Florida lawmakers split on AI regulation
Gov. Ron DeSantis is renews his call for an ‘AI Bill of Rights’
Sen. Tom Leek
The Florida House is rejecting sweeping AI restrictions, and the Senate is showing little interest in a more targeted House proposal.
Meanwhile, Gov. Ron DeSantis is renewing his call for an “AI Bill of Rights.”
At a roundtable discussion Friday in the Capitol with academics, health regulators, and tearful parents, DeSantis warned that the tech industry is motivated only by profit, and government’s failure to regulate is “basically an amnesty.”
“You have to have robust protections for children,” DeSantis said. “There are some very serious downsides.”
Earlier in the week, the Senate voted 35-2 to approve SB 482 by Republican Sen. Tom Leek, a chief legal officer from Ormond Beach.
The “AI Bill of Rights” would bar AI companion chatbots from interacting with children without parental consent. Platforms would be required to post frequent notices that users are not speaking with a human.
“There’s an inherent evilness when we allow machines to create and sustain a relationship that a user believes to be real,” Leek said. “That evilness is only magnified when that machine interacts with a child or vulnerable adult.”
The bill is inspired, in part, by a Florida mother who claims an AI companion chatbot encouraged the 2024 suicide of her 14-year-old son.
SB 482 would give platforms 45 days to correct mistakes, but subject them to fines of up to $50,000 for violations the Florida attorney general deems “egregious.”
A few hours after the Senate vote, Speaker Daniel Perez, a Miami attorney, said the House prefers to let federal regulators take the lead when it comes to regulating AI platforms.
“We do believe that the federal government should take care of AI and in whatever legislation or policy has to pass on a national level as opposed to doing it on a state-by-state basis,” Perez said.
A House companion to Leek’s bill, HB 659 by Rep. Christine Hunschofsky, D-Parkland, failed to get a committee hearing this session.
Rep. Hillary Cassel
On Thursday, the House voted 108-0 to approve HB 527, “Mandatory Human Review of Insurance Claims Denials,” by Rep. Hillary Cassel, R-Orlando.
“CS/CS HB 527 is a consumer protection bill that ensures no Floridian has their insurance claim denied or reduced solely by artificial intelligence,” Cassel said.
Cassel is co-founder of a civil litigation firm that represents residential and commercial policy holders.
The bill requires a “qualified human professional” to independently review the facts of a claim, analyze the policy, evaluate any artificial intelligence output, and make a final determination. Insurance companies would be permitted to use AI and algorithms to assist with claims processing, but the bill “draws a clear line” when it comes to denying or reducing benefits, Cassel said.
Insurers would also be required to document that a claims denial was reviewed by a qualified human professional, Cassel noted.
“This legislation does not ban innovation, it simply ensures that technology assists, but never replaces human judgment when families, injured workers, or patients are depending on their coverage,” she said.
The Senate has shown little interest in the proposal and its prospects this year appear slim.
A companion to Cassel’s bill, SB 202 by Republican Sen. Jennifer Bradly, a Flemming Island attorney, failed to get a committee hearing.
The 60-day regular session is scheduled to adjourn March 13, but with budget negotiations stalled, an extended session to reach a compromise appears likely.