USA – FLORIDA Trends and Developments Contributed by: Jason Loring, Andrew Lee and Lara Sevener, Jones Walker LLP
As healthcare increasingly relies on technology plat - forms, the collection of biometric identifiers, genetic data and detailed health metrics through wearable devices, mental health apps and genetic testing ser - vices has grown dramatically. Florida’s enforcement strategy suggests these practices will face height - ened scrutiny when foreign entities are involved, either through direct ownership or through data shar - ing arrangements. Artificial Intelligence Regulation: From Transparency to Rights Florida is pursuing comprehensive AI regulation through initiatives addressing government use, con - sumer protection and children’s safety. The Florida Artificial Intelligence Bill of Rights (SB 482), currently advancing in the 2026 legislative session (building on Gov. Ron DeSantis’ 2025 AI safeguards initiative), would establish significant consumer-facing AI rules, particularly for companion chatbots and data handling. The bill would require AI companies to pro - vide parental controls allowing parents to access con - versations their children have with companion chatbot platforms and large language models. This provision addresses growing concerns about children develop - ing relationships with AI systems, receiving advice on sensitive topics without parental knowledge, or being exposed to inappropriate content through conversa - tional AI interfaces. The parental access requirement would create signifi - cant technical and operational challenges. Companies would need to implement age verification systems, develop secure portals for parental access and estab - lish clear data retention policies. The legislation would also restrict the sale or sharing of personal identifying information with third parties unless properly de-identified and would limit state agencies from using AI providers with certain foreign affiliations, reflecting national security and data sover - eignty concerns similar to those underlying the CHINA Prevention Unit’s creation. If enacted, SB 482 would position Florida alongside Colorado and California as a leader in AI regulation. Colorado’s AI Act focuses on algorithmic discrimina -
tion in consequential decisions. California’s various AI initiatives address deepfakes, automated decision- making and AI safety. Florida’s approach emphasises children’s protection and professional services bound - aries rather than discrimination prevention. Florida’s 2024 legislation established AI transparency requirements for government systems and mandat - ed disclosures when AI creates or modifies political advertising, addressing deepfake concerns in elec - tions. Under the FDBR, consumers can opt out of profiling that produces legal or similarly significant effects, addressing AI-driven automated decision- making in contexts like credit decisions, insurance underwriting, employment screening and access to essential services. Industry-Specific Implications Healthcare Healthcare companies face the most immediate com - pliance pressure. Beyond CHINA Prevention Unit scrutiny, healthcare entities must navigate HIPAA requirements, state breach notification laws and potential AI regulation affecting telehealth and men - tal health applications. Foreign-owned companies or those transferring data internationally should expect enforcement attention in 2026. Companies collecting biometric data, genetic infor - mation or detailed demographic profiles should conduct comprehensive risk assessments. Key evaluation points include documenting corporate ownership structures to identify foreign investors or parent companies, mapping data flows to determine whether health information crosses international borders, reviewing cloud service provider arrange - ments and data storage locations, and assessing whether business partnerships with foreign entities create exposure under the CHINA Prevention Unit’s mandate. Additionally, Florida law restricts state and local government contracts with entities owned or controlled by foreign countries of concern, creating further compliance considerations for foreign-owned healthcare companies seeking government contracts or partnerships. Healthcare companies should also evaluate whether their data security practices meet the “reasonable measures” standard under Florida law, particularly for cross-border transfers.
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