WHAT THIS BILL REGULATES · 6 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 a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.Fla. Stat. § 501.9983(2); § 287.138(1)(a)" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.
(3)(a)–(b) 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). (b) 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 a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.Fla. Stat. § 501.9983(2); § 287.138(1)(a) 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) 2 A governmental entity may not knowingly enter into a contract with an entity for artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.Fla. Stat. § 501.9983(2); § 287.138(1)(a) 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.
Amends Florida's existing foreign-country-of-concern procurement statute to add AI-specific provisions. Beginning July 1, 2026, governmental entities must obtain a sworn affidavit from any contractor providing AI technology, software, or products attesting that the contractor is not owned by, controlled by, or organized in a foreign country of concern. The section also adds a flat prohibition on knowingly contracting with such entities for AI products or services.
This is a procurement-control regime: obligations run to the government entity (procurement compliance) and to vendors (affidavit submission as a precondition to bidding).
(1)(a)–(l), (2) Residents are entitled to certain rights with respect to the use of artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.Fla. Stat. § 501.9983(2); § 287.138(1)(a), including, but not limited to: (a) The right to use artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.Fla. Stat. § 501.9983(2); § 287.138(1)(a) to improve their own lives... (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 a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.Fla. Stat. § 501.9983(2); § 287.138(1)(a). (c) The right to know whether they are communicating with a human being or an artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.Fla. Stat. § 501.9983(2); § 287.138(1)(a) system, program, or chatbot. (d) The right to know whether artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.Fla. Stat. § 501.9983(2); § 287.138(1)(a) technology companies are collecting personal information or biometric data... (e) The right to pursue civil remedies authorized by law against persons who use artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.Fla. Stat. § 501.9983(2); § 287.138(1)(a) 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... (g) The right to be protected by law from criminal acts relating to the alteration of existing images... (h) The right to know whether political advertisements... were created in whole or in part with the use of artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.Fla. Stat. § 501.9983(2); § 287.138(1)(a). (i) The right to pursue civil remedies... against others who use artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.Fla. Stat. § 501.9983(2); § 287.138(1)(a) to slander, libel, or defame them. (j) The right to prevent a 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 by retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement, asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt, and sustaining an ongoing dialogue personalized to the user. The term does not include: (a) A chatbot used only for customer service; a business's internal operational purposes, productivity and analysis; or uses related to source information, internal research, or technical assistance; (b) A chatbot that is a feature of a video game or theme park and is limited to replies related to the video game or theme park experience 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 theme park; (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; or (d) An artificial intelligence instructional tool, as defined in s. 1006.1495.Fla. Stat. § 501.9983(5) from engaging with 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(15) as a character that is protected by federal copyright law... (k) The right to prevent a 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 by retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement, asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt, and sustaining an ongoing dialogue personalized to the user. The term does not include: (a) A chatbot used only for customer service; a business's internal operational purposes, productivity and analysis; or uses related to source information, internal research, or technical assistance; (b) A chatbot that is a feature of a video game or theme park and is limited to replies related to the video game or theme park experience 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 theme park; (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; or (d) An artificial intelligence instructional tool, as defined in s. 1006.1495.Fla. Stat. § 501.9983(5) from engaging with 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(15) as a character that is a living individual... (l) The right to prevent 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) from using a character that is protected by federal copyright law... (2) Residents 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.
Section 501.9982 enumerates a non-exclusive list of rights Florida residents are said to be entitled to with respect to AI — including the right to know whether they are interacting with AI, the right to know whether AI companies are collecting personal or biometric data, and rights against AI-enabled criminal acts and unauthorized use of likeness. Subsection (2) expressly states this section does not create new or independent rights or entitlements; rights must be exercised through existing law.
Because the section creates no new compliance duty on its own — its operative force is delivered through the substantive sections that follow (§§ 501.9984–501.9986) — it is treated as a non-obligation framing provision.
