Florida proposes criminal liability for AI companies in crimes

Florida targets AI platforms with criminal liability proposal

Florida Attorney General James Uthmeier is advancing legislation that would impose criminal penalties on artificial intelligence companies when their platforms facilitate illegal activity. Under the proposal, companies that own, control, or distribute AI products could face substantial fines, mandatory restitution to victims, court-ordered oversight, and potential suspension of operations in Florida if prosecutors determine their platforms aided criminal conduct.

The initiative follows multiple Florida investigations connecting AI technology to violent crime, child sexual abuse material, and unlicensed medical advice. Uthmeier plans to pursue the legislation during the state's 2027 regular session beginning in March, unless Governor Ron DeSantis convenes a special session.

Why it matters

This proposal represents one of the most aggressive state-level attempts to establish criminal liability for general-purpose AI platforms. If enacted, Florida would create a legal framework holding technology companies responsible not just for content moderation failures, but for criminal participation when their tools enable illegal acts. The approach could reshape how AI developers assess risk and design safeguards, while raising complex questions about the boundaries of corporate liability in an era of autonomous systems.

Investigation origins and scope

The legislative push builds on an investigation Uthmeier's office launched in April into OpenAI's ChatGPT platform. That inquiry expanded into a criminal probe involving Phoenix Ikner, accused of killing two people and wounding five others during a 2025 mass shooting at Florida State University.

Uthmeier has cited additional incidents to justify the legislation, including chatbots allegedly encouraging self-harm and the proliferation of AI-generated child sexual abuse material. Florida Department of Law Enforcement Commissioner Mark Glass emphasized that synthetic abuse material creates distinct challenges for investigators and victims, arguing that existing legal tools may prove insufficient.

The proposal would also examine liability for AI chatbots providing medical advice without proper licensing and address AI's role in facilitating scams.

Unanswered legal questions

While Uthmeier has outlined broad policy objectives, critical implementation details remain undisclosed. The legislation does not yet specify how prosecutors would determine when an AI platform has "participated" in a crime, what legal standard would apply to technology companies, or how the framework would interact with existing state and federal laws governing criminal liability and platform regulation.

The proposal also leaves unresolved how AI companies would distinguish between lawful and unlawful user activity while preserving privacy protections and free speech rights.

Regulation, not prohibition

Uthmeier framed the initiative as necessary regulation rather than a technology ban. "AI is only going to get more advanced. If we don't get in front of it now as public citizens, as community leaders, as law enforcement, it will be too late," he stated. He emphasized that the goal is enabling beneficial AI applications while preventing misuse: "We want AI to facilitate mankind ... to give us the tools to be successful to go out and catch bad guys."

Florida joins a growing number of states grappling with AI regulation as the technology advances rapidly. However, proposals establishing criminal liability for AI developers represent a significant expansion of legal responsibility for technology companies and would likely face substantial legal scrutiny if enacted.

These details were first reported by the News Service of Florida.