Tallahassee, Florida — Florida Gov. Ron DeSantis said Monday that his state retains the authority to regulate artificial intelligence despite a recent executive order from President Trump aimed at promoting a national AI framework and discouraging a patchwork of state laws.
Speaking at Florida Atlantic University, DeSantis argued that the executive order does not—and legally cannot—prevent states from enacting their own AI regulations. He emphasized that only Congress, not the president, can preempt state authority through legislation under Article I of the Constitution. DeSantis added that the order itself encourages many of the same guardrails Florida is pursuing.
Last week, the governor unveiled a proposed “Citizen Bill of Rights for Artificial Intelligence,” which would restrict AI systems from using a person’s name, image, or likeness without consent, provide protections against deepfakes, and impose additional safeguards for children. The proposal reflects Florida’s effort to frame AI regulation around consumer protection rather than industry self-policing.
DeSantis also addressed concerns raised by supporters of Trump’s order who fear aggressive AI regulations from Democratic-led states such as California and Colorado. Some have suggested the federal government could challenge state laws under the Dormant Commerce Clause, which limits state actions that interfere with interstate commerce. DeSantis said he doubts such challenges would succeed against Florida’s approach and expressed confidence the state would prevail if tested in court.
The debate highlights growing divisions within Republican circles over AI governance. Efforts by GOP lawmakers to block state-level AI laws through recent federal legislation have failed, underscoring unresolved tensions between federal uniformity and states’ rights as the technology rapidly expands.
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