(1)–(16) Definitions of "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)," "Artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.Fla. Stat. § 501.9983(2); § 287.138(1)(a)," "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)," "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)," "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 by retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement, asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt, and sustaining an ongoing dialogue personalized to the user. The term does not include: (a) A chatbot used only for customer service; a business's internal operational purposes, productivity and analysis; or uses related to source information, internal research, or technical assistance; (b) A chatbot that is a feature of a video game or theme park and is limited to replies related to the video game or theme park experience 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 theme park; (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; or (d) An artificial intelligence instructional tool, as defined in s. 1006.1495.Fla. Stat. § 501.9983(5)," "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)," "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)," "Department," "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)," "MinorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10)," "OperatorOperator"Operator" means a person who owns, operates, or otherwise makes available a bot to individuals in this state. (Fla. Stat. § 501.9983(11). In the educational context, 'operator' means a person who operates an artificial intelligence instructional tool and collects, receives, maintains, or uses student information or student-generated content through the tool. Fla. Stat. § 1006.1495(1)(c).)Fla. Stat. § 501.9983(11); § 1006.1495(1)(c)," "Pop-up," "Resident," "Theme park," "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(15)," and "Video game."
Definitions section for part IX of chapter 501. All defined terms are captured in the bill-level definitions dictionary; the section creates no compliance obligations.
(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 becoming or being 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) unless the minorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10)'s parent or guardian provides consent. 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) to become or be 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), the parties have entered into a contract.
(1)(a)1.–5. 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 by retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement, asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt, and sustaining an ongoing dialogue personalized to the user. The term does not include: (a) A chatbot used only for customer service; a business's internal operational purposes, productivity and analysis; or uses related to source information, internal research, or technical assistance; (b) A chatbot that is a feature of a video game or theme park and is limited to replies related to the video game or theme park experience 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 theme park; (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; or (d) An artificial intelligence instructional tool, as defined in s. 1006.1495.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 by retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement, asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt, and sustaining an ongoing dialogue personalized to the user. The term does not include: (a) A chatbot used only for customer service; a business's internal operational purposes, productivity and analysis; or uses related to source information, internal research, or technical assistance; (b) A chatbot that is a feature of a video game or theme park and is limited to replies related to the video game or theme park experience 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 theme park; (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; or (d) An artificial intelligence instructional tool, as defined in s. 1006.1495.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 by retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement, asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt, and sustaining an ongoing dialogue personalized to the user. The term does not include: (a) A chatbot used only for customer service; a business's internal operational purposes, productivity and analysis; or uses related to source information, internal research, or technical assistance; (b) A chatbot that is a feature of a video game or theme park and is limited to replies related to the video game or theme park experience 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 theme park; (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; or (d) An artificial intelligence instructional tool, as defined in s. 1006.1495.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 by retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement, asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt, and sustaining an ongoing dialogue personalized to the user. The term does not include: (a) A chatbot used only for customer service; a business's internal operational purposes, productivity and analysis; or uses related to source information, internal research, or technical assistance; (b) A chatbot that is a feature of a video game or theme park and is limited to replies related to the video game or theme park experience 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 theme park; (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; or (d) An artificial intelligence instructional tool, as defined in s. 1006.1495.Fla. Stat. § 501.9983(5) a desire or an intent to engage in harm to self or others.
(1)(b)1.–4. 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 or identifier 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 or identifier 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) pursuant to subsection (1)... 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 or identifier. 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 or identifier 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 minorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10) account or identifier, unless state or federal law requires the platform to maintain the information.
