The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Judiciary
BILL: SB 1680
INTRODUCER: Senator Bradley
SUBJECT: Artificial Intelligence Transparency
DATE: January 26, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Collazo Cibula JU Pre-meeting
2. RC
I. Summary:
SB 1680 establishes the Government Technology Modernization Council, an advisory council
within the Department of Management Services, to generally advise the Legislature on artificial
intelligence (AI)-related issues; and creates s. 501.174, F.S., entitled “Artificial intelligence
transparency.” which requires certain safety and transparency standards and disclosures in
connection with the use of artificial intelligence.
The purpose of the advisory council is to generally study and monitor the development and
deployment of AI systems. Accordingly, the bill requires council members to meet at least
quarterly and to perform several duties, including the preparation and submittal of two annual
reports to the Governor and Legislature: one addressing ransomware incidents, and the other
addressing artificial intelligence more generally. The bill also provides for the composition of the
advisory council and regulates other aspects of service on the council.
With respect to for-profit entities and persons who produce or use AI and make such AI content
available to the Florida public, the bill requires them to create certain safety and transparency
standards and to publish certain disclosures whenever AI is being used. It also prohibits the use
of AI to create obscene material if the image or information of a minor is used, or if the material
is created by a person who must register as a sexual predator under state law. The bill does not
apply to the use of an image or likeness for AI training purposes, or to persons not having a legal
expectation of privacy, provided the disclosures required by the bill have been made. State
agencies using AI must disclose such use to persons interacting with the agency, and must ensure
that any confidential information obtained through AI remains confidential.
The bill provides for enforcement by the Department of Legal Affairs under the Florida
Deceptive and Unfair Trade Practices Act, and authorizes the department to adopt rules to
implement the bill. It does not establish a private cause of action.
The bill takes effect on July 1, 2024.
REVISED: BILL: SB 1680 Page 2
II. Present Situation:
Artificial Intelligence
Generally
Artificial intelligence (AI) is the development of computer systems to perform tasks that
normally require human intelligence, such as learning and decision-making.
1
It enables computer
systems to receive information that is either provided to them by others or gathered by them (e.g.
through camera lenses or other sensors), which they can then process and respond to in some
meaningful way. To a certain extent, AI systems are capable of adapting their behavior by
analyzing the effects of previous actions and working autonomously.
2
Investments in AI have led to many of the transformative advancements that U.S. consumers rely
upon every day,
3
including mapping technologies, voice-assisted smartphones, handwriting
recognition for mail delivery, financial trading, smart logistics, spam filtering, and language
translation. AI advances have also provided significant social benefits in areas such as precision
medicine, environmental sustainability, education, and public welfare.
4
Types of AI
AI may be generally classified in one of three classes based on its capabilities or its
functionalities:
5
Artificial Narrow AI. Also known as Weak AI, Artificial Narrow AI is the only type of AI
that exists today. All other forms of AI are theoretical. Machines using Weak AI can only
perform specific tasks using human-like capabilities. They can do nothing more than what
they are programmed to do. Examples of Artificial Narrow AI include Siri, Alexa, and
ChatGPT.
6
General AI. Also known as Strong AI, General AI is only a theoretical concept. Any machine
or application using Strong AI in the future would be able to use what they have learned in
the past to accomplish new tasks in different contexts without the need for additional training
by human beings. In other words, they would be able to learn, perceive, understand, and
function completely like a human beings.
7
Super AI. Also known as artificial superintelligence, Super AI is strictly theoretical. If ever
realized, machines using Super AI would think, reason, learn, make judgments, and possess
cognitive abilities surpassing those of human beings. Machines possessing Super AI
capabilities would have evolved beyond the point of understanding human sentiments and
1
National Conference of State Legislatures (NCSL), Artificial Intelligence 2023 Legislation, Jan. 12, 2024, https://www.ncsl.
org/technology-and-communication/artificial-intelligence-2023-legislation.
2
European Parliament, What is artificial intelligence and how is it used?, E.U. News, Jun. 20, 2023, https://www.europarl.
europa.eu/news/en/headlines/society/20200827STO85804/what-is-artificial-intelligence-and-how-is-it-used.
