DeSantis: Trump’s AI order ‘can’t preempt’ states from taking action

TALLAHASSEE, Florida — Gov. Ron DeSantis cast doubt Monday on the Trump administration’s ability to restrict states like Florida from regulating artificial intelligence, with new federal guidelines expected soon.

DeSantis, a fierce AI skeptic, is pushing Florida to enact a slate of AI protections for residents during the upcoming legislative session and has the backing of state lawmakers, who are holding several hearings on the topic this week. But as President Donald Trump eyes a federal top-down AI “rulebook” that could stymie Florida’s efforts, the GOP governor maintained it should be up to Congress, not the president, to establish such a sweeping policy.

“An executive order doesn’t/can’t preempt state legislative action,” DeSantis posted on social media Monday. “Congress could, theoretically, preempt states through legislation.”

“The problem is that Congress hasn’t proposed any coherent regulatory scheme but instead just wanted to block states from doing anything for 10 years, which would be an AI amnesty," DeSantis continued. "I doubt Congress has the votes to pass this because it is so unpopular with the public."

Trump’s hardline insistence on the federal government crafting AI regulations instead of states puts the president in a unique position with DeSantis, one of the loudest voices calling for states to take action. While the relationship between DeSantis and Trump has been strained at times, the governor has avoided direct criticism of the president and has largely been apprehensive of Congress proposing a lengthy moratorium blocking local AI laws.

The president’s promise of an AI executive order coming down this week, though, could put a damper on possible moves sought by DeSantis and other state leaders.

Florida lawmakers have introduced several bills to rein in AI, such as requiring insurance claim denials to come from a “qualified human,” and are likely to file more by the time session begins in January. DeSantis, for his part, wants a “bill of rights” stuffed with AI protections for consumers and residents, like preventing utility companies from up-charging residents when tech companies build massive data centers.

With Trump’s AI action looming, state legislative leaders are currently taking a wait-and-see approach on how it could ultimately restrict them.

“I haven't read the executive order, so I don't know,” state Senate President Ben Albritton (R-Wauchula) told reporters Monday. “I don't know the answer to the question, not until I see what it is specifically that the president comes out with and where that relates to what our authorities are.”