(2)(a)–(b) 6 In connection to all accounts or identifiers 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 a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.Fla. Stat. § 501.9983(2); § 287.138(1)(a). (b) 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 by retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement, asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt, and sustaining an ongoing dialogue personalized to the user. The term does not include: (a) A chatbot used only for customer service; a business's internal operational purposes, productivity and analysis; or uses related to source information, internal research, or technical assistance; (b) A chatbot that is a feature of a video game or theme park and is limited to replies related to the video game or theme park experience 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 theme park; (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; or (d) An artificial intelligence instructional tool, as defined in s. 1006.1495.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 by retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement, asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt, and sustaining an ongoing dialogue personalized to the user. The term does not include: (a) A chatbot used only for customer service; a business's internal operational purposes, productivity and analysis; or uses related to source information, internal research, or technical assistance; (b) A chatbot that is a feature of a video game or theme park and is limited to replies related to the video game or theme park experience 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 theme park; (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; or (d) An artificial intelligence instructional tool, as defined in s. 1006.1495.Fla. Stat. § 501.9983(5) is artificially generated and not human.
(2)(c) 7 Institute reasonable measures to prevent 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 by retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement, asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt, and sustaining an ongoing dialogue personalized to the user. The term does not include: (a) A chatbot used only for customer service; a business's internal operational purposes, productivity and analysis; or uses related to source information, internal research, or technical assistance; (b) A chatbot that is a feature of a video game or theme park and is limited to replies related to the video game or theme park experience 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 theme park; (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; or (d) An artificial intelligence instructional tool, as defined in s. 1006.1495.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)–(8) 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 department 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)... the department may collect a civil penalty of up to $50,000 per violation and reasonable attorney fees and court costs... 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) After the department has notified 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) in writing of an alleged violation, the department may grant 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) 45 calendar days to cure the alleged violation... 1. The 45-calendar-day cure period does not apply to an alleged violation where 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) willfully or knowingly disregarded 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)'s age. 2. For an alleged violation of paragraph (2)(c), 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) may provide for the department's consideration information that shows that the reasonable measures taken by the platform include controls aligned with the latest versions of the National Institute of Standards and Technology AI Risk Management Framework, ISO 42001... (5)(a) 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... (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). (6) 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) to become or be 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) on the platform is considered to be both engaged in substantial and not isolated activities within this state... (7) This section does not preclude any other available remedy at law or equity. (8) The department may adopt rules to implement this section.
Section 501.9984 imposes the bill's core companion-chatbot regime. The structure is closely modeled on California SB 243 but goes meaningfully further on minor-specific obligations: companion chatbot platforms must obtain verifiable parental consent before allowing a minor to be an account holder, must provide parents with extensive control tools (interaction logs, time and day-of-week limits, third-party-interaction disabling, harm-signal notifications), and must terminate accounts in defined timeframes upon request.
Subsection (2) imposes a tighter operating cadence than the California analog: AI identity disclosure to minors must occur unconditionally, and break-reminder notifications must be issued at least every hour (versus every three hours in CA SB 243). Subsection (2)(c) imposes a content-restriction obligation against producing or sharing material harmful to minors. Subsection (4) provides a 45-day cure period — waived where the platform willfully or knowingly disregarded the account holder's age — and references NIST AI RMF and ISO 42001 conformity as a defensive showing. Subsection (5) creates a private right of action for minor account holders up to $10,000 plus fees.
(1) 8 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(15) 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). In the educational context, 'operator' means a person who operates an artificial intelligence instructional tool and collects, receives, maintains, or uses student information or student-generated content through the tool. Fla. Stat. § 1006.1495(1)(c).)Fla. Stat. § 501.9983(11); § 1006.1495(1)(c) shall display a pop-up message or other prominent notification notifying 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(15) or, if the interaction is not through a device with a screen, otherwise inform 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(15), that he or she is not engaging in dialogue with a human counterpart. This section does not apply to 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) that is used solely by employees within a business for its internal operational purposes.