3
U.S. Department of State, Artificial Intelligence (AI), https://www.state.gov/artificial-intelligence/ (last visited Jan. 20,
2024).
4
Id.
5
IBM, Understanding the different types of artificial intelligence, Oct. 12, 2023, https://www.ibm.com/blog/understanding-
the-different-types-of-artificial-intelligence/; Naveen Joshi, 7 Types of Artificial Intelligence, Jun. 19, 2019, Forbes,
https://www.forbes.com/sites/cognitiveworld/2019/06/19/7-types-of-artificial-intelligence/?sh=7b5ddf4d233e.
6
Id.
7
Id. BILL: SB 1680 Page 3
experiences to feeling emotions, having needs, and possessing beliefs and desires of their
own.
8
Under the umbrella of Artificial Narrow AI or Weak AI, there are four kinds of AI based upon
functionalities:
9
Reactive Machine AI. Reactive machines are AI systems with no memory. They are designed
to perform very specific tasks. They can only work with presently available data because
they cannot recollect previous outcomes or decisions. Reactive Machine AI stems from
statistical math and can analyze vast amounts of data to produce a seemingly intelligent
output. Examples of machines and applications that rely upon Reactive Machine AI include
IBM Deep Blue (IBM’s chess-playing supercomputer) and the Netflix recommendation
engine.
10
Limited Memory AI. In addition to having the capabilities of purely reactive machines,
Limited Memory AI machines and applications are also capable of learning from historical
data to make decisions. Almost all present-day Limited Memory AI applications, including
Generative AI tools (e.g. chatbots and virtual assistants) and self-driving vehicles, are
Limited Memory AI machines and applications.
11
Theory of Mind AI. Theory of Mind AI is a kind of General AI that exists in concept only at
this time. It is the “next level” of AI systems that researchers are currently developing.
Machines and applications using a Theory of Mind level AI will be able to understand the
thoughts and emotions of other entities. In theory, this will allow them to simulate human-
like relationships and to contextualize artwork and essays, which today’s Generative AI tools
are unable to do.
12
Self-Aware AI. Self-Aware AI is a kind of Super AI that exists in concept only at this time. It
is strictly theoretical. If ever achieved, it will have the ability to understand its own internal
conditions and traits along with human emotions and thoughts. It will also have its own set of
emotions, needs, and beliefs.
13
Generative AI
Generative AI is a type of Limited Memory AI technology
14
that can produce high-quality
content, including text, images, audio, or video, within seconds when prompted by a user.
15
Although it was first introduced in the 1960s, it was not until 2014, with the introduction of
8
Id.
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Id.
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Id.
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Id.
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Id. Emotion AI is a kind of Theory of Mind AI that is currently under development. Researchers hope that it will one day
have the ability to analyze voices, images, and other kinds of data to recognize, simulate, monitor, and respond appropriately
to humans on an emotional level. To date, Emotion AI is unable to understand and respond to human feelings. Id.
13
Id.
14
George Lawton, What is generative AI? Everything you need to know, TechTarget, Jan. 2024, https://www.techtarget.com/
searchenterpriseai/definition/generative-AI.
15
Government Accountability Office (GAO), Science, Technology Assessment, and Analytics, Science & Tech Spotlight:
Generative AI (June 2023), available at https://www.gao.gov/assets/gao-23-106782.pdf; George Lawton, What is generative
AI? Everything you need to know, TechTarget, Jan. 2024, https://www.techtarget.com/searchenterpriseai/definition/
generative-AI. BILL: SB 1680 Page 4
generative adversarial networks, or GANs (a type of machine learning algorithm),
16
that
Generative AI could convincingly create authentic images, videos, and audio of real people.
17
Generative AI systems learn patterns and
relationships from massive amounts of data,
which enables them to process and create
new content that may be similar, but not
identical, to the underlying training data.
Such systems rely upon sophisticated
machine learning algorithms and statistical
models to work.
18
In order to generate new content, Generative
AI users are required to submit prompts that
guide the generation of new content. Many
iterations may be required to produce the
intended result because Generative AI is
sensitive to the wording of prompts.
