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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 annually submit specified 7
legislative recommendations to the Governor and 8
Legislature by a specified date; creating s. 501.174, 9
F.S.; providing definitions; requiring certain 10
entities and persons to adopt specified safety and 11
transparency standards for chatbots, images, audio, or 12
video generated by artificial intelligence; requiring 13
certain entities and persons to allow chatbots, 14
images, audio, or video generated by artificial 15
intelligence to be recognizable as such to other 16
artificial intelligence; requiring certain entities 17
and persons to provide specified statements for 18
communications or interactions generated by artificial 19
intelligence; requiring certain state agencies to 20
provide specified disclosures for interactions with 21
artificial intelligence; authorizing the Department of 22
Legal Affairs to bring actions for violations under 23
the Florida Deceptive and Unfair Trade Practices Act; 24
providing civil penalties; providing that the act does 25
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not establish private causes of action; providing th at 26
certain entities and persons are subject to the 27
jurisdiction of state courts; authorizing the 28
department to adopt rules; creating s. 827.072, F.S.; 29
providing definitions; prohibiting persons from 30
knowingly possessing, controlling, or intentionally 31
viewing, or intentionally creating generated child 32
pornography generated by electronic, mechanical, 33
artificial intelligence, or other computer -generated 34
means; providing applicability; authorizing the 35
department to bring actions for violations under the 36
Florida Deceptive and Unfair Trade Practices Act; 37
providing civil and criminal penalties; amending s. 38
92.561, F.S.; prohibiting the reproduction of 39
generated child pornography generated by electronic, 40
mechanical, artificial intelligence, or other 41
computer-generated means; providing an effective date. 42
43
Be It Enacted by the Legislature of the State of Florida: 44
45
Section 1. Section 282.802, Florida Statutes, is created 46
to read: 47
282.802 Government Technology Modernization Council. — 48
(1) The Government Techno logy Modernization Council, an 49
advisory council as defined in s. 20.03(7), is created within 50
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the department. Except as otherwise provided in this section, 51
the advisory council shall operate in a manner consistent with 52
s. 20.052. 53
(2) The purpose of the co uncil is to study and monitor the 54
development and deployment of new technologies and provide 55
reports on recommendations for procurement and regulation of 56
such systems to the Governor, the President of the Senate, and 57
the Speaker of the House of Representat ives. 58
(3) The council shall be comprised of the following 59
members: 60
(a) The Lieutenant Governor or his or her designee. 61
(b) The state chief information officer. 62
(c) The Secretary of Commerce or his or her designee. 63
(d) The Secretary of Health Care Administration or his or 64
her designee. 65
(e) The Commissioner of Education or his or her designee. 66
(f) The Secretary of Transportation or his or her 67
designee. 68
(g) The Executive Director of the Department of Law 69
Enforcement or his or her designee. 70
(h) Eight representatives with senior level experience or 71
expertise in artificial intelligence, cloud computing, identity 72
management, data science, machine learning, government 73
procurement, financial technology, education technology, and 74
constitutional law, with six appointed by the Governor, one 75
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appointed by the President of the Senate, and one appointed by 76
the Speaker of the House of Representatives. 77
(i) One member of the Senate, appointed by the President 78
of the Senate or his or her designee. 79
(j) One member of the House of Representatives, appointed 80
by the Speaker of the House of Representatives or his or her 81
designee. 82
(4) Members shall serve for terms of 4 years, except that 83
sitting members of the Senate and the House of Representatives 84
shall serve terms that correspond with their terms of office. 85
For the purpose of providing staggered terms, the initial 86
appointments of members made by the Governor shall be for terms 87
of 2 years. A vacancy shall be filled for the remainder of the 88
unexpired term in the same manner as the initial appointment. 89
All members of the council are eligible for reappointment. 90
(5) The Secretary of Management Services, or his or her 91
designee, shall serve as the ex officio, nonvoting executive 92
director of the council. 93
(6) Members of the council shall serve without 94
compensation but are entitled to receive reimbursement for per 95
diem and travel expenses pursuant to s. 112.061. 96
(7) Members of the council shall maintain the confidential 97
and exempt status of information received in the performance of 98
their duties and responsibilities as members of the council. In 99
accordance with s. 112.313, a current or former member of the 100
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council may not disclose or use information not available to the 101
general public and gained by reason of his or her official 102
position, except for information relating exclusively to 103
governmental practices, for his or her personal gain or benefit 104
