| 20 | | - | requiring the council to annually submit specified 7 |
|---|
| 21 | | - | legislative recommendations to the Governor and 8 |
|---|
| 22 | | - | Legislature by a specified date; creating s. 501.174, 9 |
|---|
| 23 | | - | F.S.; providing definitions; requiring certain 10 |
|---|
| 24 | | - | entities and persons to adopt specified safety and 11 |
|---|
| 25 | | - | transparency standards for chatbots, images, audio, or 12 |
|---|
| 26 | | - | video generated by artificial intelligence; requiring 13 |
|---|
| 27 | | - | certain entities and persons to allow chatbots, 14 |
|---|
| 28 | | - | images, audio, or video generated by artificial 15 |
|---|
| 29 | | - | intelligence to be recognizable as such to other 16 |
|---|
| 30 | | - | artificial intelligence; requiring certain entities 17 |
|---|
| 31 | | - | and persons to provide specified statements for 18 |
|---|
| 32 | | - | communications or interactions generated by artificial 19 |
|---|
| 33 | | - | intelligence; requiring certain state agencies to 20 |
|---|
| 34 | | - | provide specified disclosures for interactions with 21 |
|---|
| 35 | | - | artificial intelligence; authorizing the Department of 22 |
|---|
| 36 | | - | Legal Affairs to bring actions for violations under 23 |
|---|
| 37 | | - | the Florida Deceptive and Unfair Trade Practices Act; 24 |
|---|
| 38 | | - | providing civil penalties; providing that the act does 25 |
|---|
| 20 | + | requiring the council to submit specified reports to 7 |
|---|
| 21 | + | the Governor and Legislature by specified dates; 8 |
|---|
| 22 | + | creating s. 501.174, F.S.; providing definitions; 9 |
|---|
| 23 | + | requiring certain entities and persons to create 10 |
|---|
| 24 | + | safety and transparency standards for artificial 11 |
|---|
| 25 | + | intelligence content or technology; requiring certain 12 |
|---|
| 26 | + | entities and persons to provide certain statements; 13 |
|---|
| 27 | + | prohibiting a person or entity from producing child 14 |
|---|
| 28 | + | pornography through artificial intelligence; requiring 15 |
|---|
| 29 | + | certain state agencies to provide certain disclosures; 16 |
|---|
| 30 | + | authorizing the Department of Legal Affairs to bring 17 |
|---|
| 31 | + | an action for violations under the Florida Deceptive 18 |
|---|
| 32 | + | and Unfair Trade Practices Act; providing c ivil 19 |
|---|
| 33 | + | penalties; providing that the act does not establish 20 |
|---|
| 34 | + | private causes of action; providing that certain 21 |
|---|
| 35 | + | entities and persons are subject to the jurisdiction 22 |
|---|
| 36 | + | of state courts; authorizing the department to adopt 23 |
|---|
| 37 | + | rules; amending ss. 775.0847 and 827.071, F .S.; 24 |
|---|
| 38 | + | revising the definition of the term "child 25 |
|---|
| 51 | | - | not establish private causes of action; providing th at 26 |
|---|
| 52 | | - | certain entities and persons are subject to the 27 |
|---|
| 53 | | - | jurisdiction of state courts; authorizing the 28 |
|---|
| 54 | | - | department to adopt rules; creating s. 827.072, F.S.; 29 |
|---|
| 55 | | - | providing definitions; prohibiting persons from 30 |
|---|
| 56 | | - | knowingly possessing, controlling, or intentionally 31 |
|---|
| 57 | | - | viewing, or intentionally creating generated child 32 |
|---|
| 58 | | - | pornography generated by electronic, mechanical, 33 |
|---|
| 59 | | - | artificial intelligence, or other computer -generated 34 |
|---|
| 60 | | - | means; providing applicability; authorizing the 35 |
|---|
| 61 | | - | department to bring actions for violations under the 36 |
|---|
| 62 | | - | Florida Deceptive and Unfair Trade Practices Act; 37 |
|---|
| 63 | | - | providing civil and criminal penalties; amending s. 38 |
|---|
| 64 | | - | 92.561, F.S.; prohibiting the reproduction of 39 |
|---|
| 65 | | - | generated child pornography generated by electronic, 40 |
|---|
| 66 | | - | mechanical, artificial intelligence, or other 41 |
|---|
| 67 | | - | computer-generated means; providing an effective date. 42 |
|---|
| 68 | | - | 43 |
|---|
| 69 | | - | Be It Enacted by the Legislature of the State of Florida: 44 |
|---|
| 70 | | - | 45 |
|---|
| 71 | | - | Section 1. Section 282.802, Florida Statutes, is created 46 |
|---|
| 72 | | - | to read: 47 |
|---|
| 73 | | - | 282.802 Government Technology Modernization Council. — 48 |
|---|
| 74 | | - | (1) The Government Techno logy Modernization Council, an 49 |
|---|
| 75 | | - | advisory council as defined in s. 20.03(7), is created within 50 |
|---|
| 51 | + | pornography"; providing an effective date. 26 |
|---|
| 52 | + | 27 |
|---|
| 53 | + | Be It Enacted by the Legislature of the State of Florida: 28 |
|---|
| 54 | + | 29 |
|---|
| 55 | + | Section 1. Section 282.802, Florida Statutes, is created 30 |
|---|
| 56 | + | to read: 31 |
|---|
| 57 | + | 282.802 Government Technology Modernization Council. — 32 |
|---|
| 58 | + | (1) The Government Technology Modernization Council, an 33 |
