence. Within 5 days, excluding weekends and legal holidays, after service of a subpoena or at any time before the return date specified in the subpoena, whichever time period is longer, the party served may file in the circuit court in the county in which it resides or in which it transacts business and serve upon the enforcing authority a petition for an order modifying or setting aside the subpoena. The petitioner may raise any objection or privilege that would be available upon service of a subpoena in a civil action. The subpoena must inform the party served of the party's rights under this subsection. (2) If the matter that the departmentDepartment"Department" means the Department of Legal Affairs.Fla. Stat. § 501.9983(8) seeks to obtain by subpoena is located outside this state, the person subpoenaed may make the matter available to the departmentDepartment"Department" means the Department of Legal Affairs.Fla. Stat. § 501.9983(8) or its representative at the place where it is located. The departmentDepartment"Department" means the Department of Legal Affairs.Fla. Stat. § 501.9983(8) may designate representatives, including officials of the state in which the matter is located, to inspect the matter on its behalf and may respond to similar requests from officials of other states. (3) Upon the failure of a person, without lawful excuse, to obey a subpoena and upon reasonable notice to all persons affected, the departmentDepartment"Department" means the Department of Legal Affairs.Fla. Stat. § 501.9983(8) may apply to the circuit court for an order compelling compliance. (4) The departmentDepartment"Department" means the Department of Legal Affairs.Fla. Stat. § 501.9983(8) may request that a person who refuses to comply with a subpoena on the grounds that the testimony or matter may be self-incriminating be ordered by the court to provide the testimony or matter. Except in a prosecution for perjury, a person who complies with a court order to provide testimony or matter after asserting a valid privilege against self-incrimination may not have the testimony or matter so provided, or evidence derived from the testimony or matter, received against the person in any criminal investigation or proceeding. (5) A person upon whom a subpoena is served pursuant to this part must comply with its terms unless otherwise provided by order of the court. A person who fails to appear, with the intent to avoid, evade, or prevent compliance in whole or in part with an investigation under this part, or who removes from any place, conceals, withholds, mutilates, alters, or destroys, or by any other means falsifies any documentary material in the possession, custody, or control of a person subject to a subpoena, or who knowingly conceals relevant information with the intent to avoid, evade, or prevent compliance, is liable for a civil penalty of not more than $5,000 per week in violation, reasonable attorney fees, and costs. (6) The departmentDepartment"Department" means the Department of Legal Affairs.Fla. Stat. § 501.9983(8) may adopt rules to implement this section.
This section grants the Department of Legal Affairs broad investigative authority for potential violations of Part IX, including subpoena power, out-of-state discovery procedures, court-ordered compliance, and immunity provisions for compelled testimony. A person who obstructs an investigation faces civil penalties of up to $5,000 per week plus attorney fees and costs. This section creates no affirmative compliance obligation on regulated entities beyond cooperating with lawful subpoenas.
(1)(a) "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, emulate the structure and characteristics of input data in order to generate derived synthetic content, including images, videos, audio, text, and other digital content.Fla. Stat. § 540.08(1)(a)" means a machine-based system that can, for a given set of human-defined objectives, emulate the structure and characteristics of input data in order to generate derived synthetic content, including images, videos, audio, text, and other digital content.
(2) 12 A person may not publish, print, display, or otherwise publicly use for trade or for any commercial or advertising purpose the name, portrait, photograph, image, or other likeness of an individual created through generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, emulate the structure and characteristics of input data in order to generate derived synthetic content, including images, videos, audio, text, and other digital content.Fla. Stat. § 540.08(1)(a) without the express written or oral consent to such use given by any of the following: (a) The individual. (b) Any other person authorized in writing by the individual to license the commercial use of the individual's name, image, or likeness. (c) If the individual is deceased: 1. A person authorized in writing to license the commercial use of the individual's name, image, or likeness; or 2. If a person is not authorized, any one individual from a class composed of the deceased individual's surviving spouse and surviving children. A legal parent or guardian may give consent on behalf of a minorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10) surviving child.
(4) If the consent required in subsection (2) or subsection (3) is not obtained, the individual whose name, portrait, photograph, image, or other likeness is so used, or a person authorized by the individual in writing to license the commercial use of the individual's name, image, or likeness, or, if the individual whose likeness is used is deceased, a person having the right to give such consent, as provided in subsection (2) or subsection (3), may bring an action to enjoin the unauthorized publication, printing, display, or other public use, and to recover damages for any loss or injury resulting from the unauthorized publication, including an amount that would have been a reasonable royalty, and punitive or exemplary damages.
(5) If a person uses the name, portrait, photograph, image, or other likeness of a servicememberServicemember"Servicemember" has the same meaning as in s. 250.01 and includes any officer or enlisted member who died from service-connected causes while on active duty.Fla. Stat. § 540.08(1)(c) without obtaining the consent required in subsection (2) or subsection (3) and the use is not subject to an exception listed in this section, a court may impose a civil penalty of up to $1,000 per violation in addition to the civil remedies contained in subsection (4). Each commercial transaction constitutes a violation under this section.
(6) This section does not apply to any of the following: (a) The publication, printing, display, or use of the name, image, or likeness of an individual in a newspaper, magazine, book, news broadcast or telecast, or other news medium or publication if used as part of a bona fide news report or presentation having a current and legitimate public interest and if the name, image, or likeness is not used for advertising purposes. (b) The use of an individual's name, portrait, photograph, image, or other likeness in connection with the resale or other distribution of literary, musical, or artistic productions or other articles of merchandise or property with the individual's consent in connection with the initial sale or distribution of the productions, articles, or merchandise. (c) A photograph of an individual solely as a member of the public if the individual is not named or otherwise identified in or in connection with the use of the photograph.
(7) An action may not be brought under this section by reason of a publication, printing, display, or other public use of the name, image, or likeness of an individual occurring more than 40 years from the death of the individual.
(8) The remedies provided for in this section are in addition to and not in limitation of the remedies and rights of any person under the common law against the invasion of her or his privacy.
This section amends Florida's existing right-of-publicity statute to extend its protections to AI-generated likenesses. A new subsection (2) prohibits any person from commercially publishing, printing, displaying, or using the name, portrait, photograph, image, or other likeness of an individual created through generative artificial intelligence without express consent from the individual, an authorized representative, or (for deceased individuals) the surviving spouse or children. The existing prohibition on unauthorized commercial use of a natural person's likeness is preserved and renumbered as subsection (3). Remedies include injunctive relief, actual damages, reasonable royalty, and punitive or exemplary damages. A $1,000-per-transaction civil penalty is available for unauthorized use of servicemember likenesses. The section defines generative artificial intelligence and servicemember as new statutory terms.