(2)–(5) 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 department 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)... the department may collect a civil penalty of up to $50,000 per violation and reasonable attorney fees and court costs. (3)(a) After the department has notified 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). In the educational context, 'operator' means a person who operates an artificial intelligence instructional tool and collects, receives, maintains, or uses student information or student-generated content through the tool. Fla. Stat. § 1006.1495(1)(c).)Fla. Stat. § 501.9983(11); § 1006.1495(1)(c) in writing of an alleged violation, the department may grant 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). In the educational context, 'operator' means a person who operates an artificial intelligence instructional tool and collects, receives, maintains, or uses student information or student-generated content through the tool. Fla. Stat. § 1006.1495(1)(c).)Fla. Stat. § 501.9983(11); § 1006.1495(1)(c) 45 calendar days to cure the alleged violation... (b) For an alleged violation of this section, 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). In the educational context, 'operator' means a person who operates an artificial intelligence instructional tool and collects, receives, maintains, or uses student information or student-generated content through the tool. Fla. Stat. § 1006.1495(1)(c).)Fla. Stat. § 501.9983(11); § 1006.1495(1)(c) may provide for the department's consideration information that demonstrates that 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). In the educational context, 'operator' means a person who operates an artificial intelligence instructional tool and collects, receives, maintains, or uses student information or student-generated content through the tool. Fla. Stat. § 1006.1495(1)(c).)Fla. Stat. § 501.9983(11); § 1006.1495(1)(c) provides persistent and conspicuous identity indicators and accessible disclosures which are in conformity with the latest versions of the National Institute of Standards and Technology AI Risk Management Framework, ISO 42001... (4) For purposes of bringing an action pursuant to this section, 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). In the educational context, 'operator' means a person who operates an artificial intelligence instructional tool and collects, receives, maintains, or uses student information or student-generated content through the tool. Fla. Stat. § 1006.1495(1)(c).)Fla. Stat. § 501.9983(11); § 1006.1495(1)(c) 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... subject to the jurisdiction of the courts of this state. (5) The department may adopt rules to implement this section.
Imposes a generally applicable bot-disclosure obligation: any operator who owns, operates, or makes a bot available to Floridians must, at the start of an interaction and at least once every hour, display a pop-up message or otherwise prominently notify the user that they are not engaging with a human counterpart. The obligation is unconditional — no reasonable-person trigger — but the section excludes bots used solely by employees within a business for internal operational purposes.
Enforcement is exclusively by the Department of Legal Affairs under FDUTPA. Note that § 501.9985(3)(a) refers in error to a 'companion chatbot platform' rather than an 'operator' in the cure-period letter-of-guidance language; this appears to be a drafting carryover from § 501.9984.
(1) 9 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(15) 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). This subsection does not prohibit the sale or disclosure of information specifically authorized by federal law.
(2)(a)–(d) 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) 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 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(15). (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)–(6) 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 department... civil penalty of up to $50,000 per violation and reasonable attorney fees and court costs. (4)(a) After the department has notified 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 writing of an alleged violation, the department may grant... 45 calendar days to cure... (b) For an alleged violation of this section, 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 provide for the department's consideration information that shows 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) maintains a risk management program that: 1. Validates the company's information security and privacy controls against a recognized framework aligned with the latest versions of the National Institute of Standards and Technology AI Risk Management Framework, ISO 42001; and 2. Includes assessed controls for deidentification, contractual flow-down, non-reidentification, inadvertent release prevention, monitoring, and auditing... (5) For purposes of bringing an action pursuant to this section, 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 therefore subject to the jurisdiction of the courts of this state. (6) The department may adopt rules to implement this section.
Imposes a deidentification regime on AI technology companies. Sale or disclosure of personal information of users is prohibited unless the data is deidentified, with a carve-out for disclosures specifically authorized by federal law. Companies in possession of deidentified data must take reasonable measures to ensure the data cannot be associated with a user, must maintain the data in deidentified form, must not attempt to reidentify it (except to test their own deidentification processes), must contractually obligate downstream recipients to comply, and must implement business processes to prevent inadvertent release.
NIST AI RMF / ISO 42001 alignment is a recognized defensive showing during the 45-day cure period.
(1)–(6) Investigative authority of the Department of Legal Affairs, including subpoena power, procedures for objection, out-of-state matter inspection, judicial enforcement, self-incrimination protections, and civil penalty of up to $5,000 per week for non-compliance.
