TALLAHASSEE, Fla. — Governor Ron DeSantis unveiled an ambitious plan yesterday to position Florida as the first state with comprehensive artificial intelligence regulations, citing “existential threats” that require immediate government intervention. The proposal, outlined during a press conference at the state Capitol, would establish a regulatory framework aimed at restricting certain AI applications while creating what the governor called a “pro-innovation sandbox” for approved technologies.
“We’re standing at a precipice,” DeSantis told reporters, flanked by state technology officials and business leaders. “Florida won’t wait for Washington’s bureaucrats to figure out what we already know—AI presents unprecedented risks to privacy, security, and our very way of life.”
The Florida AI Regulatory Framework, slated for legislative introduction in early 2025, represents the most aggressive state-level attempt to control artificial intelligence development. According to documents provided by the governor’s office, the proposal would require licensing for any company developing generative AI systems within state borders, mandatory safety testing protocols, and criminal penalties for creating what DeSantis termed “unauthorized autonomous systems.”
Industry experts and constitutional scholars quickly raised questions about the plan’s feasibility. Dr. Melissa Harding, director of the Technology Policy Institute, pointed to significant jurisdictional hurdles. “States simply don’t have the constitutional authority to regulate interstate commerce in emerging technologies,” Harding explained in a phone interview. “The federal government has already signaled it views AI regulation as a national security matter under federal purview.”
The timing of DeSantis’s announcement aligns with growing public anxiety about AI’s rapid advancement. A recent Pew Research Center survey found 78% of Americans support stronger government oversight of artificial intelligence, with 52% expressing specific concerns about deepfakes and AI-generated misinformation affecting elections.
DeSantis cited several high-profile AI incidents to justify state action, including last month’s temporary stock market disruption caused by an algorithm malfunction and several cases of sophisticated voice cloning scams targeting Florida seniors. “While the tech billionaires tell us to trust their judgment, everyday Floridians are already experiencing the downsides,” he said.
The governor’s proposal includes creating a 15-member “Florida AI Safety Commission” with authority to approve or reject certain AI applications for use within state boundaries. Critics note this approach mirrors Florida’s controversial social media regulation attempts, which faced significant legal challenges.
“We’ve seen this playbook before,” said State Representative Maria Vasquez (D-Miami), ranking member on the House Technology Committee. “The governor announces sweeping regulations that grab headlines but ultimately can’t survive basic constitutional scrutiny.”
Federal officials quickly pushed back against Florida’s plan. In a statement released hours after DeSantis’s announcement, Commerce Secretary Jennifer Maxwell emphasized ongoing federal efforts. “While we appreciate states’ interest in AI governance, effective regulation requires national coordination and international cooperation,” Maxwell said. “The administration will soon announce comprehensive AI safety standards that preempt conflicting state measures.”
Legal experts predict inevitable court challenges. Constitutional law professor Thomas Richardson at the University of Florida called the proposal “legally dubious” in its current form. “There’s clear Supreme Court precedent establishing that states cannot create regulatory patchworks in technologies fundamental to interstate commerce,” Richardson said during our interview at his Gainesville office.
The business community appears divided. The Florida Chamber of Commerce expressed “cautious support,” while the national tech industry group CompTIA warned that state-by-state regulation would create “compliance nightmares” for companies operating across multiple jurisdictions.
Behind closed doors, sources familiar with the administration’s planning acknowledge the legal challenges ahead. “The governor knows this faces an uphill battle,” confided a senior DeSantis adviser who requested anonymity to discuss internal strategy. “But he believes taking bold action positions Florida as a leader while forcing federal lawmakers to take the issue seriously.”
Some observers note political calculations at play. With DeSantis widely believed to be positioning himself for another presidential run, technology regulation offers a pathway to differentiate himself from potential rivals. Recent internal polling provided to me by a Republican strategist shows 64% of GOP primary voters support stronger government oversight of artificial intelligence companies.
DeSantis dismissed political motivations, insisting the proposal addresses immediate public safety concerns. “When your teenager can create a convincing video of anyone saying anything, or when autonomous systems can make life-altering decisions without human oversight, we have a responsibility to act,” he said.
The proposal does include provisions that might attract bipartisan support, including enhanced privacy protections for data used to train AI systems and transparency requirements for AI-generated content. It also establishes a “right to human review” for any significant decision made by automated systems.
Florida’s approach stands in stark contrast to states like California and Massachusetts, which have focused on targeted regulations for specific AI applications rather than comprehensive frameworks. Texas recently passed legislation requiring disclosure of AI-generated political content but stopped short of broader restrictions.
As Florida proceeds with its regulatory ambitions, the real question remains whether states can meaningfully shape AI governance in a technology landscape that inherently transcends borders. With federal action seemingly imminent, DeSantis’s bold regulatory vision may ultimately serve more as a political statement than practical policy.