Florida AI Legislation (Deepfake and AI Disclosure Laws)

Summary

Florida regulates AI through narrow, issue-specific statutes rather than a single comprehensive AI act on the Colorado model. Two enacted laws and a piecemeal 2026-session package together form the Florida AI compliance perimeter for in-state operations.

Florida deepfake laws (2026)

Two enacted Florida statutes cover the bulk of deepfake-related compliance risk in 2026:

• HB 919 (2024) — AI in Political Advertising: codified as Chapter 2024-126, Laws of Florida; signed by the Governor on April 26, 2024 and effective July 1, 2024. Requires a clear and conspicuous disclaimer on any political advertisement that uses generative AI to depict a real person performing an action that did not occur, where the advertisement is intended to injure a candidate or deceive a voter. Failure to include the disclaimer is a first-degree misdemeanor and the underlying conduct is treated as an independent civil and criminal violation. [Source: flsenate.gov, retrieved 2026-04-29]
• HB 757 (2025) — "Brooke's Law": codified at Florida Statute § 836.13. Effective October 1, 2025. Criminalizes the willful creation, possession with intent to promote, solicitation, or production of an altered sexual depiction of an identifiable person without consent — including deepfakes and photoshopped images. Classified as a third-degree felony with up to five years' imprisonment, five years' probation, and fines up to $5,000 per image. The statute also imposes a 48-hour takedown obligation on covered platforms upon receipt of a valid removal request. [Source: leg.state.fl.us / Fla. Stat. § 836.13, retrieved 2026-04-29]

What distinguishes Florida's framework from Colorado's risk-based regime is its per-image penalty structure: each individual image or video constitutes a separate violation, so a single repository of non-consensual deepfakes can compound exposure into the millions of dollars rapidly.

General-purpose AI consumer protection (FDUTPA)

Florida's existing Deceptive and Unfair Trade Practices Act (Fla. Stat. ch. 501, Part II) reaches AI-driven misrepresentation and unfair practices that fall outside HB 919 and HB 757 — including misleading chatbot interactions, AI-generated reviews, and synthetic-media impersonation in commerce. The Florida Attorney General has signaled FDUTPA applicability to AI use cases in consumer-facing channels. Civil penalties under FDUTPA reach $10,000 per violation ($15,000 against senior citizens or service members). [Source: leg.state.fl.us / Fla. Stat. § 501.2075, retrieved 2026-04-29] Compliance teams should monitor the Atlas news log for FDUTPA enforcement involving AI-driven misrepresentation, FTC referrals, and parallel state UDAP actions in 2026 and beyond.

2026 session outlook

The Florida Legislature's 2026 session (January–March 2026) introduced several additional AI-related items addressing AI use by state agencies, AI in hiring decisions, and generative-AI consumer disclosure. As of the last verification date, none have been enacted; this Atlas entry will be split into per-bill detail pages once enactment occurs. Compliance teams operating in Florida should monitor the Florida Senate and Florida House bill trackers each session for AI-related items. Florida's narrow per-statute approach contrasts with Virginia HB 2094 — a Colorado-modeled comprehensive bill vetoed in March 2025 and tabled to the 2027 General Assembly session — illustrating an alternative regulatory path some southern states may pursue if comprehensive AI bills continue to face vetoes.

What Florida AI compliance actually requires

In 2026, an AI system deployed to Florida consumers triggers compliance obligations across at least three independent statutes — HB 919 for political content, HB 757 for sexual content, and FDUTPA for consumer-facing misrepresentation — without a unifying definition of "high-risk AI system." Compliance programs should treat each as an independent control surface with its own evidentiary record. Florida operators typically adopt the NIST AI Risk Management Framework or ISO/IEC 42001 as a voluntary control baseline and document a per-system AI impact assessment to demonstrate due care under FDUTPA and overlapping federal sector law. The federal TAKE IT DOWN Act (signed 2025) creates a parallel federal takedown regime for non-consensual intimate imagery that overlaps but does not preempt § 836.13.