AI Frontier Institute

Public Records/Department of Legal Affairs/Artificial Intelligence Violations

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Florida SB 1346 (2026), sponsored by Senator Burton, amends section 501.1739 of the Florida Statutes to create a public records exemption for information related to Department of Legal Affairs investigations of violations involving companion artificial intelligence chatbots and their system operators. Under new subsection (12)(a), all information received by the department following a violation notification or during an active investigation is confidential and exempt from the public records requirements of s. 119.07(1) and s. 24(a), Article I of the State Constitution until the investigation is completed or ceases to be active. During an active investigation, the department may disclose such information in furtherance of its official duties, to assist the public in identifying AI-related victims, or to other governmental entities per subsection (12)(b). Even after an investigation concludes, subsection (12)(c) keeps certain categories of information permanently exempt, including personal identifying information, computer forensic reports, data security weaknesses, and proprietary information of the operator. Subsection (12)(d) defines 'proprietary information' as information owned or controlled by the operator that is private, not publicly available, and reveals competitive interests whose disclosure would harm the operator's competitive position. Per subsection (12)(e), the exemption is subject to the Open Government Sunset Review Act under s. 119.15 and will be repealed on October 2, 2031, unless the Legislature reviews and reenacts it. Section 2 provides a statement of public necessity citing risks including obstruction of investigations, identity theft, exposure of trade secrets, and cybersecurity vulnerabilities. The act takes effect contingently upon the enactment of companion legislation (SB ___ or similar) in the same 2026 legislative session.

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