Generative AI liability insurance in Florida

What Is Generative AI Liability?

Generative AI liability can help pay covered defense costs and losses when someone claims your AI use caused harm, including infringement or data disclosure. If you use or sell AI outputs, check how the policy fits your role and existing liability coverage. Read the national Generative AI liability guide.

What to Watch for in Florida

• The sexual-depiction law directly addresses synthetic body parts

  Florida defines an altered sexual depiction to include computer-generated nude body parts or sexual conduct falsely attributed to an identifiable person. Willfully generating without consent, soliciting with the specified knowledge, or maliciously promoting it can be a third-degree felony; a civil claimant may seek at least $10,000 or actual damages plus fees for specified violations. ¹

• Platform duties depend on the service’s role

  Covered platforms had to establish notice-and-removal processes by Dec. 31, 2025 and generally must remove a qualifying image within 48 hours of a valid request. The statute separately exempts specified transmission/storage services and other defined services; it does not turn every model developer or hosting vendor into a covered platform. ¹

• Political-ad labels have a separate intent test

  Florida’s election rule applies when political advertising depicts a real person doing something that did not occur and the content was made to injure a candidate or deceive about a ballot issue. It specifies different disclosure formats for print, video, internet graphics, audio, and graphics. That is not a general label duty for every commercial AI output. ²

Who Regulates Insurance in Florida

Florida Office of Insurance Regulation

The Florida Office of Insurance Regulation licenses and regulates insurance companies and reviews rates and forms. The Department of Financial Services separately licenses insurance agents and handles consumer insurance complaints; its resource page links to both state license searches. ^3,4,5

• Regulator website
• License lookup
• File a complaint
• Phone: 1-877-693-5236

Surplus-lines tax and stamping office

Reported tax rate: 4.94% of gross premium plus a 0.03% FSLSO service fee for policies effective July 1, 2026 or later When Florida is the insured’s home state, Florida taxes the entire gross premium at 4.94%; the premium definition includes policy and similar insurance charges. The separate FSLSO service fee is 0.03% for policies effective July 1, 2026 or later. Surplus-lines policies do not receive Florida Insurance Guaranty Association protection. ^6,7,8

Florida Surplus Lines Service Office

Providers With Documented State Licenses

No provider in Spot’s research documents both a state license record and this coverage line. This does not establish that providers are unlicensed. Check the regulator’s license lookup and confirm availability with a provider when requesting a quote.

Questions to Ask Before You Buy in Florida

1. Does your Florida product generate, solicit, promote, host, or merely transmit user-submitted altered sexual depictions, and which party can remove the content?
2. For political customers, who checks whether a generated real-person depiction triggers the election rule and whether the required medium-specific disclaimer appears?
3. Ask the broker to show how the quote treats statutory civil damages, defense of criminal investigations, takedown expenses, intentional conduct, and third-party content separately.

Generative AI Liability in Florida: FAQ

Generative AI Liability in Other States

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• District of Columbia

Other Coverage in Florida

Sources

1. Florida Statutes 2025, § 836.13: Altered Sexual Depictions. Florida Senate; § 836.13(1)–(9): definitions, criminal and civil acts, disclaimer non-defense, covered-platform removal duties by Dec. 31, 2025, 48-hour response and exclusions. Accessed 2026-09-28.
2. Florida Statutes, § 106.145: Use of Artificial Intelligence. Florida Legislature; § 106.145: political-ad scope, intent trigger, required disclosure format by medium, penalties and election-commission complaint. Accessed 2026-09-28.
3. Florida Office of Insurance Regulation. Florida Office of Insurance Regulation; Official regulator homepage; insurer regulation. Accessed 2026-09-28.
4. Resources. Florida Office of the Insurance Consumer Advocate; State page links to DFS agent search and OIR active company search. Accessed 2026-09-28.
5. Get Insurance Help. Florida Department of Financial Services; Insurance concern and formal complaint intake; consumer helpline. Accessed 2026-09-28.
6. Florida Statutes § 626.932: Surplus lines tax. Florida Legislature; 4.94% tax on gross premium; home-state taxation; statutory definition of premium. Accessed 2026-09-28.
7. FSLSO Bulletin 2026-02. Florida Surplus Lines Service Office; Service-fee rate effective July 1, 2026: 0.03%. Accessed 2026-09-28.
8. Surplus Lines Search. Florida Office of Insurance Regulation; Consumer guidance for nonadmitted insurers, including absence of FIGA protection. Accessed 2026-09-28.
9. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
10. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
11. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
12. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
13. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
14. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
15. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.