or for the personal gain or benefit of any other person or 105
business entity. Members of the council shall sign an agreemen t 106
acknowledging the provisions of this subsection. 107
(8)(a) The council shall meet at least quarterly to: 108
1. Recommend legislative and administrative actions that 109
the Legislature and state agencies as defined in s. 282.318(2) 110
may take to promote the deve lopment of data modernization in 111
this state. 112
2. Assess and provide guidance on necessary legislative 113
reforms and the creation of a state code of ethics for 114
artificial intelligence systems in state government. 115
3. Assess the effect of automated decision systems or 116
identity management on constitutional and other legal rights, 117
duties, and privileges of residents of this state. 118
4. Evaluate common standards for artificial intelligence 119
safety and security measures, including the benefits of 120
requiring disclosure of the digital provenance for all images 121
and audio created using generative artificial intelligence as a 122
means of revealing the origin and edit of the image or audio, as 123
well as the best methods for such disclosure. 124
5. Assess how governmental entitie s and the private sector 125
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are using artificial intelligence with a focus on opportunity 126
areas for deployments in systems across this state. 127
6. Determine how artificial intelligence is being 128
exploited by bad actors, including foreign countries of concern 129
as defined in s. 287.138(1). 130
7. Evaluate the need for curriculum to prepare school -age 131
audiences with the digital media and visual literacy skills 132
needed to navigate the digital information landscape. 133
(b) At least one quarterly meeting of the council mu st be 134
a joint meeting with the Florida Cybersecurity Advisory Council.135
(9) By December 31, 2024, and each December 31 thereafter, 136
the council shall submit to the Governor, the President of the 137
Senate, and the Speaker of the House of Representatives any 138
legislative recommendations considered necessary by the council 139
to modernize government technology, including: 140
(a) Recommendations for policies necessary to: 141
1. Accelerate adoption of technologies that will increase 142
productivity of state enterprise infor mation technology systems, 143
improve customer service levels of government, and reduce 144
administrative or operating costs. 145
2. Promote the development and deployment of artificial 146
intelligence systems, financial technology, education 147
technology, or other ent erprise management software in this 148
state. 149
3. Protect Floridians from bad actors who use artificial 150
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intelligence. 151
(b) Any other information the council considers relevant. 152
Section 2. Section 501.174, Florida Statutes, is created 153
to read: 154
501.174 Artificial intelligence transparency. — 155
(1) As used in this section, the term: 156
(a) "Artificial intelligence" means software that is 157
developed with machine -learning, logic- and knowledge-based, or 158
statistical approaches and can, for a given set of human -defined 159
objectives, generate or synthesize outputs such as content, 160
predictions, recommendations, or decisions influencing certain 161
environments. 162
(b) "Department" means the Department of Legal Affairs. 163
(2) An entity or person who offers for viewing or 164
interaction a chatbot, image, audio, or video output generated 165
by artificial intelligence for a commercial purpose to the 166
Florida public in a manner where the public would reasonably 167
believe that such output is not generated using artificial 168
intelligence must adopt safety and transparency standards that 169
disclose to consumers that such chatbot, image, audio, or video 170
output is generated by artificial intelligence. 171
(3) An entity or person who develops a chatbot, image, 172
audio, or video generated by artificial intelligence must allow 173
such chatbot, image, audio, or video to be recognizable as 174
generated by artificial intelligence to other artificial 175
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intelligence. 176
(4) If a natural person in this state is able to 177
communicate or interact with an entity or person f or commercial 178
purposes through a chatbot, image, audio, or video generated by 179
artificial intelligence, such entity or person must provide a 180
clear and conspicuous statement on the entity's or person's 181
Internet homepage or landing page that such chatbot, ima ge, 182
audio, or video is generated by artificial intelligence. 183
(5) Any state agency as defined in s. 282.318(2) which 184
uses artificial intelligence must disclose if a person is 185
interacting with artificial intelligence when interacting with 186
the agency and ensure that any confidential information 187
accessible to an artificial intelligence system remains 188
confidential. 189
(6)(a) Any violation of subsection (2) or subsection (3) 190
is an unfair and deceptive trade practice actionable under part 191
II of this chapter sol ely by the department. If the department 192
has reason to believe that a violation of this section has 193
occurred, the department, as the enforcing authority, may bring 194
an action for an unfair or deceptive act or practice. For the 195
purpose of bringing an action pursuant to this section, ss. 196