19
How Generative AI Works
20
Because Generative AI can do so much, it has many potential applications, including in
education, government, medicine, and law. Applications include:
Writing a speech in a particular tone.
Summarizing complex research.
Assessing legal documents.
Creating images for different applications.
Composing music.
Composing poems.
Designing molecules for new drugs.
Generating programming codes.
Translating languages.
Implementing chatbots.
16
“A generative adversarial network (GAN) is a deep learning architecture. It trains two neural networks to compete against
each other to generate more authentic new data from a given training dataset. For instance, you can generate new images
from an existing image database or original music from a database of songs. A GAN is called adversarial because it trains
two different networks and pits them against each other. One network generates new data by taking an input data sample and
modifying it as much as possible. The other network tries to predict whether the generated data output belongs in the original
dataset. In other words, the predicting network determines whether the generated data is fake or real. The system generates
newer, improved versions of fake data values until the predicting network can no longer distinguish fake from original.”
Amazon Web Services (AWS), What is a GAN?, https://aws.amazon.com/what-is/gan/ (last visited Jan. 20, 2024). GAN can
generate images, training data for other models, complete missing information, and generate 3D models from 2D data. Id.
17
George Lawton, What is generative AI? Everything you need to know, TechTarget, Jan. 2024, https://www.techtarget.com/
searchenterpriseai/definition/generative-AI.
18
Government Accountability Office (GAO), Science, Technology Assessment, and Analytics, Science & Tech Spotlight:
Generative AI (June 2023), available at https://www.gao.gov/assets/gao-23-106782.pdf. Training data can include open-
source information, such as text and images from the internet. Id.
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Id.
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Id. BILL: SB 1680 Page 5
Deploying “deepfakes.”
21
Improving dubbing for movies.
Designing physical products and buildings.
22
As of early 2023, emerging Generative AI systems have reached more than 100 million users and
have attracted global attention to their potential applications.
23
The U.S. Government Accountability Office has identified several opportunities and challenges
in connection with the proliferation of Generative AI systems.
24
With respect to opportunities,
Generative AI can quicken access to ideas and knowledge by helping people more efficiently
gather new information; help automate a wide variety of administrative and repetitive tasks; and
enhance the productivity of many industries.
25
With respect to challenges, because Generative AI
systems can respond to harmful instructions, they can increase the speed and scale of many real
world harms, such as facilitating the development and proliferation of false information;
facilitating the use of copyrighted, proprietary, or sensitive data, without the owner’s or subject’s
knowledge; reducing privacy for users, including minors, through the retention of personally
identifiable information without consent; and facilitating the storage and use of sensitive
information by foreign adversaries.
26
Regulation
Concerns about the potential misuse or unintended consequences of AI have prompted efforts to
examine and develop standards at the federal and state levels.
27
For example, the White House Office of Science and Technology Policy has published a
document identifying principles that should guide the design, use, and deployment of automated
21
Deepfake AI is a type of AI used to create convincing images, audio, and video hoaxes. “Deepfakes” are created using a
combination of techniques, including face swapping. Algorithms learn the unique features of a person’s face, such as the
shape of his or her nose, the size of his or her eyes, and the position of his or her eyebrows, to create new images or videos
using the person’s likeness. The new image or video is very realistic and it may be difficult to tell that it has been
manipulated. Jerome Thiebaud, How Badly Will Deepfakes Weaponize Generative AI?, Centific, https://www.centific.com/
how-badly-will-deepfakes-weaponize-generative-ai/ (last visited Jan. 22, 2024).
22
Government Accountability Office (GAO), Science, Technology Assessment, and Analytics, Science & Tech Spotlight:
Generative AI (Jun. 2023), available at https://www.gao.gov/assets/gao-23-106782.pdf; George Lawton, What is generative
AI? Everything you need to know, TechTarget, Jan. 2024, https://www.techtarget. com/searchenterpriseai/definition/
generative-AI.
23
Government Accountability Office (GAO), Science, Technology Assessment, and Analytics, Science & Tech Spotlight:
Generative AI (Jun. 2023), available at https://www.gao.gov/assets/gao-23-106782.pdf.
24
Id.
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Id.
26
Id.