Authorizes the Department of Legal Affairs to administer oaths, subpoena witnesses and matter, and collect evidence in connection with potential violations of part IX. Provides procedures for objections to subpoenas, out-of-state matter inspection, court-compelled compliance, self-incrimination immunity, and a civil penalty of up to $5,000 per week for non-compliance with subpoenas. Creates no compliance obligations for regulated entities apart from subpoena compliance once issued.
(2) 11 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.
(3)–(8) –(8) Parallel consent requirements for non-AI uses; civil remedies for unauthorized publication including injunction, reasonable royalty, and punitive or exemplary damages; up to $1,000 per violation civil penalty for unauthorized 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) likeness use; news-media exemptions including a generative-AI news exemption requiring a clear acknowledgement of speculation regarding authenticity; resale, merchandise, and incidental-public-photograph exemptions; 40-year post-mortem limitation; preservation of common-law privacy remedies.
Amends Florida's right-of-publicity statute to expressly cover names, images, and likenesses created through generative AI. Defines "generative artificial intelligence" and updates the consent framework to require the express written or oral consent of the individual (or authorized licensee, or — if deceased — an authorized licensee or surviving spouse/children). Adds a news-media carve-out for AI-generated content used in bona fide news reporting where the report contains a clear acknowledgement of speculation regarding authenticity. Servicemember-specific civil penalty is up to $1,000 per violation per commercial transaction.
(21) 12 ARTIFICIAL INTELLIGENCE INSTRUCTIONAL TOOLSArtificial intelligence instructional tool"Artificial intelligence instructional tool" means a software application or service that uses artificial intelligence, including machine learning, which is made available to a student by an educational entity for educational purposes, including instruction, tutoring, practice, feedback, or completing educator-directed assignments, and that is not designed, marketed, or configured to: 1. Meet a student's social needs; 2. Simulate friendship, companionship, or an emotional relationship with a student; or 3. Employ relationship-building or anthropomorphic design features for the purpose of encouraging a student to continue interacting with the system.Fla. Stat. § 1006.1495(1)(a).—A private school that provides student access to an artificial intelligence instructional toolArtificial intelligence instructional tool"Artificial intelligence instructional tool" means a software application or service that uses artificial intelligence, including machine learning, which is made available to a student by an educational entity for educational purposes, including instruction, tutoring, practice, feedback, or completing educator-directed assignments, and that is not designed, marketed, or configured to: 1. Meet a student's social needs; 2. Simulate friendship, companionship, or an emotional relationship with a student; or 3. Employ relationship-building or anthropomorphic design features for the purpose of encouraging a student to continue interacting with the system.Fla. Stat. § 1006.1495(1)(a), as defined in s. 1006.1495, must comply with the provisions in that section.
Adds subsection (21) to Florida's private-school statute, requiring private schools that provide students access to an AI instructional tool to comply with § 1006.1495. Operates as a conformance hook rather than an independent obligation.
(1) Definitions of "Artificial intelligence instructional toolArtificial intelligence instructional tool"Artificial intelligence instructional tool" means a software application or service that uses artificial intelligence, including machine learning, which is made available to a student by an educational entity for educational purposes, including instruction, tutoring, practice, feedback, or completing educator-directed assignments, and that is not designed, marketed, or configured to: 1. Meet a student's social needs; 2. Simulate friendship, companionship, or an emotional relationship with a student; or 3. Employ relationship-building or anthropomorphic design features for the purpose of encouraging a student to continue interacting with the system.Fla. Stat. § 1006.1495(1)(a)," "Educational entityEducational entity"Educational entity" means a school district, a public school, or a private school. The term includes a VPK provider meaning a private prekindergarten provider or a public school prekindergarten provider, as those terms are defined in s. 1002.51, which delivers the Voluntary Prekindergarten Education Program under part V of chapter 1002.Fla. Stat. § 1006.1495(1)(b)," "OperatorOperator"Operator" means a person who owns, operates, or otherwise makes available a bot to individuals in this state. (Fla. Stat. § 501.9983(11). In the educational context, 'operator' means a person who operates an artificial intelligence instructional tool and collects, receives, maintains, or uses student information or student-generated content through the tool. Fla. Stat. § 1006.1495(1)(c).)Fla. Stat. § 501.9983(11); § 1006.1495(1)(c)," "Parent," "Private school," and "Public school."
