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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 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
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pornography"; providing an effective date. 26
27
Be It Enacted by the Legislature of the State of Florida: 28
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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
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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
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(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
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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
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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
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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
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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
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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
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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
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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