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    3. Florida AI Regulation Split into Political Advertising and Data Centers

    Florida AI Regulation Split into Political Advertising and Data Centers

    By: www.tokenpost.kr|2026/08/17 10:36:30
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    Florida is addressing artificial intelligence (AI) not as a single comprehensive bill but by dividing it into regulations based on usage, such as political advertising, insurance, data centers, and protection of minors. The conflict between big tech and the state government is shifting from a debate over regulation to a question of who designs the rules.

    Florida Governor Ron DeSantis announced an AI citizenship proposal on December 4, 2025. This proposal includes provisions for data privacy, parental controls, consumer protection, restrictions on unauthorized use of individuals' names, images, and likenesses, notifications for company chatbots, limitations on AI making sole decisions in insurance claims, and a ban on the use of Chinese AI tools.

    However, this proposal has not solidified into comprehensive legislation. In the 2026 Florida legislative process, a broad AI citizenship bill remained at the committee stage, and actual legislation progressed on a case-by-case basis. Florida has shown a trend of controlling AI by separating usage and infrastructure rather than regulating it all at once.

    The first area implemented was political advertising. Florida's election law mandates that starting July 1, 2024, political advertisements created by generative AI that depict scenes that did not actually occur and harm candidates or deceive voters on voting issues must include disclaimers. Violations can result in a first-degree misdemeanor.

    Data center regulations have been confirmed by law. Governor DeSantis signed SB 484 on May 7, 2026. This law requires large data centers and major power users to bear service costs and prevents costs and risks from being passed on to regular electricity customers. It also maintains local governments' authority over land use and development regulations.

    Voting figures must also be corrected. The official summary from the Florida Senate states that SB 484 passed with a vote of 31 to 6 in the Senate and 92 to 16 in the House, which differs from reports claiming 'unanimous' approval.

    AI regulation is not just about addressing the risks of models. Data centers are intertwined with power grids, water usage, land use, and local permitting, while political advertising falls under election law and expression regulations, and insurance relates to consumer protection and industry regulations. This is why the legal tracks applicable to the same AI can differ.

    Industry responses are more sophisticated than simple opposition. TechNet reported that in 2025, it dealt with 808 bills across all 50 states, Washington D.C., and Puerto Rico, achieving an 87% success rate for its policy positions. The same report indicated that AI is presented as a key area for policy engagement alongside data privacy, energy, online markets, and autonomous driving.

    TechNet called for consistent risk-based regulation at the federal level and avoidance of overlapping state regulations in a separate AI policy document. As state-specific rules increase, companies may face varying service designs, compliance monitoring, and liability scopes across regions. This is why U.S. AI companies and data center operators do not view the Florida debate as merely a local issue.

    In the insurance sector, different voices have emerged. WLRN reported on October 8, 2025, that the Florida House Insurance and Banking Subcommittee discussed that the insurance industry could regulate the use of AI under existing Florida insurance laws. Paul Martin, Vice President of the National Association of Mutual Insurance Companies, stated, "Whether a decision or action is made by a person or an AI platform, it is all subject to Florida law."

    At the same meeting, Jarrett Catlin from TechNet expressed that issue-specific legislation is preferable to a comprehensive package. This is interpreted as a signal that the industry prefers narrower bills over broader ones rather than denying all regulatory gaps.

    The national trend also fuels the Florida debate. The National Conference of State Legislatures (NCSL) reported that in 2025, all states, Washington D.C., Puerto Rico, and the Virgin Islands introduced AI-related bills, with 38 states adopting or enacting about 100 of them. The Florida case has become a testing ground for whether U.S. AI regulation will follow a federal single standard or remain a patchwork of state regulations.

    For Korean companies, two points are at stake. One is that AI services may be divided into industry-specific regulations like political advertising, insurance, and protection of minors. The other is that AI data centers are bundled with regulations on power, water, and local permitting. We previously reported that the expansion of AI infrastructure financing and data center investments has become a debate over off-balance-sheet liabilities.

    The impact of the Florida debate on the direct revenues of domestic AI, cloud, and semiconductor companies requires further verification. However, as state regulations increase in the U.S., global service providers will need to manage regional terms, advertising reviews, insurance and consumer responses, and data center location strategies separately.

    Although Florida's comprehensive AI citizenship bill remained at the committee stage, the notification for political advertising and the blocking of cost transfer for data centers have already been institutionalized. The next step depends on how many individual issues like insurance, chatbots, and protection of minors will continue as separate bills.

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