CS/CS/HB 1459 2024 CODING: Words stricken are deletions; words underlined are additions. hb1459-02-c2 Page 1 of 10 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 reports to 7 the Governor and Legislature by specified dates; 8 creating s. 501.174, F.S.; providing definitions; 9 requiring certain entities and persons to create 10 safety and transparency standards for artificial 11 intelligence content or technology; requiring certain 12 entities and persons to provide certain statements; 13 prohibiting a person or entity from producing child 14 pornography through artificial intelligence; requiring 15 certain state agencies to provide certain disclosures; 16 authorizing the Department of Legal Affairs to bring 17 an action for violations under the Florida Deceptive 18 and Unfair Trade Practices Act; providing c ivil 19 penalties; providing that the act does not establish 20 private causes of action; providing that certain 21 entities and persons are subject to the jurisdiction 22 of state courts; authorizing the department to adopt 23 rules; amending ss. 775.0847 and 827.071, F .S.; 24 revising the definition of the term "child 25 CS/CS/HB 1459 2024 CODING: Words stricken are deletions; words underlined are additions. hb1459-02-c2 Page 2 of 10 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 pornography"; providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Section 282.802, Florida Statutes, is created 30 to read: 31 282.802 Government Technology Modernization Council. — 32 (1) The Government Technology Modernization Council, an 33 advisory council as defined in s. 20.03(7), is created within 34 the department. Except as otherwise provided in this section, 35 the advisory council shall operate in a manner co nsistent with 36 s. 20.052. 37 (2) The purpose of the council is to study and monitor the 38 development and deployment of new technologies and provide 39 reports on recommendations for procurement and regulation of 40 such systems to the Governor, the President of the Senate, and 41 the Speaker of the House of Representatives. 42 (3) The council shall be comprised of the following 43 members: 44 (a) The Lieutenant Governor. 45 (b) The state chief information officer. 46 (c) The Secretary of Commerce. 47 (d) The Secretary of Healt h Care Administration. 48 (e) The Commissioner of Education. 49 (f) Seven representatives with senior level experience or 50 CS/CS/HB 1459 2024 CODING: Words stricken are deletions; words underlined are additions. hb1459-02-c2 Page 3 of 10 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 expertise in artificial intelligence, cloud computing, identity 51 management, data science, machine learning, government 52 procurement, financial technology, education technology, and 53 constitutional law, with five appointed by the Governor, one 54 appointed by the President of the Senate, and one appointed by 55 the Speaker of the House of Representatives. 56 (g) One member of the Senate, appointed b y the President 57 of the Senate or his or her designee. 58 (h) One member of the House of Representatives, appointed 59 by the Speaker of the House of Representatives or his or her 60 designee. 61 (4) Members shall serve for terms of 4 years, except that 62 sitting members of the Senate and the House of Representatives 63 shall serve terms that correspond with their terms of office. 64 For the purpose of providing staggered terms, the initial 65 appointments of members made by the Governor shall be for terms 66 of 2 years. A vacancy shall be filled for the remainder of the 67 unexpired term in the same manner as the initial appointment. 68 All members of the council are eligible for reappointment. 69 (5) The Secretary of Management Services, or his or her 70 designee, shall serve a s the ex officio, nonvoting executive 71 director of the council. 72 (6) Members of the council shall serve without 73 compensation but are entitled to receive reimbursement for per 74 diem and travel expenses pursuant to s. 112.061. 75 CS/CS/HB 1459 2024 CODING: Words stricken are deletions; words underlined are additions. hb1459-02-c2 Page 4 of 10 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 (7) Members of the council sha ll maintain the confidential 76 and exempt status of information received in the performance of 77 their duties and responsibilities as members of the council. In 78 accordance with s. 112.313, a current or former member of the 79 council may not disclose or use infor mation not available to the 80 general public and gained by reason of his or her official 81 position, except for information relating exclusively to 82 governmental practices, for his or her personal gain or benefit 83 or for the personal gain or benefit of any other person or 84 business entity. Members of the council shall sign an agreement 85 acknowledging the provisions of this subsection. 86 (8)(a) The council shall meet at least quarterly to: 87 1. Recommend legislative and administrative actions that 88 the Legislature and state agencies as defined in s. 282.318(2) 89 may take to promote the development of data modernization in 90 this state. 91 2. Assess and provide guidance on necessary legislative 92 reforms and the creation of a state code of ethics for 93 artificial intelligence s ystems in state government. 94 3. Assess the effect of automated decision systems or 95 identity management on constitutional and other legal rights, 96 duties, and privileges of residents of this state. 97 4. Evaluate common standards for artificial intelligence 98 safety and security measures, including the benefits of 99 requiring disclosure of the digital provenance for all images 100 CS/CS/HB 1459 2024 CODING: Words stricken are deletions; words underlined are additions. hb1459-02-c2 Page 5 of 10 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 and audio created using generative artificial intelligence as a 101 means of revealing the origin and edit of the image or audio, as 102 well as the best methods for such disclosure. 103 5. Assess how governmental entities and the private sector 104 are using artificial intelligence with a focus on opportunity 105 areas for deployments in systems across this state. 106 6. Determine how artificial intelligence i s being 107 exploited by bad actors, including foreign countries of concern 108 as defined in s. 287.138(1). 109 7. Evaluate the need for curriculum to prepare school -age 110 audiences with the digital media and visual literacy skills 111 needed to navigate the digital info rmation landscape. 