Ron DeSantis has been fighting Washington, DC for years.
But this time he might be picking the wrong battle.
And the Florida Senate just challenged Donald Trump with one big move that could cost the state billions.
DeSantis Pushes Florida AI Bill Despite Trump's Warning
Florida's Senate just unanimously passed an "Artificial Intelligence Bill of Rights" through its first committee — and Ron DeSantis is daring Donald Trump to do something about it.
Trump signed an executive order on December 11 telling states to back off AI regulation or face the consequences.
The President wants one national standard for AI, not 50 different state laws creating a regulatory "patchwork."
His order established an AI Litigation Task Force at the Justice Department to challenge state AI laws in court.
It also threatens to cut federal broadband funding from states that don't comply.
But DeSantis isn't backing down.
"Even reading it very broadly, I think the stuff we're doing is going to be very consistent," DeSantis said. "But irrespective, clearly, we have a right to do this."
Florida's bill — sponsored by Republican Senator Tom Leek — bans minors from using AI companion chatbots without parental consent.
It requires platforms to remind users every hour that they're interacting with AI, not a human.
The bill also blocks companies from selling users' personal data and bars the Florida government from contracting with AI firms tied to China or Russia.
"This bill is predominantly about protecting Florida's children and vulnerable adults, as well as consumers," Leek said.
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The Federal-State Collision Course
The Computer & Communications Industry Association sent a letter opposing Florida's bill last week.
They want all AI regulation to come from Washington, D.C. — exactly what Trump demands.
But Trump's executive order can't overturn state laws directly.
Only Congress can do that.
Instead, Trump's weaponizing federal power to punish states for acting.
The Justice Department will sue states over AI laws on constitutional grounds.
The Commerce Department will identify "onerous" state AI laws and refer them to DOJ for lawsuits.
Federal agencies will withhold discretionary grants from states that pass or enforce AI laws.
Trump specifically attacked Colorado's AI law, claiming it forces companies to produce "false results" by preventing algorithmic discrimination.
Colorado's law takes effect June 30, 2026 — the same day as Florida's.
DeSantis thinks Florida's consumer protection focus will pass muster with Trump.
But Trump's order is deliberately vague about what counts as "onerous."
The Commerce Department won't publish its evaluation until spring 2026.
Florida is gambling its bill won't land on Trump's target list.
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Republican Governors Push Back
Several Republican governors have told Trump they won't back down.
Utah Governor Spencer Cox posted that "States must help protect children and families while America accelerates its leadership in AI."
Even Republican senators opposed Trump's preemption attempts.
Senator Josh Hawley called one provision "terrible" and demanded it stay out of spending bills.
DeSantis has toured Florida for months warning about AI dangers.
He's cited cases where AI chatbots encouraged children toward self-harm.
At a December press conference, DeSantis appeared with Megan Garcia — whose 14-year-old son died by suicide after forming a relationship with a Character.AI chatbot.
"I really fear that if this is not addressed in an intelligent and proper way, it could set off an age of darkness and deceit," DeSantis said.
The Florida bill received bipartisan support.
Democrat Senator Carlos Guillermo Smith called it "a strong and necessary first step."
Smith said clearer definitions are needed but praised the intent.
"There are AI systems that are engaging in sexually explicit abusive behavior towards children, and our laws need to make clear that AI cannot be used to sexually or emotionally abuse a child," Smith said.
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DeSantis Is Playing With Fire
Look, DeSantis is betting Florida can pass consumer protection laws without triggering federal retaliation.
But Trump's team hasn't shown interest in distinguishing between different types of state AI laws.
David Sacks, Trump's AI advisor, said the administration will protect kid safety laws but push back on "the most onerous examples."
Who decides what's onerous? Sacks and the Justice Department do.
Florida could wake up on the federal target list anyway.
The state would face a choice: fight Trump in court and risk billions in broadband funding, or surrender and let tech companies write their own rules.
Trump's order exempts child safety laws, data centers, and state government procurement from preemption.
Florida's bill covers all three.
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But the order gives federal agencies broad power to challenge any state law deemed inconsistent with a "minimally burdensome" framework.
Here's the real problem: there is no federal AI law.
Congress hasn't passed comprehensive AI legislation.
Trump's order doesn't create one — it just threatens states for acting first.
Florida is protecting citizens from AI harms happening now, while Trump demands everyone wait for Washington, D.C. to maybe act eventually.
The bill needs one more committee stop before reaching the full Senate.
If it passes, it takes effect July 1, 2026.
That's when Florida finds out whether DeSantis read Trump correctly — or whether the state just volunteered to be DOJ's first lawsuit target.
Sources:
- Michelle Vecerina, "Florida's 'Artificial Intelligence Bill of Rights' clears first Senate committee with bipartisan support," Florida Politics, January 21, 2026.
- News Service of Florida, "Florida bill dubbed as 'AI Bill of Rights' backed in Senate," WFLA, January 21, 2026.
- Mackenzie LaPorte, "Florida Senate introduces 'AI Bill of Rights' amid concerns," WFLA, January 21, 2026.
- Liv Caputo, "'I think about Jurassic Park': DeSantis-backed AI Bill of Rights clears first committee hurdle," Florida Phoenix, January 21, 2026.
- White House, "Ensuring a National Policy Framework for Artificial Intelligence," Executive Order, December 11, 2025.
