Bill
SB 2D
Florida SB 2-D creates an AI Bill of Rights restricting government AI contracts, protecting residents’ data and minors, and boosting enforcement and transparency.
Jurisdiction: Florida
Session: 2026D
Introduced by: Senator Brodeur
Date of effective provisions: July 1, 2026 (with early provisions starting July 1, 2025 for certain contracting restrictions)
Purpose and overarching goal
- Establishes an “Artificial Intelligence Bill of Rights” to provide Floridians with specific rights and protections regarding the use of artificial intelligence (AI), particularly in government contracting, consumer tech (companion chatbots), data privacy, and educational tools.
- Creates a state-level framework for accountability, transparency, and safety in the deployment of AI by both government entities and private sector actors operating in Florida.
Key provisions and changes
1) Government contracting and procurement safeguards for AI vendors
- Definition: AI is defined as a machine-based system that can predict, recommend, or decide per human-defined objectives (influencing real or virtual environments).
- Contracting with foreign countries of concern:
- Beginning July 1, 2025: Government entities may not extend or renew contracts with entities listed as foreign countries of concern if those entities would gain access to personal identifying information (PII) of individuals.
- Beginning July 1, 2026: Government entities may not extend/renew contracts with entities owned by, controlled by, or organized under foreign countries of concern (as defined in the bill).
- Competitive procurement restrictions:
- Beginning July 1, 2026: Government entities may not accept bids or enter contracts for AI technology/software/products unless the vendor provides an affidavit certifying it does not meet the foreign-ties criteria in (a), (b), or (c) of the statute.
- Related contract integrity: Adds a directive that the Division of Law Revision prepare these provisions as Part IX of ch. 501.
2) Artificial Intelligence Bill of Rights (Part IX, ch. 501)
- Created sections 501.9981 to 501.9987 establishing structure, rights, definitions, enforcement, and rules related to AI.
3) Rights of residents relating to AI (501.9982)
- Core rights for residents, including:
- Right to use AI to improve life in compliance with law.
- Right to supervise, access, limit, and control minor children’s use of AI.
- Right to know whether they are interacting with a human or an AI system.
- Right to know whether AI companies collect personal or biometric data and to expect deidentification or lawful protection of that data.
- Right to civil remedies for misuse of name, image, or likeness for commercial purposes via AI.
- Right to be protected by law from crimes (fraud, identity theft, cyberbullying, etc.) involving AI.
- Right to be protected from criminal uses of AI to create or alter sexual content involving minors.
- Right to know whether political ads were generated with AI.
- Right to sue for slander/libel/defamation by others using AI.
- Right to prevent AI from impersonating copyrighted characters or living individuals without consent.
- Right to restrict generative AI from using a protected character’s likeness without consent.
4) Definitions for AI and related terms (501.9983)
- Provides definitions for key terms: AI, account holder, minor, deidentified data, operator, chatbot, companion chatbot platform, etc.
5) Companion chatbot protections for minors (501.9984)
- Minors cannot become or remain account holders without parental consent.
- With consent, parents may:
- Receive copies of past/present interactions.
- Limit interaction time, days/hours, and disable interactions with third parties.
- Receive timely notifications if the minor expresses intent to self-harm or harm others.
- Platform obligations:
- Terminate minor accounts if content targeting/minor-identified occurs without consent, with a 90-day dispute window.
- Allow minors or guardians to request termination within specified days.
- Permanently delete all personal information tied to terminated minor accounts (subject to legal preservation requirements).
6) Behavioral and safety requirements for minors’ AI use (501.9984, continued)
- For all minor accounts, platforms must:
- Disclose to minors that they are interacting with AI.
- Provide default ongoing break reminders and clarify that the AI is not human.
- Take reasonable measures to prevent harmful content generation/sharing.
7) Penalties and enforcement (501.9984)
- Knowing or reckless violations subjected to civil penalties up to $50,000 per violation.
- Potential punitive damages for patterns of violation.
- Department of Legal Affairs may pursue actions under the Florida Deceptive and Unfair Trade Practices Act.
8) Consumer protection framework for AI use (501.9985)
- Bots must display a prominent notice at the start and hourly to indicate they are not human.
- Violations may lead to civil penalties (up to $50,000 per violation).
- Department may grant cure periods (e.g., 45 days) and issue guidance letters.
9) Deidentified data protections for AI companies (501.9986)
- Prohibits sale or disclosure of user personal information unless deidentified.
- Requires deidentification measures, contracts with recipients to comply, and prevention of inadvertent releases.
- Violations may trigger civil penalties; enforcement by the Department.
10) Investigations and enforcement toolkit (501.9987)
- Department can issue subpoenas, administer oaths, and compel testimony.
- Provisions for cross-state cooperation and penalties for non-compliance with investigations.
11) Other amendments
- Privacy-related amendments to 540.08 (unauthorized publication of name, image, or likeness) to restrict AI-generated likeness uses without consent.
- 1006.1495: New framework for AI instructional tools in educational settings, including parent notice, opt-out, and account access.
- Prohibitions on providing AI instructional tools to students before grade 6 except under specified conditions (supervised, translation for ELL, or accommodations for disability).
- Parental notice, opt-out processes, and access rights to student information/account activity.
- Must provide an alternative instructional activity if opt-out is chosen for public school students.
- Educational entities must provide parent access to student tool interactions and ensure privacy protections.
Impact and scope
Effective date
- July 1, 2026 (with certain contracting provisions taking effect earlier, July 1, 2025).
- Other sections (educational tools, privacy provisions) include alignment with the act’s effective date.
Notes
- The bill is comprehensive and creates a large regulatory framework spanning government procurement, consumer AI products (especially companion chatbots), deidentified data, and AI-enabled educational tools.
- Penalties can be significant, including civil penalties and potential punitive damages for patterns of violations.
Compiled from official sources — confirm details with the bill’s official record.
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