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Boca Raton, FL - Florida Governor Ron DeSantis said Monday that states retain the authority to regulate artificial intelligence despite a recent executive order from President Donald Trump aimed at encouraging a national AI framework.
Speaking at Florida Atlantic University, DeSantis addressed confusion surrounding the executive order, which some critics have claimed could override state level AI laws.
He stated that the order does not prevent Florida or other states from moving forward with their own regulations and argued that executive orders do not have the constitutional power to preempt state authority.
According to DeSantis, only Congress can preempt states through legislation under its Article I powers.
DeSantis added that the language of the executive order actually aligns with several policies Florida is already pursuing.
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He said the order encourages states to adopt protections similar to those included in Florida’s proposals and maintained that Florida’s actions would remain consistent with federal guidance even under a broad interpretation.
Last week, DeSantis announced a proposal titled the Citizen Bill of Rights for Artificial Intelligence.
The initiative is designed to protect consumers from potential AI related harms and includes provisions restricting the use of a person’s name, image, or likeness without consent.
The proposal also addresses protections against deepfakes and includes safeguards focused on children.
The governor also commented on concerns raised by supporters of the executive order who worry that states such as California and Colorado could pass AI laws that affect interstate commerce.
Some have suggested that state laws could face legal challenges under the Dormant Commerce Clause.
DeSantis said he does not expect Florida’s proposals to face such challenges but expressed confidence the state would prevail if they did.
The executive order has highlighted ongoing divisions among Republicans over whether AI should be governed by a single national standard or by individual states.
Previous efforts by Republican lawmakers to block state AI regulations through federal legislation have failed amid internal disagreements.
Major AI companies continue to argue that complying with differing state laws would be difficult, particularly as California advances its regulatory efforts.