November 2025 AI Law Wrap-Up for Florida Businesses: What Changed and How to Prepare for 2026

02 December 2025

By Yoel Molina, Esq., Owner and Operator of the Law Office of Yoel Molina, P.A.

November 2025 AI Law Wrap-Up for Florida Businesses: What Changed and How to Prepare for 2026

November was a busy month for AI law in the U.S. and abroad. If you operate in Miami-Dade County—or you build, buy, or invest in AI systems—this is the practical briefing you can use to make year-end decisions with confidence. I’m Attorney Yoel Molina, and below I summarize the month’s most important developments, explain why they matter to Florida companies, and give you a clear, business-first action plan for December and Q1.

1) The federal preemption drumbeat is getting louder

In Washington, conversations intensified around whether federal authorities should preempt state-by-state AI rules. The debate matters because many companies are currently designing compliance around a patchwork of requirements coming out of California, Colorado, New York, and others. A credible preemption push in D.C. could compress that patchwork into a single federal framework—or at least narrow the differences.

What this means for you: treat your AI compliance plan like a modular system. Build the features that let you satisfy the strictest state regimes, but structure your documentation and contracts so they can collapse into a single standard if federal preemption lands in 2026. Concretely, that means keeping your policies and vendor obligations organized by “control families” (disclosure, testing, incident response, dataset provenance, human oversight) so you can swap citations and labels without re-inventing the program.

2) Europe fine-tunes the path to the EU AI Act

The EU AI Act remains on track to fully apply in 2026, and November brought proposals aimed at smoothing implementation and clarifying some obligations. If you sell into the EU—or your platform has EU users—you should already be mapping your systems to the Act’s categories: prohibited, high-risk, general-purpose (GPAI), and “limited risk” with transparency duties. The practical takeaway is simple: documentation is not optional. U.S. businesses with even modest EU exposure need a basic “technical file” for each in-scope system, a risk-management plan, and a post-market monitoring loop.

Florida angle: many Miami companies service Europe in hospitality, fintech, logistics, and ecommerce. Don’t assume “we’re a U.S. business” is a shield. If your product or model touches EU users, the AI Act can touch you. December is a good time to identify which of your systems might be “high-risk” (for example, credit, employment, education, or essential services) and to assign an internal owner for EU compliance.

3) Courts keep tightening the copyright battlefield

November delivered multiple rulings and filings that push the industry toward more rigorous licensing and provenance practices. European courts scrutinized both training data and outputs, and U.S. cases continued to spotlight discovery about what content models were trained on and how outputs are generated. For companies that fine-tune or build internal models, the message is clear: you should be able to explain what data you used, where it came from, what rights you have, and how you handle takedown or exclusion requests.

Practical steps for your contracts and internal policies:

Treat training data like inventory. Keep a register listing sources, licenses, and restrictions.
Add no-training language to NDAs and commercial contracts so vendors cannot train on your confidential data.
When using third-party models, require warranties about licensing and indemnities for IP claims, with audit and cooperation rights.
For generative outputs used in marketing or customer-facing content, adopt a clearance workflow (human review + automated filters) before publication.

4) States keep moving—plan for a highest-common-denominator approach

Even as federal preemption talk grows, states continue to legislate. California advanced obligations for frontier developers and consumer chatbots; Colorado’s broad AI law remains on the way with timelines adjusted into 2026; New York focused on disclosures and safety for AI companions and teen-facing experiences. If your product ships nationwide, you have two realistic strategies: either build to the strictest regime and apply it everywhere, or implement geo-fencing so certain features and disclosures toggle on in specific states. Most small and midsize businesses will find the first strategy simpler and more predictable.

5) Florida and Miami-Dade: what local operators should know now

Florida has strengthened criminal and civil remedies against non-consensual deepfake pornography and other deceptive synthetic media. That matters to platforms hosting user-generated content, but it also matters to brands and public figures based here: takedown, preservation, and law-enforcement referral playbooks are essential. Beyond that, expect state attention on AI in insurance, education, and employment screening. Miami-Dade businesses should assume that existing consumer-protection and unfair-practices laws already apply to misleading AI claims, undisclosed automated decisions, and high-risk uses that harm consumers.