|---|
| 59 | + | advisory council as defined in s. 20.03(7), is created within 34 |
|---|
| 60 | + | the department. Except as otherwise provided in this section, 35 |
|---|
| 61 | + | the advisory council shall operate in a manner co nsistent with 36 |
|---|
| 62 | + | s. 20.052. 37 |
|---|
| 63 | + | (2) The purpose of the council is to study and monitor the 38 |
|---|
| 64 | + | development and deployment of new technologies and provide 39 |
|---|
| 65 | + | reports on recommendations for procurement and regulation of 40 |
|---|
| 66 | + | such systems to the Governor, the President of the Senate, and 41 |
|---|
| 67 | + | the Speaker of the House of Representatives. 42 |
|---|
| 68 | + | (3) The council shall be comprised of the following 43 |
|---|
| 69 | + | members: 44 |
|---|
| 70 | + | (a) The Lieutenant Governor. 45 |
|---|
| 71 | + | (b) The state chief information officer. 46 |
|---|
| 72 | + | (c) The Secretary of Commerce. 47 |
|---|
| 73 | + | (d) The Secretary of Healt h Care Administration. 48 |
|---|
| 74 | + | (e) The Commissioner of Education. 49 |
|---|
| 75 | + | (f) Seven representatives with senior level experience or 50 |
|---|
| 88 | | - | the department. Except as otherwise provided in this section, 51 |
|---|
| 89 | | - | the advisory council shall operate in a manner consistent with 52 |
|---|
| 90 | | - | s. 20.052. 53 |
|---|
| 91 | | - | (2) The purpose of the co uncil is to study and monitor the 54 |
|---|
| 92 | | - | development and deployment of new technologies and provide 55 |
|---|
| 93 | | - | reports on recommendations for procurement and regulation of 56 |
|---|
| 94 | | - | such systems to the Governor, the President of the Senate, and 57 |
|---|
| 95 | | - | the Speaker of the House of Representat ives. 58 |
|---|
| 96 | | - | (3) The council shall be comprised of the following 59 |
|---|
| 97 | | - | members: 60 |
|---|
| 98 | | - | (a) The Lieutenant Governor or his or her designee. 61 |
|---|
| 99 | | - | (b) The state chief information officer. 62 |
|---|
| 100 | | - | (c) The Secretary of Commerce or his or her designee. 63 |
|---|
| 101 | | - | (d) The Secretary of Health Care Administration or his or 64 |
|---|
| 102 | | - | her designee. 65 |
|---|
| 103 | | - | (e) The Commissioner of Education or his or her designee. 66 |
|---|
| 104 | | - | (f) The Secretary of Transportation or his or her 67 |
|---|
| 105 | | - | designee. 68 |
|---|
| 106 | | - | (g) The Executive Director of the Department of Law 69 |
|---|
| 107 | | - | Enforcement or his or her designee. 70 |
|---|
| 108 | | - | (h) Eight representatives with senior level experience or 71 |
|---|
| 109 | | - | expertise in artificial intelligence, cloud computing, identity 72 |
|---|
| 110 | | - | management, data science, machine learning, government 73 |
|---|
| 111 | | - | procurement, financial technology, education technology, and 74 |
|---|
| 112 | | - | constitutional law, with six appointed by the Governor, one 75 |
|---|
| 88 | + | expertise in artificial intelligence, cloud computing, identity 51 |
|---|
| 89 | + | management, data science, machine learning, government 52 |
|---|
| 90 | + | procurement, financial technology, education technology, and 53 |
|---|
| 91 | + | constitutional law, with five appointed by the Governor, one 54 |
|---|
| 92 | + | appointed by the President of the Senate, and one appointed by 55 |
|---|
| 93 | + | the Speaker of the House of Representatives. 56 |
|---|
| 94 | + | (g) One member of the Senate, appointed b y the President 57 |
|---|
| 95 | + | of the Senate or his or her designee. 58 |
|---|
| 96 | + | (h) One member of the House of Representatives, appointed 59 |
|---|
| 97 | + | by the Speaker of the House of Representatives or his or her 60 |
|---|
| 98 | + | designee. 61 |
|---|
| 99 | + | (4) Members shall serve for terms of 4 years, except that 62 |
|---|
| 100 | + | sitting members of the Senate and the House of Representatives 63 |
|---|
| 101 | + | shall serve terms that correspond with their terms of office. 64 |
|---|
| 102 | + | For the purpose of providing staggered terms, the initial 65 |
|---|
| 103 | + | appointments of members made by the Governor shall be for terms 66 |
|---|
| 104 | + | of 2 years. A vacancy shall be filled for the remainder of the 67 |
|---|
| 105 | + | unexpired term in the same manner as the initial appointment. 68 |
|---|
| 106 | + | All members of the council are eligible for reappointment. 69 |
|---|
| 107 | + | (5) The Secretary of Management Services, or his or her 70 |
|---|
| 108 | + | designee, shall serve a s the ex officio, nonvoting executive 71 |
|---|
| 109 | + | director of the council. 72 |
|---|
| 110 | + | (6) Members of the council shall serve without 73 |
|---|
| 111 | + | compensation but are entitled to receive reimbursement for per 74 |
|---|
| 112 | + | diem and travel expenses pursuant to s. 112.061. 75 |
|---|
| 125 | | - | appointed by the President of the Senate, and one appointed by 76 |