501.211 and 501.212 do not apply. In addition to other remedies 197
under part II of this chapter, the department may collect a 198
civil penalty of up to $50,000 per violation of this section. 199
(b) This section does not establish a private cause of 200
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action. 201
(7) For purposes of bringing an action pursuant to this 202
section, any entity or person who produces or uses artificial 203
intelligence that is distributed to or viewable by the public in 204
this state is considered to be both engaged in substantial and 205
not isolated activities within this state and operating, 206
conducting, engaging in, or carrying on a business, and doing 207
business in this state, and is therefore subject to the 208
jurisdiction of the courts of this state. 209
(8) The department m ay adopt rules to implement this 210
section. 211
Section 3. Section 827.072, Florida Statutes, is created 212
to read: 213
827.072 Generated child pornography. — 214
(1) As used in this section, the term: 215
(a) "Artificial intelligence" means software that is 216
developed with machine-learning, logic- and knowledge-based, or 217
statistical approaches and can, for a given set of human -defined 218
objectives, generate or synthesize outputs such as content, 219
predictions, recommendations, or decisions influencing certain 220
environments. 221
(b) "Child" or "minor" means any person younger than 18 222
years of age. 223
(c) "Generated child pornography" means any image that has 224
been created, altered, adapted, modified, generated, or 225
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synthesized by electronic, mechanical, artificial intelligence, 226
or other computer-generated means to portray a fictitious minor 227
that a person viewing the image would reasonably believe is a 228
real minor engaged in sexual conduct. 229
(d) "Intentionally view" has the same meaning as in s. 230
827.071(1). 231
(e) "Sexual conduct" h as the same meaning as in s. 232
827.071(1). 233
(2)(a) It is unlawful for a person to knowingly possess, 234
control, or intentionally view a photograph, a motion picture, a 235
representation, an image, a data file, a computer depiction, or 236
any other presentation whic h, in whole or in part, he or she 237
knows includes generated child pornography. The possession, 238
control, or intentional viewing of each such photograph, motion 239
picture, representation, image, data file, computer depiction, 240
or other presentation is a separate offense. A person who 241
violates this paragraph commits a felony of the third degree, 242
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 243
(b) A person who intentionally creates generated child 244
pornography commits a felony of the third degree, punishable as 245
provided in s. 775.082, s. 775.083, or s. 775.084. 246
(c) Paragraph (a) does not apply to any material 247
possessed, controlled, or intentionally viewed as part of a law 248
enforcement investigation. 249
(3) In addition to the criminal penalties prov ided in this 250
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section, any violation of paragraph (2)(b) committed in the 251
conduct of any trade or commerce is an unfair and deceptive 252
trade practice actionable under part II of chapter 501 solely by 253
the Department of Legal Affairs. If the department has rea son to 254
believe that a violation of paragraph (2)(b) has occurred, the 255
department, as the enforcing authority, may bring an action for 256
an unfair or deceptive act or practice. For the purpose of 257
bringing an action pursuant to this subsection, s. 501.211 does 258
not apply. In addition to other remedies under part II of 259
chapter 501, the department may collect a civil penalty of up to 260
$50,000 per violation of paragraph (2)(b). 261
Section 4. Section 92.561, Florida Statutes, is amended to 262
read: 263
92.561 Prohibition on reproduction of child pornography. — 264
(1) In a criminal proceeding, any property or material 265
that portrays sexual performance by a child as defined in s. 266
827.071, constitutes generated child pornography as defined in 267
s. 827.072, or constitutes child po rnography as defined in s. 268
847.001, must remain secured or locked in the care, custody, and 269
control of a law enforcement agency, the state attorney, or the 270
court. 271
(2) Notwithstanding any law or rule of court, a court 272
shall deny, in a criminal proceeding, any request by the 273
defendant to copy, photograph, duplicate, or otherwise reproduce 274
any property or material that portrays sexual performance by a 275
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child, constitutes generated child pornography, or constitutes 276
child pornography so long as the state attorn ey makes the 277
property or material reasonably available to the defendant. 278
(3) For purposes of this section, property or material is 279
deemed to be reasonably available to the defendant if the state 280
attorney provides ample opportunity at a designated facilit y for 281
the inspection, viewing, and examination of the property or 282
material that portrays sexual performance by a child , 283
constitutes generated child pornography, or constitutes child 284
pornography by the defendant, his or her attorney, or any 285
individual whom the defendant uses as an expert during the 286
discovery process or at a court proceeding. 287
Section 5. This act shall take effect July 1, 2024. 288