DeSantis Says Trump AI Executive Order Can’t Stop Florida From Regulating Data Centers
Florida Gov. Ron DeSantis says President Donald Trump’s recent executive order on artificial intelligence will not stop Florida or other states from regulating AI, even as Washington moves to limit state-level laws.
DeSantis’s comments on Monday highlight growing tension between federal authority and states’ rights in shaping AI policy.
President Trump signed an executive order on Dec. 11 intended to discourage states from passing independent AI regulations and encourage a unified national framework, empowering the Justice Department to challenge laws it deems inconsistent with federal goals.
At a Florida Atlantic University event, DeSantis pushed back on interpretations that the executive order would block state action. He said some people “were saying this blocks the states … it doesn’t.” He emphasized that “an executive order can’t block the states,” and that only congressional legislation could preempt state lawmaking.
DeSantis’s administration is developing what he calls a “Citizen Bill of Rights for Artificial Intelligence”, which outlines consumer protections, parental controls, restrictions on use of personal data, and provisions targeting hyperscale AI data centers to protect local communities.
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The federal order threatens litigation and the potential loss of federal funds for states with conflicting AI laws, but DeSantis says Florida’s proposals are constitutional and consistent with federal objectives and that his state would prevail if challenged in court.
Legal experts say executive orders have limited preemptive power without congressional backing, setting the stage for potential judicial battles over AI regulation authority.
“If it does happen, I think we would be well positioned to prevail,” DeSantis said.
The conflict underscores a broader national debate over AI oversight, federalism, and technological leadership.
State lawmakers and governors are expected to respond this week as Trump’s litigation task force begins reviewing state laws.
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