|---|
| 126 | | - | the Speaker of the House of Representatives. 77 |
|---|
| 127 | | - | (i) One member of the Senate, appointed by the President 78 |
|---|
| 128 | | - | of the Senate or his or her designee. 79 |
|---|
| 129 | | - | (j) One member of the House of Representatives, appointed 80 |
|---|
| 130 | | - | by the Speaker of the House of Representatives or his or her 81 |
|---|
| 131 | | - | designee. 82 |
|---|
| 132 | | - | (4) Members shall serve for terms of 4 years, except that 83 |
|---|
| 133 | | - | sitting members of the Senate and the House of Representatives 84 |
|---|
| 134 | | - | shall serve terms that correspond with their terms of office. 85 |
|---|
| 135 | | - | For the purpose of providing staggered terms, the initial 86 |
|---|
| 136 | | - | appointments of members made by the Governor shall be for terms 87 |
|---|
| 137 | | - | of 2 years. A vacancy shall be filled for the remainder of the 88 |
|---|
| 138 | | - | unexpired term in the same manner as the initial appointment. 89 |
|---|
| 139 | | - | All members of the council are eligible for reappointment. 90 |
|---|
| 140 | | - | (5) The Secretary of Management Services, or his or her 91 |
|---|
| 141 | | - | designee, shall serve as the ex officio, nonvoting executive 92 |
|---|
| 142 | | - | director of the council. 93 |
|---|
| 143 | | - | (6) Members of the council shall serve without 94 |
|---|
| 144 | | - | compensation but are entitled to receive reimbursement for per 95 |
|---|
| 145 | | - | diem and travel expenses pursuant to s. 112.061. 96 |
|---|
| 146 | | - | (7) Members of the council shall maintain the confidential 97 |
|---|
| 147 | | - | and exempt status of information received in the performance of 98 |
|---|
| 148 | | - | their duties and responsibilities as members of the council. In 99 |
|---|
| 149 | | - | accordance with s. 112.313, a current or former member of the 100 |
|---|
| 125 | + | (7) Members of the council sha ll maintain the confidential 76 |
|---|
| 126 | + | and exempt status of information received in the performance of 77 |
|---|
| 127 | + | their duties and responsibilities as members of the council. In 78 |
|---|
| 128 | + | accordance with s. 112.313, a current or former member of the 79 |
|---|
| 129 | + | council may not disclose or use infor mation not available to the 80 |
|---|
| 130 | + | general public and gained by reason of his or her official 81 |
|---|
| 131 | + | position, except for information relating exclusively to 82 |
|---|
| 132 | + | governmental practices, for his or her personal gain or benefit 83 |
|---|
| 133 | + | or for the personal gain or benefit of any other person or 84 |
|---|
| 134 | + | business entity. Members of the council shall sign an agreement 85 |
|---|
| 135 | + | acknowledging the provisions of this subsection. 86 |
|---|
| 136 | + | (8)(a) The council shall meet at least quarterly to: 87 |
|---|
| 137 | + | 1. Recommend legislative and administrative actions that 88 |
|---|
| 138 | + | the Legislature and state agencies as defined in s. 282.318(2) 89 |
|---|
| 139 | + | may take to promote the development of data modernization in 90 |
|---|
| 140 | + | this state. 91 |
|---|
| 141 | + | 2. Assess and provide guidance on necessary legislative 92 |
|---|
| 142 | + | reforms and the creation of a state code of ethics for 93 |
|---|
| 143 | + | artificial intelligence s ystems in state government. 94 |
|---|
| 144 | + | 3. Assess the effect of automated decision systems or 95 |
|---|
| 145 | + | identity management on constitutional and other legal rights, 96 |
|---|
| 146 | + | duties, and privileges of residents of this state. 97 |
|---|
| 147 | + | 4. Evaluate common standards for artificial intelligence 98 |
|---|
| 148 | + | safety and security measures, including the benefits of 99 |
|---|
| 149 | + | requiring disclosure of the digital provenance for all images 100 |
|---|
| 162 | | - | council may not disclose or use information not available to the 101 |
|---|
| 163 | | - | general public and gained by reason of his or her official 102 |
|---|
| 164 | | - | position, except for information relating exclusively to 103 |
|---|
| 165 | | - | governmental practices, for his or her personal gain or benefit 104 |
|---|
| 166 | | - | or for the personal gain or benefit of any other person or 105 |
|---|
| 167 | | - | business entity. Members of the council shall sign an agreemen t 106 |
|---|
| 168 | | - | acknowledging the provisions of this subsection. 107 |
|---|
| 169 | | - | (8)(a) The council shall meet at least quarterly to: 108 |
|---|
| 170 | | - | 1. Recommend legislative and administrative actions that 109 |
|---|
| 171 | | - | the Legislature and state agencies as defined in s. 282.318(2) 110 |
|---|
| 172 | | - | may take to promote the deve lopment of data modernization in 111 |
|---|
| 173 | | - | this state. 112 |
|---|
| 174 | | - | 2. Assess and provide guidance on necessary legislative 113 |
|---|
