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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 advanced technology; creating s. 2
282.802, F.S.; creating the Government Technology 3
Modernization Council within the Department of 4
Management Services for a specified purpose; providing 5
for council membership, meetings, and duties; 6
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 to 11
create safety and transparency standards for 12
artificial intelligence content or technology; 13
requiring certain entities and persons to provide 14
certain statements; prohibiting a person or entity 15
from producing child pornography through artificial 16
intelligence; requiring ce rtain state agencies to 17
provide certain disclosures; authorizing the 18
Department of Legal Affairs to bring an action for 19
violations under the Florida Deceptive and Unfair 20
Trade Practices Act; providing civil penalties; 21
providing that the act does not establ ish private 22
causes of action; providing that certain entities and 23
persons are subject to the jurisdiction of state 24
courts; authorizing the department to adopt rules; 25
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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
amending ss. 775.0847 and 827.071, F.S.; revising the 26
definition of the term "child pornog raphy"; providing 27
an effective date. 28
29
Be It Enacted by the Legislature of the State of Florida: 30
31
Section 1. Section 282.802, Florida Statutes, is created 32
to read: 33
282.802 Government Technology Modernization Council. — 34
(1) The Government Technolo gy Modernization Council, an 35
advisory council as defined in s. 20.03(7), is created within 36
the department. Except as otherwise provided in this section, 37
the advisory council shall operate in a manner consistent with 38
s. 20.052. 39
(2) The purpose of the coun cil is to study and monitor the 40
development and deployment of artificial intelligence systems 41
and provide reports on such systems to the Governor and the 42
Legislature. 43
(3) The council shall be comprised of the following 44
members: 45
(a) The Lieutenant Gover nor. 46
(b) The state chief information officer. 47
(c) The State Surgeon General. 48
(d) The Secretary of Health Care Administration. 49
(e) A representative of the computer crime center of the 50
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Department of Law Enforcement, appointed by the executive 51
director of the Department of Law Enforcement. 52
(f) The Chief Inspector General. 53
(g) Thirteen representatives of institutions of higher 54
education located in this state or the private sector with 55
senior level experience or expertise in artificial intelligence, 56
cloud computing, identity management, data science, machine 57
learning, government procurement, and constitutional law, with 58
seven appointed by the Governor, three appointed by the 59
President of the Senate, and three appointed by the Speaker of 60
the House of Representatives. 61
(h) One member of the Senate, appointed by the President 62
of the Senate or his or her designee. 63
(i) One member of the House of Representatives, appointed 64
by the Speaker of the House of Representatives or his or her 65
designee. 66
(4) Members shall serve for terms of 4 years, except that 67
sitting members of the Senate and the House of Representatives 68
shall serve terms that correspond with their terms of office. 69
For the purpose of providing staggered terms, the initial 70
appointments of members made by the Governor shall be for terms 71
of 2 years. A vacancy shall be filled for the remainder of the 72
unexpired term in the same manner as the initial appointment. 73
All members of the council are eligible for reappointment. 74
(5) The Secretary of Mana gement Services, or his or her 75
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designee, shall serve as the ex officio, nonvoting executive 76
director of the council. 77
(6) Members of the council shall serve without 78
compensation but are entitled to receive reimbursement for per 79
diem and travel expenses pu rsuant to s. 112.061. 80
(7) Members of the council shall maintain the confidential 81
and exempt status of information received in the performance of 82
their duties and responsibilities as members of the council. In 83
accordance with s. 112.313, a current or form er member of the 84
council may not disclose or use information not available to the 85
general public and gained by reason of his or her official 86
position, except for information relating exclusively to 87
governmental practices, for his or her personal gain or be nefit 88
or for the personal gain or benefit of any other person or 89
business entity. Members of the council shall sign an agreement 90
acknowledging the provisions of this subsection. 91
(8) The council shall meet at least quarterly to: 92
(a) Assess and provide g uidance on necessary legislative 93
reforms and the creation of a state code of ethics for 94
artificial intelligence systems in state government. 95
(b) Assess the effect of automated decision systems on 96
constitutional and other legal rights, duties, and privile ges of 97
residents of this state. 98
(c) Study the potential benefits, liabilities, and risks 99
that this state, residents of this state, and businesses may 100
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incur as a result of implementing automated decision systems. 101
(d) Recommend legislative and administra tive actions that 102
the Legislature and state agencies as defined in s. 282.318(2) 103
may take to promote the development of data modernization in 104
this state. 105
(e) Assess where artificial intelligence is deployed 106
today. 107
(f) Evaluate common standards for arti ficial intelligence 108
safety and security measures. 109
(g) Assess how governmental entities and the private 110
sector are using artificial intelligence with a focus on 111
opportunity areas for deployments in systems across this state. 112
(h) Determine how artificial intelligence is being 113
exploited by bad actors, including foreign countries of concern 114
as defined in s. 287.138(1). 115
(9) By June 30, 2024, and each June 30 thereafter, the 116
council shall submit to the President of the Senate and the 117
Speaker of the House of Representatives any legislative 118
recommendations considered necessary by the council to modernize 119
government technology. 120
(10) By December 1, 2024, and each December 1 thereafter, 121
the council shall submit to the Governor, the President of the 122
Senate, and the Speaker of the House of Representatives a 123