If your organization touches any of the following use cases in Florida, elevate them for legal review:

Hiring, promotion, or termination decisions influenced by AI
Pricing, credit, underwriting, or eligibility determinations
Biometric classification, voice cloning, or face-matching
Teen-facing chat or “companion” functionality
Synthetic media in political advertising or reputation management

6) Your December action plan: the quickest wins with the biggest risk reduction

A. Refresh your AI contracting toolkit Update your templates so they all speak the same language and cover the same control families. At minimum, include:

Data provenance & licensing: vendor warrants rights to training and inference data; shares lists or summaries on request.
No-training on customer data: unless you expressly opt in.
Model change notifications: vendor must notify you before material updates that affect performance, bias, or safety.
Testing & evaluation: right to receive evaluation reports and to conduct your own tests, including red-teaming for critical use cases.
Human oversight: vendor describes recommended human-in-the-loop checkpoints; you retain the ability to override or disable automated decisions.
Security & privacy: alignment with your industry baseline (SOC 2, ISO 27001, HIPAA where relevant) and Florida data-breach laws.
IP & indemnities: clear warranties on non-infringement, prompt defense obligations, cooperation with evidence, and sensible caps that fit the risk.
Incident response: timelines, severity tiers, and contact points for safety or security events involving the model or data.
Audit rights: proportionate, well-scoped, and workable—including third-party attestations in lieu of intrusive audits where appropriate.

B. Stand up a lightweight governance program You don’t need a 200-page policy to be defensible—you need clarity and traceability.

Inventory: list each AI system, its purpose, data sources, model provider, and business owner.
Risk screen: flag high-impact uses (employment, lending, housing, healthcare, minors, biometric processing) for enhanced review.
Testing: document pre-deployment and periodic testing, including edge cases and bias checks relevant to your use.
Operations: define human-in-the-loop points, escalation paths, and a kill-switch for problematic behavior.
Records: keep decision logs, dataset notes, and change histories. If you ever face discovery, this is what minimizes disruption.

C. Prepare for EU exposure now If you have EU customers or users, map each system to an AI Act category and start the basic technical file: system description, data governance, risk management, testing results, human oversight, and post-market monitoring. Assign a responsible person and set a review cadence. Even if you ultimately conclude the system is “limited risk,” this documentation will save you time when customers or partners ask for it.

D. Train your teams on “claims discipline” Marketing and sales should avoid AI-washing—overstating accuracy, safety, or licensing. Product teams should avoid making unqualified claims about bias-free performance. Customer service should have scripts for explaining when and how AI is used, how to opt out if offered, and how to escalate sensitive complaints.

E. Build a synthetic-media playbook

For platforms: content policies, automated detection tools, trusted-flagger channels, rapid takedown procedures, and evidence preservation.
For brands and executives: media monitoring, PR coordination, and pre-drafted statements for deepfake incidents affecting reputation, securities markets, or elections.

7) A simple 12-point checklist for executives

Approve an AI policy that fits your business (not a generic download).
Maintain a current inventory of AI systems, their owners, and their risk tiers.
Add no-training clauses to NDAs and commercial agreements.
Update MSA/SOW templates with IP warranties, indemnities, and audit/notification rights.
Require vendors to disclose training sources or provide attestations.
Establish pre-deployment testing and periodic re-testing protocols.
Document human-in-the-loop and override procedures for high-impact use cases.
Stand up an incident-response plan for AI safety and security events.
Create a dataset register with licenses and restrictions.
Draft a synthetic-media (deepfake) playbook for legal and PR.
Map any EU-touching systems to the EU AI Act and start technical files.
Train marketing and sales on truthful AI claims and required disclosures.

Bottom line for Miami-Dade businesses

November 2025 accelerated three trends: (1) serious talk of federal preemption in the U.S., (2) steady progress toward the EU AI Act’s 2026 application, and (3) court decisions that reward companies who can prove what data they used and why. Florida companies should keep a flexible, modular compliance posture that works under the current patchwork but can tighten or simplify if federal rules crystallize. If you do nothing else this month, refresh your contracts, stand up a minimum governance program, and get your dataset house in order. That’s how you reduce legal exposure while still shipping product and hitting your 2026 roadmap.

Need help?

For legal help with AI governance, contracts, and compliance, contact Attorney Yoel Molina at admin@molawoffice.com, call (305) 548-5020 (Option 1), or message via WhatsApp at (305) 349-3637.