| 175 | | - | reforms and the creation of a state code of ethics for 114 |
|---|
| 176 | | - | artificial intelligence systems in state government. 115 |
|---|
| 177 | | - | 3. Assess the effect of automated decision systems or 116 |
|---|
| 178 | | - | identity management on constitutional and other legal rights, 117 |
|---|
| 179 | | - | duties, and privileges of residents of this state. 118 |
|---|
| 180 | | - | 4. Evaluate common standards for artificial intelligence 119 |
|---|
| 181 | | - | safety and security measures, including the benefits of 120 |
|---|
| 182 | | - | requiring disclosure of the digital provenance for all images 121 |
|---|
| 183 | | - | and audio created using generative artificial intelligence as a 122 |
|---|
| 184 | | - | means of revealing the origin and edit of the image or audio, as 123 |
|---|
| 185 | | - | well as the best methods for such disclosure. 124 |
|---|
| 186 | | - | 5. Assess how governmental entitie s and the private sector 125 |
|---|
| 162 | + | and audio created using generative artificial intelligence as a 101 |
|---|
| 163 | + | means of revealing the origin and edit of the image or audio, as 102 |
|---|
| 164 | + | well as the best methods for such disclosure. 103 |
|---|
| 165 | + | 5. Assess how governmental entities and the private sector 104 |
|---|
| 166 | + | are using artificial intelligence with a focus on opportunity 105 |
|---|
| 167 | + | areas for deployments in systems across this state. 106 |
|---|
| 168 | + | 6. Determine how artificial intelligence i s being 107 |
|---|
| 169 | + | exploited by bad actors, including foreign countries of concern 108 |
|---|
| 170 | + | as defined in s. 287.138(1). 109 |
|---|
| 171 | + | 7. Evaluate the need for curriculum to prepare school -age 110 |
|---|
| 172 | + | audiences with the digital media and visual literacy skills 111 |
|---|
| 173 | + | needed to navigate the digital info rmation landscape. 112 |
|---|
| 174 | + | (b) At least one quarterly meeting of the council must be 113 |
|---|
| 175 | + | a joint meeting with the Florida Cybersecurity Advisory Council.114 |
|---|
| 176 | + | (9) By June 30, 2024, and each June 30 thereafter, the 115 |
|---|
| 177 | + | council shall submit to the Governor, the President of t he 116 |
|---|
| 178 | + | Senate, and the Speaker of the House of Representatives any 117 |
|---|
| 179 | + | legislative recommendations considered necessary by the council 118 |
|---|
| 180 | + | to modernize government technology, including: 119 |
|---|
| 181 | + | (a) Recommendations for policies necessary to: 120 |
|---|
| 182 | + | 1. Accelerate adoption of techn ologies that will increase 121 |
|---|
| 183 | + | productivity of state enterprise information technology systems, 122 |
|---|
| 184 | + | improve customer service levels of government, and reduce 123 |
|---|
| 185 | + | administrative or operating costs. 124 |
|---|
| 186 | + | 2. Promote the development and deployment of artificial 125 |
|---|
| 199 | | - | are using artificial intelligence with a focus on opportunity 126 |
|---|
| 200 | | - | areas for deployments in systems across this state. 127 |
|---|
| 201 | | - | 6. Determine how artificial intelligence is being 128 |
|---|
| 202 | | - | exploited by bad actors, including foreign countries of concern 129 |
|---|
| 203 | | - | as defined in s. 287.138(1). 130 |
|---|
| 204 | | - | 7. Evaluate the need for curriculum to prepare school -age 131 |
|---|
| 205 | | - | audiences with the digital media and visual literacy skills 132 |
|---|
| 206 | | - | needed to navigate the digital information landscape. 133 |
|---|
| 207 | | - | (b) At least one quarterly meeting of the council mu st be 134 |
|---|
| 208 | | - | a joint meeting with the Florida Cybersecurity Advisory Council.135 |
|---|
| 209 | | - | (9) By December 31, 2024, and each December 31 thereafter, 136 |
|---|
| 210 | | - | the council shall submit to the Governor, the President of the 137 |
|---|
| 211 | | - | Senate, and the Speaker of the House of Representatives any 138 |
|---|
| 212 | | - | legislative recommendations considered necessary by the council 139 |
|---|
| 213 | | - | to modernize government technology, including: 140 |
|---|
| 214 | | - | (a) Recommendations for policies necessary to: 141 |
|---|
| 215 | | - | 1. Accelerate adoption of technologies that will increase 142 |
|---|
| 216 | | - | productivity of state enterprise infor mation technology systems, 143 |
|---|
| 217 | | - | improve customer service levels of government, and reduce 144 |
|---|
| 218 | | - | administrative or operating costs. 145 |
|---|
| 219 | | - | 2. Promote the development and deployment of artificial 146 |
|---|
| 220 | | - | intelligence systems, financial technology, education 147 |
|---|
| 221 | | - | technology, or other ent erprise management software in this 148 |
|---|
| 222 | | - | state. 149 |
|---|
| 223 | | - | 3. Protect Floridians from bad actors who use artificial 150 |
|---|
| 199 | + | intelligence systems, financial technology, education 126 |