comprehensive report that includes data, trends, analysis, 124
findings, and recommendations for state and local action 125
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regarding ransomware incidents. At a minimum, the report must 126
include: 127
(a) A summary of reco mmendations by relevant national 128
entities on technology systems in state government, including, 129
but not limited to, artificial intelligence, cloud computing, 130
identity management, and financial technology. 131
(b) An assessment of the impact of using artifici al 132
intelligence systems on the liberty, finances, livelihood, and 133
privacy interests of residents of this state. 134
(c) Recommended policies necessary to: 135
1. Protect the privacy interests of residents of this 136
state from any decrease in employment caused by artificial 137
intelligence systems. 138
2. Ensure that residents of this state are free from 139
unfair discrimination caused or compounded by the employment of 140
artificial intelligence systems. 141
3. Promote the development and deployment of artificial 142
intelligence systems in this state. 143
(d) Any other information the council considers relevant. 144
Section 2. Section 501.174, Florida Statutes, is created 145
to read: 146
501.174 Artificial intelligence transparency. — 147
(1) As used in this section, the term: 148
(a) "Artificial intelligence" means software that is 149
developed with machine -learning, logic and knowledge -based, or 150
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statistical approaches and can, for a given set of human -defined 151
objectives, generate or synthesize outputs such as content, 152
predictions, recommendati ons, or decisions influencing certain 153
environments. 154
(b) "Department" means the Department of Legal Affairs. 155
(2) An entity or person who produces or offers for use or 156
interaction artificial intelligence content or technology for a 157
commercial purpose, and makes such content or technology 158
available to the Florida public, must create safety and 159
transparency standards that: 160
(a) Alert consumers that such content or technology is 161
generated by artificial intelligence. 162
(b) Allow such content or technology to be recognizable as 163
generated by artificial intelligence to other artificial 164
intelligence. 165
(3) If a natural person in this state is able to 166
communicate or interact with an entity or person for commercial 167
purposes through an artificial intelligence mech anism, such 168
entity or person must provide a clear and conspicuous statement 169
on the entity's or person's Internet homepage or landing page 170
that such mechanism is generated by artificial intelligence. 171
(4) An entity or person may not knowingly produce, 172
generate, incorporate, or synthesize through artificial 173
intelligence child pornography as defined in s. 775.0847(1). 174
(5) Any state agency as defined in s. 282.318(2) which 175
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uses artificial intelligence must disclose if a person is 176
interacting with artificial intelligence when interacting with 177
the agency and ensure that any confidential information 178
accessible to an artificial intelligence system remains 179
confidential. 180
(6)(a) Any violation of subsection (2), subsection (3), or 181
subsection (4) is an unfair and de ceptive trade practice 182
actionable under part II of chapter 501 solely by the 183
department. If the department has reason to believe that a 184
violation of this section has occurred, the department, as the 185
enforcing authority, may bring an action for an unfair or 186
deceptive act or practice. For the purpose of bringing an action 187
pursuant to this section, ss. 501.211 and 501.212 do not apply. 188
In addition to other remedies under part II of chapter 501, the 189
department may collect a civil penalty of up to $50,000 per 190
violation of this section. 191
(b) This section does not establish a private cause of 192
action. 193
(7) For purposes of bringing an action pursuant to this 194
section, any entity or person who produces or uses artificial 195
intelligence that is distributed to or viewabl e by the public in 196
this state is considered to be both engaged in substantial and 197
not isolated activities within this state and operating, 198
conducting, engaging in, or carrying on a business, and doing 199
business in this state, and is therefore subject to the 200
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jurisdiction of the courts of this state. 201
(8) The department may adopt rules to implement this 202
section. 203
Section 3. Paragraph (b) of subsection (1) of section 204
775.0847, Florida Statutes, is amended to read: 205
775.0847 Possession or promotion of certa in images of 206
child pornography; reclassification. — 207
(1) For purposes of this section: 208
(b) "Child pornography" means: 209
1. Any image depicting a minor engaged in sexual conduct; 210
or 211
2. Any image that has been created, altered, adapted, or 212
modified by electronic, mechanical, or other means , to portray 213
an identifiable minor engaged in sexual conduct ; or 214
3. Any image or presentation produced, generated, 215
incorporated, or synthesized through artificial intelligence as 216
defined in s. 501.174 which uses an ima ge of an identifiable 217
minor to depict or portray a minor engaged in sexual conduct . 218
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For purposes of sentencing under chapter 921 and determining 220
incentive gain-time eligibility under chapter 944, a felony 221
offense that is reclassified under this section is ranked one 222
level above the ranking under s. 921.0022 or s. 921.0023 of the 223
offense committed. 224
Section 4. Paragraph (b) of subsection (1) of section 225
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827.071, Florida Statutes, is amended to read: 226
827.071 Sexual performance by a child; child pornograp hy; 227
penalties.— 228
(1) As used in this section, the following definitions 229
shall apply: 230
(b) "Child pornography" means: 231
1. Any image depicting a minor engaged in sexual conduct; 232
or 233
2. Any image that has been created, altered, adapted, or 234
modified by electronic, mechanical, or other means , to portray 235
an identifiable minor engaged in sexual conduct ; or 236
3. Any image or presentation produced, generated, 237
incorporated, or synthesized through artificial intelligence as 238
defined in s. 501.174 which uses an imag e of an identifiable 239
minor to depict or portray a minor engaged in sexual conduct . 240
Section 5. This act shall take effect July 1, 2024. 241