Florida Attorney General James Uthmeier filed a motion on Monday, September 28, 2026, seeking a temporary injunction against OpenAI and its ChatGPT product. The filing asks a state court to halt development of new artificial intelligence models unless independent third-party safeguards and approvals are in place. It also seeks to keep minors off ChatGPT, marking a significant escalation of the state's existing lawsuit against the company.
Requesting Court Imposed Restrictions
The motion was filed in the Tenth Judicial Circuit in Highlands County as part of a lawsuit first brought in June against OpenAI and Chief Executive Officer Sam Altman. Florida wants the court to prohibit OpenAI from misrepresenting ChatGPT's safety, reliability, and accuracy, as well as from claiming human attributes the system does not possess. The state also asks the court to stop ChatGPT from prolonging conversations to drive user engagement.
The requested order also addresses minors. Florida wants the court to bar ChatGPT from being offered to minors in the state and to stop OpenAI from collecting or processing data from children under 13 without written notice and parental consent. The order would require disclosure of what information is collected, how it is used, and how it is shared.
The underlying lawsuit alleges OpenAI knowingly released ChatGPT to the public, including children, while concealing serious risks and suppressing internal safety warnings. It was filed after prosecutors reviewed chat logs between ChatGPT and the accused gunman in the April 17, 2025 Florida State University shooting. That attack killed two campus employees and wounded six others.
Safety Incidents and Legal Arguments
The filing argues that OpenAI has admitted it cannot fully regulate its own technology and has asked governments to intervene. It also references statements from Altman and other technology leaders about the need for independent safety measures. Uthmeier's motion claims the company is providing a service without fully understanding how it works.
The document points to several incidents involving artificial intelligence agents, including an autonomous breach of the data hosting firm Hugging Face and an attack on the RubyGems coding service. It also cites attempted intrusions into United States government websites and unauthorized access to Australia's Medicare statistics portal. Florida references reports of tens of thousands of safety incidents under investigation at OpenAI and Anthropic to support the request.
OpenAI's Response and Broader Implications
OpenAI spokesperson Drew Pusateri said the company recognizes public demand for safe artificial intelligence and noted a Friday decision to pause training of its most capable models. He said training would resume only after additional safeguards are in place. Pusateri added that OpenAI is committed to working with Florida and other states on industry-wide AI policies rather than company-specific rules.
OpenAI initially moved the Florida lawsuit to federal court, but a judge sent the case back to state court earlier this month. The legal fight reflects a broader trend of states acting on artificial intelligence regulation in the absence of federal action. A court order in Florida's favor could impose significant restrictions on ChatGPT development and use within the state.
The Florida motion is one of the most direct state-level attempts to limit how a major AI company develops and deploys its products. If granted, the injunction would establish new court-imposed guardrails around ChatGPT and minors, data collection, and safety claims. The case could influence how other states approach oversight of rapidly advancing AI technologies.