|---|
| 200 | + | technology, or other enterprise management software in this 127 |
|---|
| 201 | + | state. 128 |
|---|
| 202 | + | 3. Protect Floridians from bad actors who use artificial 129 |
|---|
| 203 | + | intelligence. 130 |
|---|
| 204 | + | (b) Any other information the council considers relevant. 131 |
|---|
| 205 | + | Section 2. Section 501.174, Florida Statutes, is created 132 |
|---|
| 206 | + | to read: 133 |
|---|
| 207 | + | 501.174 Artificial intelligence transparency. — 134 |
|---|
| 208 | + | (1) As used in this section, the term: 135 |
|---|
| 209 | + | (a) "Artificial intelligence" means software that is 136 |
|---|
| 210 | + | developed with machine -learning, logic and knowledge -based, or 137 |
|---|
| 211 | + | statistical approaches and can, for a given set of human -defined 138 |
|---|
| 212 | + | objectives, generate or synthesize outputs such as content, 139 |
|---|
| 213 | + | predictions, recommendations, or decisions influencing certain 140 |
|---|
| 214 | + | environments. 141 |
|---|
| 215 | + | (b) "Department" means the Department of Lega l Affairs. 142 |
|---|
| 216 | + | (2) An entity or person who produces or offers for use or 143 |
|---|
| 217 | + | interaction artificial intelligence content or technology for a 144 |
|---|
| 218 | + | commercial purpose, and makes such content or technology 145 |
|---|
| 219 | + | available to the Florida public, must create safety and 146 |
|---|
| 220 | + | transparency standards that: 147 |
|---|
| 221 | + | (a) Alert consumers that such content or technology is 148 |
|---|
| 222 | + | generated by artificial intelligence. 149 |
|---|
| 223 | + | (b) Allow such content or technology to be recognizable as 150 |
|---|
| 236 | | - | intelligence. 151 |
|---|
| 237 | | - | (b) Any other information the council considers relevant. 152 |
|---|
| 238 | | - | Section 2. Section 501.174, Florida Statutes, is created 153 |
|---|
| 239 | | - | to read: 154 |
|---|
| 240 | | - | 501.174 Artificial intelligence transparency. — 155 |
|---|
| 241 | | - | (1) As used in this section, the term: 156 |
|---|
| 242 | | - | (a) "Artificial intelligence" means software that is 157 |
|---|
| 243 | | - | developed with machine -learning, logic- and knowledge-based, or 158 |
|---|
| 244 | | - | statistical approaches and can, for a given set of human -defined 159 |
|---|
| 245 | | - | objectives, generate or synthesize outputs such as content, 160 |
|---|
| 246 | | - | predictions, recommendations, or decisions influencing certain 161 |
|---|
| 247 | | - | environments. 162 |
|---|
| 248 | | - | (b) "Department" means the Department of Legal Affairs. 163 |
|---|
| 249 | | - | (2) An entity or person who offers for viewing or 164 |
|---|
| 250 | | - | interaction a chatbot, image, audio, or video output generated 165 |
|---|
| 251 | | - | by artificial intelligence for a commercial purpose to the 166 |
|---|
| 252 | | - | Florida public in a manner where the public would reasonably 167 |
|---|
| 253 | | - | believe that such output is not generated using artificial 168 |
|---|
| 254 | | - | intelligence must adopt safety and transparency standards that 169 |
|---|
| 255 | | - | disclose to consumers that such chatbot, image, audio, or video 170 |
|---|
| 256 | | - | output is generated by artificial intelligence. 171 |
|---|
| 257 | | - | (3) An entity or person who develops a chatbot, image, 172 |
|---|
| 258 | | - | audio, or video generated by artificial intelligence must allow 173 |
|---|
| 259 | | - | such chatbot, image, audio, or video to be recognizable as 174 |
|---|
| 260 | | - | generated by artificial intelligence to other artificial 175 |
|---|
| 236 | + | generated by artificial intelligence to other artificial 151 |
|---|
| 237 | + | intelligence. 152 |
|---|
| 238 | + | (3) If a natural person in this state is able to 153 |
|---|
| 239 | + | communicate or interact with an entity or person for commercial 154 |
|---|
| 240 | + | purposes through an artificial intelligence mechanism, such 155 |
|---|
| 241 | + | entity or person must provide a clear and conspicuous statement 156 |
|---|
| 242 | + | on the entity's or person 's Internet homepage or landing page 157 |
|---|
| 243 | + | that such mechanism is generated by artificial intelligence. 158 |
|---|
| 244 | + | (4) An entity or person may not knowingly produce, 159 |
|---|
| 245 | + | generate, incorporate, or synthesize through artificial 160 |
|---|
| 246 | + | intelligence child pornography as defined in s. 7 75.0847(1). 161 |
|---|
| 247 | + | (5) Any state agency as defined in s. 282.318(2) which 162 |
|---|
| 248 | + | uses artificial intelligence must disclose if a person is 163 |
|---|
| 249 | + | interacting with artificial intelligence when interacting with 164 |
|---|
| 250 | + | the agency and ensure that any confidential information 165 |
|---|
| 251 | + | accessible to an artificial intelligence system remains 166 |
|---|
| 252 | + | confidential. 167 |
