As the expansion of AI data centers threatens to raise electricity costs for individuals, state and local governments can enact policy to protect consumers and ensure data center operators pay the full cost. But AI technology has other risks, too, which Florida leadership is working to mitigate.
“Today, I proposed new legislation on artificial intelligence and AI data centers to protect Floridians’ privacy, security, and quality of life,” Gov. Ron DeSantis said Thursday in a statement.
The data centers proposal aims to ensure that consumers do not end up footing the bill for the expansion of AI data centers in the state.
First, it would prohibit electric, gas and water utilities from charging Floridians more to support hyperscale data center development. Second, it would protect residents by ensuring no taxpayer subsidies would support Big Tech. Third, it would allow local governments to ban data center construction and development in their communities.
It would also protect Florida’s water resources and natural spaces by ensuring responsible water use and preventing the construction or operation of a data center by foreign entities or on land classified in a certain way — as agricultural land or land under a greenbelt exemption. The Florida Department of Transportation would also be required to complete noise abatement reviews.
The other proposal would establish an AI Bill of Rights. In 2022, the federal government took a similar approach with the creation of its Blueprint for an AI Bill of Rights, but this voluntary guidance was not without blind spots, experts said, such as an exemption for law enforcement agencies.
Florida’s AI Bill of Rights would, if it becomes law, do several things to safeguard consumers.
First, it would strengthen protections Florida has already passed against deepfakes and explicit material, with specific measures regarding material depicting minors. The bill would provide parental controls, too, ensuring parents can access conversation history between a child and a large language model and can set parameters for the child’s use of such tools. Parents would be notified if a child exhibits concerning behavior.
It would also prohibit any state or local government agency within the state from using DeepSeek or “any other Chinese-created AI tools” in an effort to safeguard data, per the announcement. AI would be barred from using an individual’s name, image or likeness without their consent. The proposal would attempt to ensure data input into AI tools be secure and private. Companies could not sell or share personal identifying information with third parties.
The proposal would also require that consumers be notified when interacting with an AI tool such as a company chatbot. Entities would not be allowed to provide “licensed” therapy or mental health services using AI technology. Insurance companies would be limited from using AI for insurance claims, and the proposal would require that AI could not be the sole determination in adjusting or denying any insurance claim. The Office of Insurance Regulation would be allowed to inspect any insurer’s use of AI for claims to ensure adherence to trade practices.
For these two proposals to become official, they will need to go through the state’s formal legislative process and secure lawmakers’ approval before the governor could sign them into law. That process would begin, generally, with a state legislator drafting and formally filing a bill containing their components. Essentially, their introduction is a suggestion.
The proposals arrive amid federal attempts to block state-level AI legislation despite bipartisan opposition. Some experts have argued this shift would be evidence of the federal government siding with Big Tech against states’ rights.