(2) 13 RESTRICTION.—An educational entityEducational entity"Educational entity" means a school district, a public school, or a private school. The term includes a VPK provider meaning a private prekindergarten provider or a public school prekindergarten provider, as those terms are defined in s. 1002.51, which delivers the Voluntary Prekindergarten Education Program under part V of chapter 1002.Fla. Stat. § 1006.1495(1)(b) may not provide students with access to an artificial intelligence instructional toolArtificial intelligence instructional tool"Artificial intelligence instructional tool" means a software application or service that uses artificial intelligence, including machine learning, which is made available to a student by an educational entity for educational purposes, including instruction, tutoring, practice, feedback, or completing educator-directed assignments, and that is not designed, marketed, or configured to: 1. Meet a student's social needs; 2. Simulate friendship, companionship, or an emotional relationship with a student; or 3. Employ relationship-building or anthropomorphic design features for the purpose of encouraging a student to continue interacting with the system.Fla. Stat. § 1006.1495(1)(a) before grade 6 unless such use is: (a) Directed and supervised by school personnel; (b) For translation or similar support necessary for a student identified as an English language learner; or (c) For accommodations, assistive technology, or similar support necessary for a student with a documented disability.
(3) 14 EDUCATIONAL USE; PARENTAL NOTICE.—Before a student is provided access credentials for an artificial intelligence instructional toolArtificial intelligence instructional tool"Artificial intelligence instructional tool" means a software application or service that uses artificial intelligence, including machine learning, which is made available to a student by an educational entity for educational purposes, including instruction, tutoring, practice, feedback, or completing educator-directed assignments, and that is not designed, marketed, or configured to: 1. Meet a student's social needs; 2. Simulate friendship, companionship, or an emotional relationship with a student; or 3. Employ relationship-building or anthropomorphic design features for the purpose of encouraging a student to continue interacting with the system.Fla. Stat. § 1006.1495(1)(a), the educational entityEducational entity"Educational entity" means a school district, a public school, or a private school. The term includes a VPK provider meaning a private prekindergarten provider or a public school prekindergarten provider, as those terms are defined in s. 1002.51, which delivers the Voluntary Prekindergarten Education Program under part V of chapter 1002.Fla. Stat. § 1006.1495(1)(b) must provide the parent of a minorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10) student with notice that: (a) Identifies the tool and its educational purpose; (b) Describes, in general terms, the manner in which the tool will be used by students; (c) Explains how the parent may exercise the opt-out process under subsection (4); and (d) Explains how the parent may access the student's account or request access to information and account activity under subsection (5), including the method for submitting a written request.
(4) 15 PARENTAL OPT-OUT.—(a) A parent of a minorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10) student must be provided the opportunity to opt out of the student's use of an artificial intelligence instructional toolArtificial intelligence instructional tool"Artificial intelligence instructional tool" means a software application or service that uses artificial intelligence, including machine learning, which is made available to a student by an educational entity for educational purposes, including instruction, tutoring, practice, feedback, or completing educator-directed assignments, and that is not designed, marketed, or configured to: 1. Meet a student's social needs; 2. Simulate friendship, companionship, or an emotional relationship with a student; or 3. Employ relationship-building or anthropomorphic design features for the purpose of encouraging a student to continue interacting with the system.Fla. Stat. § 1006.1495(1)(a). (b) The opt-out process must align with the educational entityEducational entity"Educational entity" means a school district, a public school, or a private school. The term includes a VPK provider meaning a private prekindergarten provider or a public school prekindergarten provider, as those terms are defined in s. 1002.51, which delivers the Voluntary Prekindergarten Education Program under part V of chapter 1002.Fla. Stat. § 1006.1495(1)(b)'s existing policies for parental notice, consent, objection, or opt out for instructional materials, digital tools, or online accounts, as applicable. (c) If a parent opts out of a student's use of an artificial intelligence instructional toolArtificial intelligence instructional tool"Artificial intelligence instructional tool" means a software application or service that uses artificial intelligence, including machine learning, which is made available to a student by an educational entity for educational purposes, including instruction, tutoring, practice, feedback, or completing educator-directed assignments, and that is not designed, marketed, or configured to: 1. Meet a student's social needs; 2. Simulate friendship, companionship, or an emotional relationship with a student; or 3. Employ relationship-building or anthropomorphic design features for the purpose of encouraging a student to continue interacting with the system.Fla. Stat. § 1006.1495(1)(a) and the student is enrolled in a public school, the school district or public school must provide an alternative instructional activity that allows the student to meet a comparative educational requirement without penalty.