|---|
| 253 | + | (6)(a) Any violation of subsection (2), subsection (3), or 168 |
|---|
| 254 | + | subsection (4) is an unfair and deceptive trade practice 169 |
|---|
| 255 | + | actionable under part II of chapter 501 solely by the 170 |
|---|
| 256 | + | department. If the department has reason to believe that a 171 |
|---|
| 257 | + | violation of this section has occurred, the department, as the 172 |
|---|
| 258 | + | enforcing authority, may bring an action for an unfair or 173 |
|---|
| 259 | + | deceptive act or practice. For the purpose of bringing an action 174 |
|---|
| 260 | + | pursuant to this section, ss. 501.211 and 501.212 do not apply. 175 |
|---|
| 273 | | - | intelligence. 176 |
|---|
| 274 | | - | (4) If a natural person in this state is able to 177 |
|---|
| 275 | | - | communicate or interact with an entity or person f or commercial 178 |
|---|
| 276 | | - | purposes through a chatbot, image, audio, or video generated by 179 |
|---|
| 277 | | - | artificial intelligence, such entity or person must provide a 180 |
|---|
| 278 | | - | clear and conspicuous statement on the entity's or person's 181 |
|---|
| 279 | | - | Internet homepage or landing page that such chatbot, ima ge, 182 |
|---|
| 280 | | - | audio, or video is generated by artificial intelligence. 183 |
|---|
| 281 | | - | (5) Any state agency as defined in s. 282.318(2) which 184 |
|---|
| 282 | | - | uses artificial intelligence must disclose if a person is 185 |
|---|
| 283 | | - | interacting with artificial intelligence when interacting with 186 |
|---|
| 284 | | - | the agency and ensure that any confidential information 187 |
|---|
| 285 | | - | accessible to an artificial intelligence system remains 188 |
|---|
| 286 | | - | confidential. 189 |
|---|
| 287 | | - | (6)(a) Any violation of subsection (2) or subsection (3) 190 |
|---|
| 288 | | - | is an unfair and deceptive trade practice actionable under part 191 |
|---|
| 289 | | - | II of this chapter sol ely by the department. If the department 192 |
|---|
| 290 | | - | has reason to believe that a violation of this section has 193 |
|---|
| 291 | | - | occurred, the department, as the enforcing authority, may bring 194 |
|---|
| 292 | | - | an action for an unfair or deceptive act or practice. For the 195 |
|---|
| 293 | | - | purpose of bringing an action pursuant to this section, ss. 196 |
|---|
| 294 | | - | 501.211 and 501.212 do not apply. In addition to other remedies 197 |
|---|
| 295 | | - | under part II of this chapter, the department may collect a 198 |
|---|
| 296 | | - | civil penalty of up to $50,000 per violation of this section. 199 |
|---|
| 297 | | - | (b) This section does not establish a private cause of 200 |
|---|
| 273 | + | In addition to other remedies under part II of chapter 501, the 176 |
|---|
| 274 | + | department may collect a civil penalty of up to $50,000 per 177 |
|---|
| 275 | + | violation of this section. 178 |
|---|
| 276 | + | (b) This section does not establish a private cause of 179 |
|---|
| 277 | + | action. 180 |
|---|
| 278 | + | (7) For purposes of bringing an action pursuant to this 181 |
|---|
| 279 | + | section, any entity or person who produces or uses artificial 182 |
|---|
| 280 | + | intelligence that is distributed to or viewable by the public in 183 |
|---|
| 281 | + | this state is considered to be both engaged in substantial and 184 |
|---|
| 282 | + | not isolated activities within this state and operating, 185 |
|---|
| 283 | + | conducting, engaging in, or carrying on a business, and doing 186 |
|---|
| 284 | + | business in this state, and is therefore subject to the 187 |
|---|
| 285 | + | jurisdiction of the courts of this state. 188 |
|---|
| 286 | + | (8) The department may adopt rules to implemen t this 189 |
|---|
| 287 | + | section. 190 |
|---|
| 288 | + | Section 3. Paragraph (b) of subsection (1) of section 191 |
|---|
| 289 | + | 775.0847, Florida Statutes, is amended to read: 192 |
|---|
| 290 | + | 775.0847 Possession or promotion of certain images of 193 |
|---|
| 291 | + | child pornography; reclassification. — 194 |
|---|
| 292 | + | (1) For purposes of this section: 195 |
|---|
| 293 | + | (b) "Child pornography" means: 196 |
|---|
| 294 | + | 1. Any image depicting a minor engaged in sexual conduct; 197 |
|---|
| 295 | + | or 198 |
|---|
| 296 | + | 2. Any image that has been created, altered, adapted, or 199 |
|---|
| 297 | + | modified by electronic, mechanical, or other means , to portray 200 |
|---|
| 310 | | - | action. 201 |
|---|
| 311 | | - | (7) For purposes of bringing an action pursuant to this 202 |
|---|
| 312 | | - | section, any entity or person who produces or uses artificial 203 |
|---|
| 313 | | - | intelligence that is distributed to or viewable by the public in 204 |
|---|
| 314 | | - | this state is considered to be both engaged in substantial and 205 |
|---|
| 315 | | - | not isolated activities within this state and operating, 206 |
|---|
