DeSantis, Newsom Official Aligned in Opposition to Trump AI Preemption
President Donald Trump can’t block state AI regulation through executive order, Florida Gov. Ron DeSantis (R) said Monday. A top tech advisor for Gov. Gavin Newsom (D) backed DeSantis’ comments, saying the EO "doesn't actually do anything in terms of affecting” state laws.
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DeSantis said members of Congress and the White House don’t want states like California and Colorado passing “woke” AI laws.
“I don’t, either, but that’s not like a reason to take away Florida’s rights. Are you kidding me?” DeSantis said during a roundtable discussion at Florida Atlantic University. He proposed an AI bill of rights that protects Floridians earlier this month (see 2512150034).
The EO doesn’t block states, he said: “You should read it and see. First of all, an executive order can’t block the states. You can preempt states under Article One powers through congressional legislation on certain issues, but you can’t do it through executive order. ... Even reading it very broadly, I think the stuff we’re doing is going to be very consistent. But irrespective, clearly we have a right to do this.”
DeSantis noted the EO suggests DOJ could challenge state laws in places like California and Colorado under the Dormant Commerce Clause. “I don’t anticipate that even happening against any of the stuff we’re doing in Florida, but if it does, I think we would be well-positioned to prevail on that,” he said: That won’t be a bar for creating an AI bill of rights in Florida.
“It’s been a bipartisan issue of really supporting states’ rights,” said Randi Michel, Newsom’s senior tech advisor, during a webinar hosted by the Center for AI and Digital Policy. “It’s not always that I agree with Ron DeSantis on things, but in this case, I think he makes a very important point.”
The EO doesn’t “actually do anything in terms of affecting our laws or our regulations,” she said. “Nothing has changed for us since the EO came out.”
She noted the Newsom administration is evaluating where certain restrictions might need to be altered under new AI laws due to the EO’s provisions regarding federal broadband funding. “We’ll see what that ends up looking like, and we’ll adjust our response accordingly. But I agree that we don’t want to impart some power on this executive order that it doesn’t have.”
The Texas governor's office, in a statement to Privacy Daily on Saturday, noted the state's role as a hub for AI data centers. “Texas is the epicenter of AI data center development in the nation,” said the office: Gov. Greg Abbott (R) “looks forward to working with the Trump administration and the business community to help the United States lead the world in artificial intelligence and innovation.”
DeSantis said that whether its data center or child protection issues, a lot of states have “concerns” about AI technology.
Michel said Newsom is in contact with other states about potentially replicating aspects of SB-53, a California AI law that Newsom signed in September (see 2509290064). Signing it was a “huge achievement,” and this past year has shown that common sense protections aren’t political, said Michel: “We’re really thrilled that [states like Florida] are following in our footsteps.”
California has been collaborating with a range of states on questions about SB-53 "potentially serving as a model for other places,” she added. The state believes SB-53 strikes the “appropriate balance,” and is “excited for others to follow in those footsteps.”