112 (b) At least one quarterly meeting of the council must be 113 a joint meeting with the Florida Cybersecurity Advisory Council.114 (9) By June 30, 2024, and each June 30 thereafter, the 115 council shall submit to the Governor, the President of t he 116 Senate, and the Speaker of the House of Representatives any 117 legislative recommendations considered necessary by the council 118 to modernize government technology, including: 119 (a) Recommendations for policies necessary to: 120 1. Accelerate adoption of techn ologies that will increase 121 productivity of state enterprise information technology systems, 122 improve customer service levels of government, and reduce 123 administrative or operating costs. 124 2. Promote the development and deployment of artificial 125 CS/CS/HB 1459 2024 CODING: Words stricken are deletions; words underlined are additions. hb1459-02-c2 Page 6 of 10 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 intelligence systems, financial technology, education 126 technology, or other enterprise management software in this 127 state. 128 3. Protect Floridians from bad actors who use artificial 129 intelligence. 130 (b) Any other information the council considers relevant. 131 Section 2. Section 501.174, Florida Statutes, is created 132 to read: 133 501.174 Artificial intelligence transparency. — 134 (1) As used in this section, the term: 135 (a) "Artificial intelligence" means software that is 136 developed with machine -learning, logic and knowledge -based, or 137 statistical approaches and can, for a given set of human -defined 138 objectives, generate or synthesize outputs such as content, 139 predictions, recommendations, or decisions influencing certain 140 environments. 141 (b) "Department" means the Department of Lega l Affairs. 142 (2) An entity or person who produces or offers for use or 143 interaction artificial intelligence content or technology for a 144 commercial purpose, and makes such content or technology 145 available to the Florida public, must create safety and 146 transparency standards that: 147 (a) Alert consumers that such content or technology is 148 generated by artificial intelligence. 149 (b) Allow such content or technology to be recognizable as 150 CS/CS/HB 1459 2024 CODING: Words stricken are deletions; words underlined are additions. hb1459-02-c2 Page 7 of 10 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 generated by artificial intelligence to other artificial 151 intelligence. 152 (3) If a natural person in this state is able to 153 communicate or interact with an entity or person for commercial 154 purposes through an artificial intelligence mechanism, such 155 entity or person must provide a clear and conspicuous statement 156 on the entity's or person 's Internet homepage or landing page 157 that such mechanism is generated by artificial intelligence. 158 (4) An entity or person may not knowingly produce, 159 generate, incorporate, or synthesize through artificial 160 intelligence child pornography as defined in s. 7 75.0847(1). 161 (5) Any state agency as defined in s. 282.318(2) which 162 uses artificial intelligence must disclose if a person is 163 interacting with artificial intelligence when interacting with 164 the agency and ensure that any confidential information 165 accessible to an artificial intelligence system remains 166 confidential. 167 (6)(a) Any violation of subsection (2), subsection (3), or 168 subsection (4) is an unfair and deceptive trade practice 169 actionable under part II of chapter 501 solely by the 170 department. If the department has reason to believe that a 171 violation of this section has occurred, the department, as the 172 enforcing authority, may bring an action for an unfair or 173 deceptive act or practice. For the purpose of bringing an action 174 pursuant to this section, ss. 501.211 and 501.212 do not apply. 175 CS/CS/HB 1459 2024 CODING: Words stricken are deletions; words underlined are additions. hb1459-02-c2 Page 8 of 10 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 In addition to other remedies under part II of chapter 501, the 176 department may collect a civil penalty of up to $50,000 per 177 violation of this section. 178 (b) This section does not establish a private cause of 179 action. 180 (7) For purposes of bringing an action pursuant to this 181 section, any entity or person who produces or uses artificial 182 intelligence that is distributed to or viewable by the public in 183 this state is considered to be both engaged in substantial and 184 not isolated activities within this state and operating, 185 conducting, engaging in, or carrying on a business, and doing 186 business in this state, and is therefore subject to the 187 jurisdiction of the courts of this state. 188 (8) The department may adopt rules to implemen t this 189 section. 190 Section 3. Paragraph (b) of subsection (1) of section 191 775.0847, Florida Statutes, is amended to read: 192 775.0847 Possession or promotion of certain images of 193 child pornography; reclassification. — 194 (1) For purposes of this section: 195 (b) "Child pornography" means: 196 1. Any image depicting a minor engaged in sexual conduct; 197 or 198 2. Any image that has been created, altered, adapted, or 199 modified by electronic, mechanical, or other means , to portray 200 CS/CS/HB 1459 2024 CODING: Words stricken are deletions; words underlined are additions. hb1459-02-c2 Page 9 of 10 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 identifiable minor engaged in sexual co nduct; or 201 3. Any image or presentation produced, generated, 202 incorporated, or synthesized through artificial intelligence as 203 defined in s. 501.174 which uses an image of an identifiable 204 minor to depict or portray a minor engaged in sexual conduct . 205 206 For purposes of sentencing under chapter 921 and determining 207 incentive gain-time eligibility under chapter 944, a felony 208 offense that is reclassified under this section is ranked one 209 level above the ranking under s. 921.0022 or s. 921.0023 of the 210 offense committed. 211 Section 4. Paragraph (b) of subsection (1) of section 212 827.071, Florida Statutes, is amended to read: 213 827.071 Sexual performance by a child; child pornography; 214 penalties.— 215 (1) As used in this section, the following definitions 216 shall apply: 217 (b) "Child pornography" means: 218 1. Any image depicting a minor engaged in sexual conduct; 219 or 220 2. Any image that has been created, altered, adapted, or 221 modified by electronic, mechanical, or other means , to portray 222 an identifiable minor engaged in sexual con duct; or 223 3. Any image or presentation produced, generated, 224 incorporated, or synthesized through artificial intelligence as 225 CS/CS/HB 1459 2024 CODING: Words stricken are deletions; words underlined are additions. hb1459-02-c2 Page 10 of 10 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 defined in s. 501.174 which uses an image of an identifiable 226 minor to depict or portray a minor engaged in sexual conduct . 227 Section 5. This act shall take effect July 1, 2024. 228