27
NCSL, Artificial Intelligence 2023 Legislation, Jan. 12, 2024, https://www.ncsl.org/technology-and-communication/
artificial-intelligence-2023-legislation. BILL: SB 1680 Page 6
systems.
28
And the U.S. National Institute of Standards and Technology
29
is holding workshops
and discussions with the public and private sectors to develop federal standards for the creation
of reliable and trustworthy AI systems.
30
In 2023, at least 25 states, Puerto Rico, and the District of Columbia introduced AI bills, and 18
states and Puerto Rico adopted resolutions or enacted legislation. Examples include:
31
Connecticut:
o Required its Department of Administrative Services to conduct an inventory of all
systems employing AI in use by state agencies and, beginning Feb. 1, 2024, to perform
ongoing assessments of such systems, to ensure that they will not result in unlawful
discrimination or disparate impact.
o Required its Office of Policy and Management to establish policies and procedures
concerning the development, procurement, implementation, utilization and ongoing
assessment of systems employing AI in use by state agencies.
32
Louisiana adopted a resolution requesting its Joint Committee on Technology and
Cybersecurity to study the impact of AI in operations, procurement, and policy.
33
Maryland established a grant program, its Industry 4.0 Technology Grant Program, to assist
certain small and medium-sized manufacturing enterprises with implementing new “industry
4.0” technology or related infrastructure. The definition of industry 4.0 includes AI.
34
North Dakota enacted legislation defining a person as an individual, organization,
government, political subdivision, or government agency or instrumentality, and specifying
that the term does not include environmental elements, AI, animals, or inanimate objects.
35
Texas created an AI advisory council to study and monitor AI systems developed, employed
or procured by state agencies. North Dakota, Puerto Rico, and West Virginia also created
similar councils.
36
28
The White House, Office of Science and Technology Policy (OSTP), Blueprint for an AI Bill of Rights, https://www.
whitehouse.gov/ostp/ai-bill-of-rights/ (last visited Jan. 22, 2024); see also The White House, OSTP, Blueprint for an AI Bill
of Rights (Oct. 2022), available at https://www.whitehouse.gov/wp-content/uploads/2022/10/Blueprint-for-an-AI-Bill-of-
Rights.pdf (providing that one should be protected from unsafe or ineffective systems; one should not face discrimination by
algorithms (systems should be used and designed in an equitable way); one should be protected from abusive data practices
via built-in protections and have agency over how data about him or her is used; one should know that an automated system
is being used and understand how and why it contributes to outcomes that impact him or her; and one should be able to opt
out, where appropriate, and have access to a person who can quickly consider and remedy problems one encounters).
29
The U.S. National Institute of Standards and Technology (NIST) was founded in 1901 and today forms part of the U.S.
Department of Commerce. It is one of the nation’s oldest physical science laboratories. NIST, About NIST, https://www.nist.
gov/about-nist (last visited Jan. 22, 2024).
30
National Conference of State Legislatures (NCSL), Artificial Intelligence 2023 Legislation, Jan. 12, 2024,
https://www.ncsl.org/technology-and-communication/artificial-intelligence-2023-legislation; see also NIST, Artificial
Intelligence, https://www.nist.gov/artificial-intelligence (last visited Jan. 22, 2024) (describing NIST’s activities in
connection with AI development).
31
Id.
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Id.
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Id.
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Id.
35
Id.
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Id. BILL: SB 1680 Page 7
Advisory Councils
A “council” or an “advisory council” is a kind of advisory body. It is created by specific
statutory enactment and appointed to:
Function on a continuing basis for the study of problems arising in a specified functional or
program area of state government.
Provide recommendations and policy alternatives.
37
Advisory bodies created by specific statutory enactment, as an adjunct to an executive agency,
must be established, evaluated, or maintained in accordance with the following requirements:
They may be created only when it is found to be necessary and beneficial to the furtherance
of a public purpose.
38
They must be terminated by the Legislature when they are no longer necessary and beneficial
to the furtherance of a public purpose.
39
The Legislature and the public must be kept informed of the numbers, purposes,
memberships, activities, and expenses of advisory bodies established as adjuncts to executive
agencies.
40
They must meet a statutorily defined purpose.
