Fla. Stat. § 501.9987
Plain Language
This section grants the Department of Legal Affairs broad investigative authority to enforce the Artificial Intelligence Bill of Rights, including the power to administer oaths, issue subpoenas, and collect evidence. Parties served may challenge subpoenas in circuit court. Obstruction of investigations carries civil penalties of up to $5,000 per week. This is a procedural enforcement mechanism — it creates no independent compliance obligations on AI companies beyond cooperating with lawful investigations.
Statutory Text
(1) If, by its own inquiry or as a result of complaints, the department has reason to believe that a person has engaged in, or is engaging in, a practice or an act that violates this part, the department 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 department seeks to obtain by subpoena is located outside this state, the person subpoenaed may make the matter available to the department or its representative at the place where it is located. The department 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 department may apply to the circuit court for an order compelling compliance. (4) The department 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 department may adopt rules to implement this section.