| 316 | | - | conducting, engaging in, or carrying on a business, and doing 207 |
|---|
| 317 | | - | business in this state, and is therefore subject to the 208 |
|---|
| 318 | | - | jurisdiction of the courts of this state. 209 |
|---|
| 319 | | - | (8) The department m ay adopt rules to implement this 210 |
|---|
| 320 | | - | section. 211 |
|---|
| 321 | | - | Section 3. Section 827.072, Florida Statutes, is created 212 |
|---|
| 322 | | - | to read: 213 |
|---|
| 323 | | - | 827.072 Generated child pornography. — 214 |
|---|
| 324 | | - | (1) As used in this section, the term: 215 |
|---|
| 325 | | - | (a) "Artificial intelligence" means software that is 216 |
|---|
| 326 | | - | developed with machine-learning, logic- and knowledge-based, or 217 |
|---|
| 327 | | - | statistical approaches and can, for a given set of human -defined 218 |
|---|
| 328 | | - | objectives, generate or synthesize outputs such as content, 219 |
|---|
| 329 | | - | predictions, recommendations, or decisions influencing certain 220 |
|---|
| 330 | | - | environments. 221 |
|---|
| 331 | | - | (b) "Child" or "minor" means any person younger than 18 222 |
|---|
| 332 | | - | years of age. 223 |
|---|
| 333 | | - | (c) "Generated child pornography" means any image that has 224 |
|---|
| 334 | | - | been created, altered, adapted, modified, generated, or 225 |
|---|
| 310 | + | an identifiable minor engaged in sexual co nduct; or 201 |
|---|
| 311 | + | 3. Any image or presentation produced, generated, 202 |
|---|
| 312 | + | incorporated, or synthesized through artificial intelligence as 203 |
|---|
| 313 | + | defined in s. 501.174 which uses an image of an identifiable 204 |
|---|
| 314 | + | minor to depict or portray a minor engaged in sexual conduct . 205 |
|---|
| 315 | + | 206 |
|---|
| 316 | + | For purposes of sentencing under chapter 921 and determining 207 |
|---|
| 317 | + | incentive gain-time eligibility under chapter 944, a felony 208 |
|---|
| 318 | + | offense that is reclassified under this section is ranked one 209 |
|---|
| 319 | + | level above the ranking under s. 921.0022 or s. 921.0023 of the 210 |
|---|
| 320 | + | offense committed. 211 |
|---|
| 321 | + | Section 4. Paragraph (b) of subsection (1) of section 212 |
|---|
| 322 | + | 827.071, Florida Statutes, is amended to read: 213 |
|---|
| 323 | + | 827.071 Sexual performance by a child; child pornography; 214 |
|---|
| 324 | + | penalties.— 215 |
|---|
| 325 | + | (1) As used in this section, the following definitions 216 |
|---|
| 326 | + | shall apply: 217 |
|---|
| 327 | + | (b) "Child pornography" means: 218 |
|---|
| 328 | + | 1. Any image depicting a minor engaged in sexual conduct; 219 |
|---|
| 329 | + | or 220 |
|---|
| 330 | + | 2. Any image that has been created, altered, adapted, or 221 |
|---|
| 331 | + | modified by electronic, mechanical, or other means , to portray 222 |
|---|
| 332 | + | an identifiable minor engaged in sexual con duct; or 223 |
|---|
| 333 | + | 3. Any image or presentation produced, generated, 224 |
|---|
| 334 | + | incorporated, or synthesized through artificial intelligence as 225 |
|---|
| 347 | | - | synthesized by electronic, mechanical, artificial intelligence, 226 |
|---|
| 348 | | - | or other computer-generated means to portray a fictitious minor 227 |
|---|
| 349 | | - | that a person viewing the image would reasonably believe is a 228 |
|---|
| 350 | | - | real minor engaged in sexual conduct. 229 |
|---|
| 351 | | - | (d) "Intentionally view" has the same meaning as in s. 230 |
|---|
| 352 | | - | 827.071(1). 231 |
|---|
| 353 | | - | (e) "Sexual conduct" h as the same meaning as in s. 232 |
|---|
| 354 | | - | 827.071(1). 233 |
|---|
| 355 | | - | (2)(a) It is unlawful for a person to knowingly possess, 234 |
|---|
| 356 | | - | control, or intentionally view a photograph, a motion picture, a 235 |
|---|
| 357 | | - | representation, an image, a data file, a computer depiction, or 236 |
|---|
| 358 | | - | any other presentation whic h, in whole or in part, he or she 237 |
|---|
| 359 | | - | knows includes generated child pornography. The possession, 238 |
|---|
| 360 | | - | control, or intentional viewing of each such photograph, motion 239 |
|---|
| 361 | | - | picture, representation, image, data file, computer depiction, 240 |
|---|
| 362 | | - | or other presentation is a separate offense. A person who 241 |
|---|
| 363 | | - | violates this paragraph commits a felony of the third degree, 242 |
|---|
| 364 | | - | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 243 |
|---|
| 365 | | - | (b) A person who intentionally creates generated child 244 |
|---|
| 366 | | - | pornography commits a felony of the third degree, punishable as 245 |
|---|
| 367 | | - | provided in s. 775.082, s. 775.083, or s. 775.084. 246 |
|---|
| 368 | | - | (c) Paragraph (a) does not apply to any material 247 |
|---|
| 369 | | - | possessed, controlled, or intentionally viewed as part of a law 248 |
|---|
| 370 | | - | enforcement investigation. 249 |