(5) 16 PARENT ACCOUNT ACCESS; COMPLIANCE OPTIONS.—(a) At the time 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). In the educational context, 'operator' means a person who operates an artificial intelligence instructional tool and collects, receives, maintains, or uses student information or student-generated content through the tool. Fla. Stat. § 1006.1495(1)(c).)Fla. Stat. § 501.9983(11); § 1006.1495(1)(c) provides a student's access credentials or otherwise provides or enables student access to an educational entityEducational entity"Educational entity" means a school district, a public school, or a private school. The term includes a VPK provider meaning a private prekindergarten provider or a public school prekindergarten provider, as those terms are defined in s. 1002.51, which delivers the Voluntary Prekindergarten Education Program under part V of chapter 1002.Fla. Stat. § 1006.1495(1)(b) for an artificial intelligence instructional toolArtificial intelligence instructional tool"Artificial intelligence instructional tool" means a software application or service that uses artificial intelligence, including machine learning, which is made available to a student by an educational entity for educational purposes, including instruction, tutoring, practice, feedback, or completing educator-directed assignments, and that is not designed, marketed, or configured to: 1. Meet a student's social needs; 2. Simulate friendship, companionship, or an emotional relationship with a student; or 3. Employ relationship-building or anthropomorphic design features for the purpose of encouraging a student to continue interacting with the system.Fla. Stat. § 1006.1495(1)(a), 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). In the educational context, 'operator' means a person who operates an artificial intelligence instructional tool and collects, receives, maintains, or uses student information or student-generated content through the tool. Fla. Stat. § 1006.1495(1)(c).)Fla. Stat. § 501.9983(11); § 1006.1495(1)(c) shall simultaneously provide to the educational entityEducational entity"Educational entity" means a school district, a public school, or a private school. The term includes a VPK provider meaning a private prekindergarten provider or a public school prekindergarten provider, as those terms are defined in s. 1002.51, which delivers the Voluntary Prekindergarten Education Program under part V of chapter 1002.Fla. Stat. § 1006.1495(1)(b) a means to authorize the parent of a minorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10) student to access information and account activity maintained within the artificial intelligence instructional toolArtificial intelligence instructional tool"Artificial intelligence instructional tool" means a software application or service that uses artificial intelligence, including machine learning, which is made available to a student by an educational entity for educational purposes, including instruction, tutoring, practice, feedback, or completing educator-directed assignments, and that is not designed, marketed, or configured to: 1. Meet a student's social needs; 2. Simulate friendship, companionship, or an emotional relationship with a student; or 3. Employ relationship-building or anthropomorphic design features for the purpose of encouraging a student to continue interacting with the system.Fla. Stat. § 1006.1495(1)(a). (b) 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). In the educational context, 'operator' means a person who operates an artificial intelligence instructional tool and collects, receives, maintains, or uses student information or student-generated content through the tool. Fla. Stat. § 1006.1495(1)(c).)Fla. Stat. § 501.9983(11); § 1006.1495(1)(c) may satisfy paragraph (a) by: 1. Providing the parent of a minorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10) student credentials or another method for read-only access to the student's account; or 2. Upon written request from the parent of a minorMinor"Minor" means any person 17 years of age or younger.Fla. Stat. § 501.9983(10) student, providing access to the information and account activity maintained within the tool, in accordance with applicable state and federal law, within 30 days after receipt of the request. The educational entityEducational entity"Educational entity" means a school district, a public school, or a private school. The