Primary Research · State Profile · FL
Florida regulates AI primarily through the Florida Digital Bill of Rights (FDBR), which took effect July 1, 2024 and applies to businesses generating more than $1 billion in global gross revenue with significant Florida operations — a notably narrow applicability threshold compared to most state privacy laws. Florida has separately enacted legislation targeting AI-generated deepfake intimate imagery (HB 919, 2024), AI use in political advertising (HB 919 amendments, 2024), and explicit consent for biometric data collection. The 2025 session also produced legislation requiring disclosures for AI-generated content in political campaign communications. Florida AI regulation is materially shaped by Attorney General enforcement priorities and the state's consumer protection authority under Florida's Unfair and Deceptive Trade Practices Act.
Florida's regulatory posture in 2026 is selective rather than comprehensive — large enterprises face FDBR obligations, deepfake content faces criminal and civil exposure, and political advertising faces transparency requirements, but smaller businesses are largely outside the comprehensive consumer privacy regime that captures more SMBs in California, Texas, or Colorado. The FDBR's profiling opt-out, sensitive data consent, and impact assessment requirements do reach AI deployments, but the $1 billion revenue threshold means most Florida AI exposure is concentrated at large enterprises. The AG has signaled active interest in AI-related consumer protection enforcement, and pending legislation could materially expand the Florida AI regulatory landscape in the 2026 session — including bills modeled on Colorado's deployer-developer framework.
Key provisions
Consumer rights of access, deletion, correction, portability, opt-out of profiling and sale; sensitive data consent; data protection impact assessments; AG enforcement; applies to businesses with $1B+ global gross revenue and significant Florida operations.
Key provisions
Criminal liability for AI-generated deepfake intimate imagery; political campaign AI content disclosure requirements; civil cause of action.
Multiple bills have been introduced that would expand Florida AI regulation beyond the current $1B revenue threshold and add deployer-developer obligations. None has yet been enacted; active legislative interest.
Following Illinois HB 3773 model, several Florida legislators have signaled interest in AI-in-employment disclosure requirements.
Sector-specific frameworks layer on top of state AI laws and frequently impose stricter or earlier-binding obligations. These are the sectors most exposed in Florida.
Large enterprises
FDBR is the binding constraint at the $1B+ revenue threshold. AI processing of Florida consumer data triggers profiling opt-out, DPIA, and sensitive data consent requirements.
Political campaigns
HB 919 amendments require disclosure of AI-generated political advertising content; active AG enforcement interest.
Platforms and content hosts
Deepfake intimate imagery exposure under HB 919; build notice-and-takedown protocols.
SMB and mid-market
Largely outside FDBR; AG enforcement under FDUTPA remains the principal AI exposure for sub-threshold businesses.
Practical operational checklist for organizations subject to Florida AI laws. Items are ordered by typical sequence of implementation, not by importance — most steps depend on the inventory work in the first item.
$1B+ global gross revenue with significant Florida operations — narrower than most state privacy laws.
Profiling opt-out covers AI-driven decisions producing legal or similarly significant effects.
Required for sensitive data processing and high-risk profiling.
AI-generated intimate imagery of Florida residents creates criminal and civil exposure.
Required by HB 919 amendments; AG has signaled enforcement interest.
Even sub-FDBR-threshold businesses face AG enforcement under FDUTPA for unfair or deceptive AI practices.
Multiple drafts; structure may follow Colorado deployer-developer model.
EFROS operates Florida AI compliance as a tiered program — FDBR full compliance for $1B+ enterprise clients, FDUTPA-aware AI disclosure practices for sub-threshold businesses, HB 919 deepfake response for platform clients, and political AI disclosure for campaign work. We monitor 2026 Florida AI Accountability Act drafts for clients planning for expanded exposure.
Disclaimer: this profile is a research dataset, not legal advice. Compliance determinations for Florida businesses require analysis of specific facts and should be made in consultation with qualified legal counsel licensed in Florida.
Reference this resource with attribution under CC-BY-4.0. Copy any of the formats below for academic papers, blog posts, AI citations, or vendor evidence packages.
Efros, S. (2026, May). Florida AI Law Tracker — 2026. EFROS. https://efros.com/research/state-ai-law-tracker/florida/
Efros, Stefan. "Florida AI Law Tracker — 2026." EFROS, May 2026, https://efros.com/research/state-ai-law-tracker/florida/.
Efros, Stefan. 2026. "Florida AI Law Tracker — 2026." EFROS. https://efros.com/research/state-ai-law-tracker/florida/.
S. Efros, "Florida AI Law Tracker — 2026," EFROS, May 2026. [Online]. Available: https://efros.com/research/state-ai-law-tracker/florida/
@misc{efros2026floridaailawtrac,
author = {Stefan Efros},
title = {Florida AI Law Tracker — 2026},
year = {2026},
month = {May},
publisher = {EFROS},
url = {https://efros.com/research/state-ai-law-tracker/florida/},
note = {Accessed: May 2026}
}https://efros.com/research/state-ai-law-tracker/florida/
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