Florida

Does Florida require attorneys to disclose AI use in court filings? It depends on which courthouse you're in. Florida has no statewide rule, but the 11th Circuit (Miami-Dade), 17th Circuit (Broward), and 19th Circuit have adopted local orders requiring attorneys to disclose AI use on the face of their filings — including identifying the specific tool used.

This patchwork approach creates real headaches for managing partners with practices spanning multiple Florida circuits. You might need a disclosure statement in Miami-Dade and not need one 30 miles north in Palm Beach. Until the Florida Supreme Court acts, circuit-level rules are the law of the land.

Which Florida Circuits Require AI Disclosure

Three circuits have adopted mandatory AI disclosure requirements. The 11th Judicial Circuit (Miami-Dade County) requires attorneys to disclose AI use and identify the specific tool by name on the face of any filing that used AI assistance. The 17th Judicial Circuit (Broward County) has a similar requirement. The 19th Judicial Circuit followed suit. Each circuit's order has slightly different language and scope, so attorneys can't assume one circuit's compliance protocol works everywhere. Additional circuits may adopt their own rules at any time.

What the Disclosure Requirements Look Like

In circuits requiring disclosure, attorneys must include a statement — typically near the signature block — confirming whether AI was used in preparing the filing. If AI was used, the attorney must identify the specific tool (e.g., ChatGPT, Claude, CoCounsel). Some orders also require the attorney to certify that all AI-generated content has been reviewed for accuracy and that the attorney takes full responsibility for the filing. This goes beyond a simple checkbox — it's a substantive representation to the court about your workflow.

Penalties for Non-Compliance in Florida

Florida circuits enforcing AI disclosure have real teeth. Available penalties include striking pleadings, monetary sanctions, contempt of court, and referral to the Florida Bar for disciplinary proceedings. Courts have already acted on these provisions — pleadings have been struck for failure to include required AI disclosures even when the underlying legal work was accurate. The message is clear: the disclosure obligation is independent of the quality of the work product. Missing the disclosure statement is itself the violation.

How Florida Differs from Federal Court AI Rules

Florida's federal courts have their own landscape. The Southern District of Florida (covering Miami, Fort Lauderdale, and West Palm Beach) has individual judge orders requiring AI disclosure. The Middle District (Tampa, Orlando, Jacksonville) has a more uniform approach through administrative orders. State courts in Florida operate under circuit-level rules that don't necessarily mirror the federal approach. An attorney filing in both Miami-Dade state court and the Southern District federal court might face two different disclosure formats for the same type of motion.

Practical Compliance for Florida Attorneys

Build circuit-specific checklists. Before filing in any Florida court, confirm whether that circuit has an AI disclosure requirement — and check regularly, because new orders appear without much warning. Create a template disclosure paragraph that can be customized per circuit. When AI is used, log the specific tool and version for each filing. Train staff to treat AI disclosure the same way they treat certificate of service requirements — as a mandatory procedural element that can't be forgotten. If you practice across multiple circuits, your case management system should flag which circuits require disclosure at the point of filing.

The Bottom Line: Florida has no statewide AI disclosure rule, but the 11th (Miami-Dade), 17th (Broward), and 19th Circuits require disclosure including the specific AI tool used — check local rules before every filing or risk sanctions.