This was unexpected.
Florida Governor Ron DeSantis is drawing renewed attention after making comments that appear to push back against President Donald Trump’s latest executive action on artificial intelligence — raising questions about growing divisions inside the Republican Party.
During remarks Monday at Florida Atlantic University, DeSantis emphasized that individual states retain the authority to regulate artificial intelligence, despite a recent executive order from President Trump aimed at encouraging a national framework for AI standards.
According to DeSantis, claims that Trump’s order blocks state action are simply inaccurate.
“The president issued an executive order, and some people were saying this prevents states from acting,” DeSantis said. “It doesn’t.”
States Still Hold Constitutional Authority
The Florida governor stressed that executive orders do not override state powers under the Constitution. He explained that only Congress — not the White House — can preempt state laws through legislation under Article I.
“You can’t preempt states through an executive order,” DeSantis said. “That has to come through Congress.”
DeSantis added that, when read carefully, Trump’s executive order actually encourages many of the same consumer-protection measures Florida is already considering. He argued that Florida’s approach aligns with the broader principles outlined by the administration.
Florida Pushes AI “Bill of Rights”
Last week, DeSantis announced a proposal he calls a “Citizen Bill of Rights for Artificial Intelligence,” aimed at protecting Floridians from potential abuses tied to rapidly advancing AI technology.
The proposal includes safeguards such as:
- Preventing AI systems from using a person’s name, image, or likeness without consent
- Protections against deepfake content and impersonation
- Stronger safeguards for children and minors
DeSantis framed the initiative as a proactive effort to defend consumers while allowing innovation to continue.
Legal Concerns and Federal Challenges
Supporters of Trump’s executive order have raised concerns that aggressive AI laws in liberal states like California and Colorado could interfere with interstate commerce. Some have suggested the federal government could challenge such laws under the Dormant Commerce Clause, which limits state actions that burden national markets.
DeSantis acknowledged those arguments but said he does not expect Florida’s policies to face serious legal trouble.
“I don’t anticipate that happening with what we’re doing in Florida,” he said. “But if it does, I think we’d be very well positioned to prevail.”
GOP Divisions Over AI Regulation
President Trump’s move to address artificial intelligence at the federal level has highlighted emerging disagreements within conservative circles over how much regulation is appropriate.
Republican lawmakers have twice attempted to block state-level AI regulations in recent months — once through a tax and spending package and again through the National Defense Authorization Act. Both efforts failed amid internal GOP disputes.
At the same time, major technology and AI companies have warned that a patchwork of state regulations could increase costs and complicate compliance. Several firms have already pushed back against California’s expanding role in shaping AI policy.
Bigger Questions for Conservatives
As artificial intelligence continues to grow, the debate over state authority versus national standards is becoming a new fault line within the Republican Party — even among leaders who generally support President Trump.
With innovation, consumer protection, and constitutional limits all at stake, the AI debate is shaping up to be one of the most important policy battles heading into the next election cycle.