As Florida’s 2026 Legislative Session approaches, artificial intelligence is expected to be a major focus among Tallahassee’s policymakers. Driven by Gov. Ron DeSantis’ calls for greater regulation, the legislature has already filed at least 32 bills ranging from embracing the new technology to banning it. But before legislators weigh these proposals, they should review the protections Florida has already put in place.

The House got a head start on the subject during their inaugural AI Week, convening various agencies, industries, and practitioners to discuss how they are approaching the emerging technology. As legislators consider new AI proposals, they would do well to heed the advice of Leo Schoonover, Chief Information Officer at the Department of Health, who urged the state in an early IT Budget & Policy Subcommittee meeting to “set the floor, not the ceiling.”

Schoonover has reason to be confident.

Over the past few years, Florida has set a strong “floor” of accountability for AI, in some cases without even trying. Those who testified before House committees repeatedly noted that Florida’s existing legal framework already addresses many of the concerns people have about AI. This is largely because preexisting laws tend to be process-neutral, providing penalties for harmful outcomes regardless of the tool or technology used.

Whether the technology is a chatbot, image generator, or diagnostic tool, the same accountability principles apply.

Consider the state’s protections against unauthorized commercial use of someone’s likeness. In 1967, long before generative AI was conceivable, lawmakers established penalties for profiting from a person’s identity without consent. While some fear that AI-generated media might evade these restrictions, the original statute focuses on the transgression rather than the method. Unauthorized profiteering remains illegal, whether the image is captured by a camera or generated by an algorithm.

The same accountability principles apply across licensed professional practices. The Florida Bar testified that lawyers who cite AI-hallucinated cases already face disciplinary action under longstanding ethics rules that predate the technology. Similarly, health care providers confirmed that physicians remain fully liable for any incorrect AI-assisted diagnosis or documentation under existing malpractice standards. Physicians, therefore, have strong reason to actively verify AI outputs rather than defer to them without scrutiny. In both professions, existing accountability structures discourage over-reliance without requiring AI-specific regulation.

Where regulatory gaps have arisen, the Legislature has moved to close them. Since 2022, the Legislature has reaffirmed that willfully promoting an altered sexual depiction of someone without their consent is illegal, most recently with the passage of “Brooke’s Law” last Session. In 2024, the Legislature passed requirements for political advertisements to include a transparency disclosure when content is created using AI. These efforts extend the same process-neutral logic to new contexts, keeping the focus on the harm itself rather than the technology used to commit it. If new gray areas arise in the future, Florida can and should apply the same framework when drafting new protections.

AI Week offered Florida a model for approaching novel technologies. Legislators heard directly from the agencies, industries, and practitioners who work with these tools every day. That kind of informed deliberation is exactly what good policymaking looks like. Florida has taken Schoonover’s approach without even realizing it. Through decades of process-neutral law, Florida has built a strong floor of consumer protection, while recent legislation has filled gaps where needed.

In the upcoming Session, legislators have a chance to build upon that foundation rather than abandon it. The floor is already there. All that’s left is deciding whether to trust it.

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Turner Loesel is a policy analyst in the Center for Technology and Innovation at The James Madison Institute.

Florida is in the middle of a housing affordability crisis.

Across our state, families are feeling the squeeze of a housing market that no longer works for them. Rapid population growth, rising construction costs, and record-high taxes all contribute to the crisis. But a major part of the problem is far less visible.

Outdated zoning rules are making it harder to build the homes Floridians need.

Minimum lot-size mandates are a major issue. In many communities, local governments require new homes to be built on lots that are far larger than the market demands. This may have made sense a decade ago, but today it limits housing supply, increases costs, and pushes homeownership out of reach for the next generation.

The impact is clear. According to the American Enterprise Institute, Florida faces a housing shortage of more than 486,000 homes. Families are paying more than ever just to keep a roof overhead, and the average home price in Florida has now reached about $400,000. This is a clear sign that housing costs are continuing to rise in Florida, and we urgently need these reforms. Multigenerational households, which are increasingly common in states where families care for multiple children and aging parents under one roof, often cannot expand or add living space because zoning rules restrict growth.

The housing affordability crisis is not accidental. It’s the result of decades of policies that restricted supply, limited housing types, and made it nearly impossible for the market to keep up with demand.

Florida homeowners need common-sense solutions. Thankfully, lawmakers have filed legislation, SB 948 and HB 1143, that would modernize minimum lot size requirements and restore flexibility for both homeowners and builders. This reform would allow the market to produce the smaller, more attainable homes that do not exist today. And Florida would not be alone.

Texas recently enacted similar lot-size reforms and has shown that a conservative, pro-growth approach to zoning works. When Texas lifted unnecessary land-use barriers, communities gained more choices and families benefited from a wider range of affordable housing options.

This effort also aligns with another important housing solution moving through the Legislature. House Bill 313 and Senate Bill 48 strengthen support for accessory dwelling units (ADU), often called garage apartments, in-law suites, or granny flats. ADUs give families a practical way to create affordable rental units, support aging parents, help young adults stay close to home and make better use of underused land near jobs and schools.

Both reforms target the same issue: the lack of affordable homes in communities across Florida.

When local governments enforce large minimum lot sizes, they block the smaller, more affordable homes that many families would choose. They also make it more difficult for ADUs, modular homes, and cottage-style developments to expand.

At a time when families are being priced out of the neighborhoods they love, these restrictions no longer make sense.

By eliminating minimum lot-size mandates, lawmakers can enable new starter homes, duplexes, cottages, and family-friendly ADUs that reflect how people actually live today. A statewide approach would also bring consistency and predictability to a system that currently varies widely across localities.

Florida has always been a place of opportunity. But opportunity means little if families cannot afford to buy a home and stay there.

Americans for Prosperity-Florida supports this legislation because it puts families, homeowners and communities first. Floridians deserve the freedom to use their property in ways that meet their needs while strengthening families and communities. We appreciate Sen. Stan McClain and Rep. Danny Nix, sponsors of SB 948 and HB 1143, along with Sen. Don Gaetz, for driving these common sense solutions that will help lower housing costs and expand opportunities for Florida families.

It is time to lift outdated restrictions and help end the housing affordability crisis.

Together, we can get the government out of the way and create greater housing opportunities for Florida families.

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Skylar Zander is the State Director of Americans for Prosperity-Florida.