term includes a VPK provider meaning a private prekindergarten provider or a public school prekindergarten provider, as those terms are defined in s. 1002.51, which delivers the Voluntary Prekindergarten Education Program under part V of chapter 1002.Fla. Stat. § 1006.1495(1)(b) shall inform the parent of the right to make such a request and the method for submitting the request. (c) If an educational entityEducational entity"Educational entity" means a school district, a public school, or a private school. The term includes a VPK provider meaning a private prekindergarten provider or a public school prekindergarten provider, as those terms are defined in s. 1002.51, which delivers the Voluntary Prekindergarten Education Program under part V of chapter 1002.Fla. Stat. § 1006.1495(1)(b) satisfies subparagraph (b)1., the educational entityEducational entity"Educational entity" means a school district, a public school, or a private school. The term includes a VPK provider meaning a private prekindergarten provider or a public school prekindergarten provider, as those terms are defined in s. 1002.51, which delivers the Voluntary Prekindergarten Education Program under part V of chapter 1002.Fla. Stat. § 1006.1495(1)(b) must provide the credentials or other access method at the time the educational entityEducational entity"Educational entity" means a school district, a public school, or a private school. The term includes a VPK provider meaning a private prekindergarten provider or a public school prekindergarten provider, as those terms are defined in s. 1002.51, which delivers the Voluntary Prekindergarten Education Program under part V of chapter 1002.Fla. Stat. § 1006.1495(1)(b) provides the student with access credentials or otherwise enables student access. (d) This subsection does not require 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). In the educational context, 'operator' means a person who operates an artificial intelligence instructional tool and collects, receives, maintains, or uses student information or student-generated content through the tool. Fla. Stat. § 1006.1495(1)(c).)Fla. Stat. § 501.9983(11); § 1006.1495(1)(c) or educational entityEducational entity"Educational entity" means a school district, a public school, or a private school. The term includes a VPK provider meaning a private prekindergarten provider or a public school prekindergarten provider, as those terms are defined in s. 1002.51, which delivers the Voluntary Prekindergarten Education Program under part V of chapter 1002.Fla. Stat. § 1006.1495(1)(b) to create or retain a transcript or record of student interactions beyond information otherwise maintained in the ordinary course of providing access to the tool.
(6) CONSTRUCTION.—This section does not alter: (a) A parent's rights under state or federal law to access student education records; or (b) An educational entityEducational entity"Educational entity" means a school district, a public school, or a private school. The term includes a VPK provider meaning a private prekindergarten provider or a public school prekindergarten provider, as those terms are defined in s. 1002.51, which delivers the Voluntary Prekindergarten Education Program under part V of chapter 1002.Fla. Stat. § 1006.1495(1)(b)'s obligations under applicable state and federal student privacy laws.
Establishes a K-12 AI-instructional-tool regime with three layered obligations: (1) a grade-6 floor on student access (with carve-outs for direct school-personnel supervision, English-language-learner translation, and disability accommodations); (2) parental pre-access notice covering tool identity, educational purpose, usage description, opt-out method, and account-access method; (3) parental opt-out aligned with the entity's existing instructional-materials opt-out policies, with an alternative-instructional-activity requirement when the parent opts out of a public-school student's use.
Subsection (5) imposes a parallel obligation on operators: at the time the operator provides student access credentials, the operator must provide the educational entity with a means to authorize parental access — either by issuing read-only credentials directly to the parent, or by responding to written parental requests within 30 days. The section expressly disclaims any obligation to create or retain a transcript of student interactions beyond what is otherwise maintained.