|---|
| 371 | | - | (3) In addition to the criminal penalties prov ided in this 250 |
|---|
| 372 | | - | |
|---|
| 373 | | - | CS/CS/CS/HB 1459 2024 |
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| 374 | | - | |
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| 375 | | - | |
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| 376 | | - | |
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| 377 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 378 | | - | hb1459-03-c3 |
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| 379 | | - | Page 11 of 12 |
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| 380 | | - | 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 |
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| 381 | | - | |
|---|
| 382 | | - | |
|---|
| 383 | | - | |
|---|
| 384 | | - | section, any violation of paragraph (2)(b) committed in the 251 |
|---|
| 385 | | - | conduct of any trade or commerce is an unfair and deceptive 252 |
|---|
| 386 | | - | trade practice actionable under part II of chapter 501 solely by 253 |
|---|
| 387 | | - | the Department of Legal Affairs. If the department has rea son to 254 |
|---|
| 388 | | - | believe that a violation of paragraph (2)(b) has occurred, the 255 |
|---|
| 389 | | - | department, as the enforcing authority, may bring an action for 256 |
|---|
| 390 | | - | an unfair or deceptive act or practice. For the purpose of 257 |
|---|
| 391 | | - | bringing an action pursuant to this subsection, s. 501.211 does 258 |
|---|
| 392 | | - | not apply. In addition to other remedies under part II of 259 |
|---|
| 393 | | - | chapter 501, the department may collect a civil penalty of up to 260 |
|---|
| 394 | | - | $50,000 per violation of paragraph (2)(b). 261 |
|---|
| 395 | | - | Section 4. Section 92.561, Florida Statutes, is amended to 262 |
|---|
| 396 | | - | read: 263 |
|---|
| 397 | | - | 92.561 Prohibition on reproduction of child pornography. — 264 |
|---|
| 398 | | - | (1) In a criminal proceeding, any property or material 265 |
|---|
| 399 | | - | that portrays sexual performance by a child as defined in s. 266 |
|---|
| 400 | | - | 827.071, constitutes generated child pornography as defined in 267 |
|---|
| 401 | | - | s. 827.072, or constitutes child po rnography as defined in s. 268 |
|---|
| 402 | | - | 847.001, must remain secured or locked in the care, custody, and 269 |
|---|
| 403 | | - | control of a law enforcement agency, the state attorney, or the 270 |
|---|
| 404 | | - | court. 271 |
|---|
| 405 | | - | (2) Notwithstanding any law or rule of court, a court 272 |
|---|
| 406 | | - | shall deny, in a criminal proceeding, any request by the 273 |
|---|
| 407 | | - | defendant to copy, photograph, duplicate, or otherwise reproduce 274 |
|---|
| 408 | | - | any property or material that portrays sexual performance by a 275 |
|---|
| 409 | | - | |
|---|
| 410 | | - | CS/CS/CS/HB 1459 2024 |
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| 411 | | - | |
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| 412 | | - | |
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| 413 | | - | |
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| 414 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 415 | | - | hb1459-03-c3 |
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| 416 | | - | Page 12 of 12 |
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| 417 | | - | 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 |
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| 418 | | - | |
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| 419 | | - | |
|---|
| 420 | | - | |
|---|
| 421 | | - | child, constitutes generated child pornography, or constitutes 276 |
|---|
| 422 | | - | child pornography so long as the state attorn ey makes the 277 |
|---|
| 423 | | - | property or material reasonably available to the defendant. 278 |
|---|
| 424 | | - | (3) For purposes of this section, property or material is 279 |
|---|
| 425 | | - | deemed to be reasonably available to the defendant if the state 280 |
|---|
| 426 | | - | attorney provides ample opportunity at a designated facilit y for 281 |
|---|
| 427 | | - | the inspection, viewing, and examination of the property or 282 |
|---|
| 428 | | - | material that portrays sexual performance by a child , 283 |
|---|
| 429 | | - | constitutes generated child pornography, or constitutes child 284 |
|---|
| 430 | | - | pornography by the defendant, his or her attorney, or any 285 |
|---|
| 431 | | - | individual whom the defendant uses as an expert during the 286 |
|---|
| 432 | | - | discovery process or at a court proceeding. 287 |
|---|
| 433 | | - | Section 5. This act shall take effect July 1, 2024. 288 |
|---|
| 347 | + | defined in s. 501.174 which uses an image of an identifiable 226 |
|---|
| 348 | + | minor to depict or portray a minor engaged in sexual conduct . 227 |
|---|
| 349 | + | Section 5. This act shall take effect July 1, 2024. 228 |
|---|