HB 1459 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1459-00
Page 1 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to artificial intelligence 2
transparency; creating s. 282.802, F.S.; creating the 3
Government Technology Modernization Council within the 4
Department of Management Services for a specified 5
purpose; providing for council membership, meetings, 6
and duties; requiring the council to submit specified 7
recommendations to the Legislature and specified 8
reports to the Governor and the Legislature by 9
specified dates; creating s. 501.174, F.S.; providing 10
definitions; requiring certain entities and persons t o 11
create safety and transparency standards for content, 12
images, and videos generated by artificial 13
intelligence; requiring disclosures for certain 14
communications, interactions, images, likenesses, and 15
content; providing that certain political 16
advertisements are subject to specified requirements 17
and enforcement; prohibiting entities and persons from 18
depicting a natural person's image or likeness in 19
certain artificial intelligence without the natural 20
person's consent; prohibiting the use of artificial 21
intelligence in the creation of obscene material under 22
certain conditions; providing applicability; requiring 23
certain state agencies to provide certain disclosures; 24
authorizing the Department of Legal Affairs to bring 25
HB 1459 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1459-00
Page 2 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
an action for violations under the Florida De ceptive 26
and Unfair Trade Practices Act; providing civil 27
penalties; providing that the act does not establish 28
private causes of action; providing that certain 29
entities and persons are subject to the jurisdiction 30
of state courts; authorizing the department t o adopt 31
rules; providing an effective date. 32
33
Be It Enacted by the Legislature of the State of Florida: 34
35
Section 1. Section 282.802, Florida Statutes, is created 36
to read: 37
282.802 Government Technology Modernization Council. — 38
(1) The Government T echnology Modernization Council, an 39
advisory council as defined in s. 20.03(7), is created within 40
the department. Except as otherwise provided in this section, 41
the advisory council shall operate in a manner consistent with 42
s. 20.052. 43
(2) The purpose of t he council is to study and monitor the 44
development and deployment of artificial intelligence systems 45
and provide reports on such systems to the Governor and the 46
Legislature. 47
(3) The council shall be comprised of the following 48
members: 49
(a) The Lieutenant Governor. 50
HB 1459 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1459-00
Page 3 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) The state chief information officer. 51
(c) The State Surgeon General. 52
(d) The Secretary of Health Care Administration. 53
(e) A representative of the computer crime center of the 54
Department of Law Enforcement, appointed by the executive 55
director of the Department of Law Enforcement. 56
(f) The Chief Inspector General. 57
(g) Thirteen representatives of institutions of higher 58
education located in this state or the private sector with 59
senior level experience or expertise in artificial intelli gence, 60
cloud computing, identity management, data science, machine 61
learning, government procurement, and constitutional law, with 62
seven appointed by the Governor, three appointed by the 63
President of the Senate, and three appointed by the Speaker of 64
the House of Representatives. 65
(h) One member of the Senate, appointed by the President 66
of the Senate or his or her designee. 67
(i) One member of the House of Representatives, appointed 68
by the Speaker of the House of Representatives or his or her 69
designee. 70
(4) Members shall serve for terms of 4 years, except that 71
sitting members of the Senate and the House of Representatives 72
shall serve terms that correspond with their terms of office. 73
For the purpose of providing staggered terms, the initial 74
appointments of members made by the Governor shall be for terms 75
HB 1459 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1459-00
Page 4 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of 2 years. A vacancy shall be filled for the remainder of the 76
unexpired term in the same manner as the initial appointment. 77
All members of the council are eligible for reappointment. 78
(5) The Secretary of Management Services, or his or her 79
designee, shall serve as the ex officio, nonvoting executive 80
director of the council. 81
(6) Members of the council shall serve without 82
compensation but are entitled to receive reimbursement for per 83
diem and travel expens es pursuant to s. 112.061. 84
(7) Members of the council shall maintain the confidential 85
and exempt status of information received in the performance of 86
their duties and responsibilities as members of the council. In 87
accordance with s. 112.313, a current or former member of the 88
council may not disclose or use information not available to the 89
general public and gained by reason of his or her official 90
position, except for information relating exclusively to 91
governmental practices, for his or her personal gain or benefit 92
or for the personal gain or benefit of any other person or 93
business entity. Members of the council shall sign an agreement 94
acknowledging the provisions of this subsection. 95
(8) The council shall meet at least quarterly to: 96
(a) Assess and prov ide guidance on necessary legislative 97
reforms and the creation of a state code of ethics for 98
artificial intelligence systems in state government. 99
(b) Assess the effect of automated decision systems on 100
HB 1459 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1459-00
Page 5 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
constitutional and other legal rights, duties, and pr ivileges of 101
residents of this state. 102
(c) Study the potential benefits, liabilities, and risks 103
that this state, residents of this state, and businesses may 104
incur as a result of implementing automated decision systems. 105
(d) Recommend legislative and admin istrative actions that 106
the Legislature and state agencies as defined in s. 282.318(2) 107
may take to promote the development of data modernization in 108
this state. 109
(e) Assess where artificial intelligence is deployed 110
today. 111
(f) Evaluate common standards for artificial intelligence 112
safety and security measures. 113
(g) Assess how governmental entities and the private 114
sector are using artificial intelligence with a focus on 115
