Technology

LEGISLATION THAT PASSED

Data Centers – SB 484 begins the regulation of data centers, but it is likely this will be revisited in the future sessions. The rapid growth in artificial intelligence, cloud computing, and streaming has created a very large need for very large data centers. States are looking at how to best regulate this industry and Florida is no exception. Data centers need large amounts of electricity and water to operate and the bill shields residents and businesses from paying for some of the utility costs by ensuring large load customers cover the full cost of their service. The bill also strengthens water permitting, including requiring data centers to use some reclaimed water. The bill directs OPPAGA to contract for an independent, interdisciplinary study of policy considerations related to the construction and operation of large-scale data centers. The House amended the Senate bill to remove a prohibition on local governments entering into non-disclosure agreements with data centers but left a prohibition of a 12-month extension. The bill went through floor amendments. The final bill retains local government control of where data centers can be located. Earlier versions had state limitations on data centers’ proximity to schools or residences. The Senate concurred with the House changes.

Local Government Cybersecurity – HB 1085 creates the Local Government Cybersecurity Protection Program to assist eligible local governments with developing and enhancing cybersecurity risk management to defend against threats. The program will provide local governments with information technology commodities and services through competitive grants, giving priority to fiscally constrained counties. A late House amendment will allow local governments to buy IT commodities and services from Florida Digital Service contracts without a grant.  The Senate bill (SB 576) envisioned the program being administered by the Florida Digital Service, the House wanted it administered by Cyber Florida, housed within the University of South Florida. The Senate language prevailed. The program is repealed on July 1, 2031, unless it is reenacted by the Legislature. HB 1085 passed the House. The Senate replaced the language with the Senate bill and sent it back to the House. The House amended that and the Senate concurred.

LEGISLATION THAT DID NOT PASS

Artificial Intelligence (AI) Bill of Rights – SB 482, a priority of Governor DeSantis, would have provided some protections from AI for Floridians. The legislation gave parents the right to control children’s interaction with chatbots, require chatbots to remind users it is not human and to take breaks, restrict AI companies from selling or disclosing personal information, and establish rules about the unauthorized use of people’s names, images or likenesses. Parents would be required to give consent for minors to use AI platforms. This week, the bill was amended to prohibit students below sixth grade from using AI unless supervised by school personnel or used by students with disabilities or those learning English as a second language. President Trump wants nationwide regulation of AI.  The Senate passed its bill, but the House never took the issue up, as it preferred to follow the federal government’s lead.

Tech Education – HB 1503 would have required general education core courses that integrate technology to include instruction on artificial intelligence and digital literacy and competency and, when applicable to the subject matter of the course, robotics, software engineering, computer networks, database systems, and cyber security. It required high school computer science courses to include foundational instruction on artificial intelligence, covering data usage, benefits and risks, and ethical considerations. Language was removed that would have required additional educator certificate coverage areas for computer science (grades K-5) and computer science (grades 6-12), while maintaining the existing computer science (grades K-12) coverage area. After passing the House, the Senate took up HB 1503 and amended it to remove the provision mentioned above. The House attempted to add the K-12 provision back. The Senate did not concur.

IT Procurement Reform – HB 1197 included several measures recommended by Florida TaxWatch to increase the efficiency, effectiveness, and transparency of the state’s IT procurement. The bill would have created the Bureau of Enterprise Project Management and Oversight within the Florida Digital Service and directs it to develop standardized governance frameworks and reporting requirements for major IT projects. It would have required all state agencies to follow new project planning processes and submit certain procurement and performance data for IT projects costing $10 million or more. It enhanced vendor performance tracking and contract standards with the goal of reducing vendor dependency and safeguarding the state’s investments in IT. The bill passed the full House, but the Senate had a much different IT bill (see SB 480 below.)

IT Governance – SB 480 would have established the Division of Integrated Government Innovation and Technology (DIGIT) under the Executive Office of the Governor. The Florida Digital Service (FLDS) would be transferred to DIGIT, and the state Chief Information Officer (CIO) will serve as DIGIT’s executive director. DIGIT would have responsibilities including master data management, legacy system needs assessments, IT expenditure tracking, and developing career training programs for the state’s IT workforce. The bill also mandates biennial cybersecurity risk assessments for state agencies, eliminating the Cybersecurity Advisory Council. SB 480 made it to the floor. The House passed a completely different IT bill (see HB 1197 above) that the Senate did not take up.