Two Republicans. Two completely opposite visions for AI regulation. And the outcome will affect every AI tool you use.
President Trump wants one national AI rulebook with minimal restrictions. Governor DeSantis wants states to protect consumers from AI harms. Both can’t win.
The DeSantis AI Bill of Rights was announced just days before Trump signed an executive order trying to block exactly this kind of state-level regulation. DeSantis isn’t backing down: “We have a right to do this,” he said, confident Florida’s AI policies would survive any legal challenge.
The quick answer: Florida’s proposed law would require companies to tell you when you’re talking to AI, ban AI-only insurance claim denials, give parents access to their kids’ AI chatbot conversations, and prevent utilities from charging you more to subsidize Big Tech data centers. Trump’s executive order tries to preempt all of this, but legally it’s questionable whether a president can override state legislatures without Congress.
If you care about what rights you have when using AI, this fight matters.
What the DeSantis AI Bill of Rights Actually Proposes
On December 4th, DeSantis announced what he calls a “Citizen Bill of Rights for Artificial Intelligence” that would create some of the strongest AI consumer protections in the country. Here’s what the DeSantis AI Bill of Rights includes:
For parents and kids:
- Parents could access their children’s conversations with AI chatbots
- Parents could set time limits and parameters for when kids use AI
- AI platforms would have to notify parents if a child shows concerning behavior
- Strengthened protections against deepfakes depicting minors
For everyone:
- Companies must tell you when you’re interacting with AI, not a human
- Your data entered into AI must stay private and can’t be sold to third parties
- AI cannot be used for “licensed” therapy or mental health counseling
- Insurance companies can’t use AI as the sole factor in denying your claim
- Ban on Chinese AI tools like DeepSeek in government agencies
For utility bills:
- Utilities cannot charge residents more to subsidize AI data center construction
- No taxpayer subsidies for Big Tech data centers
- Local governments can prohibit data center construction in their areas
Why the DeSantis AI Bill of Rights Conflicts with Trump
A week after DeSantis’s announcement, Trump signed an executive order declaring there should be “ONE Rulebook” for AI nationally. The order directs the federal government to challenge state AI laws in court and potentially withhold federal funding from states with “onerous” AI regulations.
Trump’s argument: State-level regulations will hamper American AI companies competing globally, especially against China. His tech adviser David Sacks has pushed for minimal regulation to let AI companies innovate freely.
DeSantis’s argument: An executive order can’t override state legislatures. Only Congress can preempt state laws, and they haven’t done that for AI. He posted on X: “An executive order doesn’t/can’t preempt state legislative action. Congress could, theoretically, preempt states through legislation.”
Legal experts largely agree with DeSantis on the constitutional question. The executive order calls for an unprecedented assertion of federal power that would typically require congressional action. But the practical question is whether the threat of losing federal funding will pressure states to back down.
What the DeSantis AI Bill of Rights Means for You
If you live in Florida, this debate directly affects what protections you’ll have. DeSantis’s proposals would give you concrete rights: knowing when you’re talking to AI, keeping your data private, having parental oversight of kids’ AI use.
If you live elsewhere, watch this fight closely. Other states are considering similar AI regulations. If Florida successfully defies Trump’s order, it opens the door for California, Texas, and others to pass their own AI consumer protection laws. If Florida backs down, states will be far more hesitant to regulate AI at all.
The timing matters too. We covered Trump’s executive order last week and noted it creates uncertainty for AI governance. DeSantis’s response clarifies that at least some states won’t simply defer to federal wishes on this. For more context on how AI policy is evolving, see our coverage of Purdue’s university-wide AI mandate.
The Republican Divide on AI Policy
This isn’t just a DeSantis vs. Trump story. It exposes a real split within the Republican party on technology policy.
One camp, aligned with Silicon Valley and Trump’s tech advisers, wants minimal regulation to let American AI companies dominate globally. The other camp, where DeSantis sits, is skeptical of Big Tech and prioritizes consumer protection over corporate freedom.
Former Trump adviser Steve Bannon criticized the pro-tech approach, calling it “tech bros doing utmost to turn POTUS MAGA base away from him while they line their pockets.” That’s notable coming from someone who helped build Trump’s political movement.
Florida Senate President Ben Albritton tried to thread the needle: “We can figure out a way to land the plane, and we can make sure that Floridians have the protections that they deserve.”
What Happens Next with the DeSantis AI Bill of Rights
Florida’s legislative session begins in 2026. The DeSantis AI Bill of Rights will need to pass through the normal legislative process. If it does, expect immediate legal challenges citing Trump’s executive order.
The courts will ultimately decide whether an executive order can preempt state legislation without congressional action. Most legal scholars say it can’t, but this administration has pushed executive authority before.
For now, DeSantis is betting that consumer protection is a winning issue regardless of party. Parents worried about kids and AI chatbots, homeowners angry about utility bills subsidizing Big Tech data centers, consumers uncomfortable with AI making insurance decisions. Those concerns cut across political lines. If you’re curious about the mental health angle specifically, our guide on AI therapy chatbots explores this topic.
Common Questions About the DeSantis AI Bill of Rights
When would the DeSantis AI Bill of Rights take effect?
The proposals still need to pass through Florida’s legislature in 2026. If approved and signed, they’d likely take effect later that year, though legal challenges could delay implementation.
Can Trump actually block the DeSantis AI Bill of Rights?
Legally, it’s questionable. Executive orders can direct federal agencies but typically can’t override state legislation. Only Congress can preempt state laws, and they haven’t passed any AI preemption legislation. DeSantis is betting the courts will side with states’ rights on this one.
Would this affect AI tools I already use?
If you’re in Florida, yes. Companies would need to disclose when you’re interacting with AI, protect your data differently, and follow new rules around certain AI uses. For tools like AI writing assistants or ChatGPT for personal finance, you’d likely see more transparency about how your data is used.
Why is DeSantis, a Republican, opposing Trump on this?
DeSantis has been consistently skeptical of Big Tech, even when it puts him at odds with business-friendly Republican orthodoxy. He’s framed this as consumer protection and parental rights, issues that resonate with his base regardless of what Silicon Valley wants.
The fight over who gets to regulate AI is just beginning. Florida vs. the federal government will be the first major test case. Whatever happens will shape AI policy across the country for years to come. New to AI? Check out our Start Here page.
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