opportunity areas for deployments in systems across this state. 116
(h) Determine how artif icial intelligence is being 117
exploited by bad actors, including foreign countries of concern 118
as defined in s. 287.138(1). 119
(9) By June 30, 2024, and each June 30 thereafter, the 120
council shall submit to the President of the Senate and the 121
Speaker of the House of Representatives any legislative 122
recommendations considered necessary by the council to modernize 123
government technology. 124
(10) By December 1, 2024, and each December 1 thereafter, 125
HB 1459 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1459-00
Page 6 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the council shall submit to the Governor, the President of the 126
Senate, and the Speaker of the House of Representatives a 127
comprehensive report that includes data, trends, analysis, 128
findings, and recommendations for state and local action 129
regarding ransomware incidents. At a minimum, the report must 130
include: 131
(a) A summary of recommendations by relevant national 132
entities on technology systems in state government, including, 133
but not limited to, artificial intelligence, cloud computing, 134
identity management, and financial technology. 135
(b) An assessment of the impact of using art ificial 136
intelligence systems on the liberty, finances, livelihood, and 137
privacy interests of residents of this state. 138
(c) Recommended policies necessary to: 139
1. Protect the privacy interests of residents of this 140
state from any decrease in employment caus ed by artificial 141
intelligence systems. 142
2. Ensure that residents of this state are free from 143
unfair discrimination caused or compounded by the employment of 144
artificial intelligence systems. 145
3. Promote the development and deployment of artificial 146
intelligence systems in this state. 147
(d) Any other information the council considers relevant. 148
Section 2. Section 501.174, Florida Statutes, is created 149
to read: 150
HB 1459 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1459-00
Page 7 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
501.174 Artificial intelligence transparency. — 151
(1) As used in this section, the term: 152
(a) "Artificial intelligence" means software that is 153
developed with machine -learning, logic and knowledge -based, or 154
statistical approaches and can, for a given set of human -defined 155
objectives, generate outputs such as content, predictions, 156
recommendations, or d ecisions influencing certain environments. 157
(b) "Department" means the Department of Legal Affairs. 158
(2) A for-profit entity or a person who produces or uses 159
artificial intelligence and makes such artificial intelligence 160
content available to the Florida public must create safety and 161
transparency standards, including, but not limited to, the use 162
of watermarks, to make it clear and conspicuous to consumers 163
when content is generated by artificial intelligence and to make 164
images or videos generated by artific ial intelligence 165
recognizable as such to other artificial intelligence. 166
(3) An entity or a person who uses artificial intelligence 167
must provide a clear and conspicuous statement: 168
(a) When a person in this state is communicating or 169
interacting with the entity or person through an artificial 170
intelligence mechanism. 171
(b) If a political advertisement uses an image, a 172
likeness, or content that has been generated by artificial 173
intelligence and synthetically or digitally manipulated to 174
convincingly portray a person as another person or as doing or 175
HB 1459 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1459-00
Page 8 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
saying something that was not actually done or said. Any such 176
advertisement is subject to requirements and enforcement actions 177
set forth by the Florida Elections Commission. 178
(4) An entity or a person may not depict a natural 179
person's image or likeness in any artificial intelligence 180
software, hardware, output, or content that is distributed to or 181
viewable by the public without the natural person's consent. 182
(5) Artificial intelligence may not be used in the 183
creation of obscene material if: 184
(a) The image or information of a minor is used. 185
(b) The biometric information of an identifiable minor is 186
used. 187
(c) It is created by a person who must register as a 188
sexual predator under s. 775.21(6). 189
(6) This section does not apply to: 190
(a) Use of an image or likeness for artificial 191
intelligence training purposes as long as the image or likeness 192
is not distributed to or viewable by the public. 193
(b) A person who doesn't have a legal expectation of 194
privacy as long as discl osure is provided pursuant to subsection 195
(3). 196
(7) Any state agency as defined in s. 282.318(2) that uses 197
artificial intelligence must disclose if a person is interacting 198
with artificial intelligence when interacting with the agency 199
and ensure that any co nfidential information accessible to an 200
HB 1459 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1459-00
Page 9 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
artificial intelligence system remains confidential. 201
(8)(a) Any violation of subsection (2), subsection (3), 202
subsection (4), or subsection (5) is an unfair and deceptive 203
trade practice actionable under part II of c hapter 501 solely by 204
the department. If the department has reason to believe that a 205
violation of this section has occurred, the department, as the 206
enforcing authority, may bring an action for an unfair or 207
deceptive act or practice. For the purpose of bring ing an action 208
pursuant to this section, ss. 501.211 and 501.212 do not apply. 209
In addition to other remedies under part II of chapter 501, the 210
department may collect a civil penalty of up to $50,000 per 211
violation of this section. 212
(b) This section does not establish a private cause of 213
action. 214
(9) For purposes of bringing an action pursuant to this 215
section, any entity or person who produces or uses artificial 216
intelligence that is distributed to or viewable by the public in 217
this state is considered to be bo th engaged in substantial and 218
not isolated activities within this state and operating, 219
conducting, engaging in, or carrying on a business, and doing 220
business in this state, and is therefore subject to the 221
jurisdiction of the courts of this state. 222
(10) The department may adopt rules to implement this 223
section. 224
Section 3. This act shall take effect July 1, 2024. 225