41
Their powers and responsibilities must conform with the definitions for governmental units
specified by statute.
42
Their members, unless expressly provided otherwise in the state constitution, must be
appointed for four-year staggered terms.
43
Their members, unless expressly provided otherwise by specific statutory enactment, must
serve without additional compensation or honorarium, and are authorized to receive only per
diem and reimbursement for travel expenses as provided by statute.
44
The private citizen members of advisory bodies that are adjunct to executive agencies must
be appointed by the Governor, the head of the department, the executive director of the
department, or a Cabinet officer.
45
The private citizen members of commissions or boards of trustees that are adjunct to
executive agencies must be appointed by the Governor unless otherwise provided by law,
must be confirmed by the Senate, and must be subject to the dual-office-holding prohibition
of the State Constitution.
46
Unless an exemption is otherwise specifically provided by law, all meetings of advisory
bodies adjunct to executive agencies are public meetings, and minutes, including a record of
all votes cast, must be maintained for all meetings.
47
37
Section 20.03(7), F.S.
38
Section 20.052(1), F.S.
39
Section 20.052(2), F.S. The executive agency to which the advisory body is made an adjunct must advise the legislature at
the time the advisory body ceases to be essential to the furtherance of a public purpose. Id.
40
Section 20.052(3), F.S.
41
Section 20.052(4)(a), F.S.
42
Section 20.052(4)(b), F.S.
43
Section 20.052(4)(c), F.S.
44
Section 20.052(4)(d), F.S.
45
Section 20.052(5)(a), F.S.
46
Section 20.052(5)(b), F.S.
47
Section 20.052(5)(c), F.S. BILL: SB 1680 Page 8
If an advisory body that is adjunct to an executive agency is abolished, its records must be
appropriately stored, within 30 days after the effective date of its abolition, by the executive
agency to which it was adjunct, and any property assigned to it must be reclaimed by the
executive agency.
48
Florida Deceptive and Unfair Trade Practices Act (FDUTPA)
FDUTPA is a consumer and business protection measure that prohibits unfair methods of
competition, and unconscionable, deceptive, or unfair acts or practices in the conduct of trade or
commerce.
49
FDUTPA was modeled after the Federal Trade Commission Act.
50
The Department of Legal Affairs or the state attorney’s office in the judicial circuit affected or
where the violation occurs may bring actions on behalf of consumers or governmental entities
when it serves the public interest.
51
The state attorney’s office may enforce violations of
FDUTPA if the violations take place within its jurisdiction. The department has enforcement
authority when: the violation is multi-jurisdictional; the state attorney defers to the department in
writing; or the state attorney fails to act within 90 days after a written complaint is filed.
52
In
certain circumstances, consumers may also file suit through private actions.
53
The department and the state attorney’s office have powers to investigate FDUTPA claims,
which include:
54
Administering oaths and affirmations.
Subpoenaing witnesses or matter.
Collecting evidence.
The department and the state attorney’s office may seek the following remedies:
55
Declaratory judgments.
Injunctive relief.
Actual damages on behalf of consumers and businesses.
Cease and desist orders.
Civil penalties of up to $10,000 per willful violation.
FDUTPA may not be applied to certain entities in certain circumstances, including:
56
48
Section 20.052(5)(d), F.S.
49
Section 501.202, F.S.
50
See 15 U.S.C. s. 45; see also D. Matthew Allen, et. al., The Federal Character of Florida’s Deceptive and Unfair Trade
Practices Act, 65 U. MIAMI L. REV. 1083 (Summer 2011).
51
Sections 501.203(2) and 501.207(1)(c) and (2), F.S.; see also David J. Federbush, FDUTPA for Civil Antitrust Additional
Conduct, Party, and Geographic Coverage; State Actions for Consumer Restitution, 76 FLA. BAR J. 52 (Dec. 2002), available
at https://www.floridabar.org/the-florida-bar-journal/fdutpa-for-civil-antitrust-additional-conduct-party-and-geographic-
coverage-state-actions-for-consumer-restitution/ (analyzing the merits of FDUPTA and the potential for deterrence of
anticompetitive conduct in Florida).
52
Section 501.203(2), F.S.
53
Section 501.211, F.S.
54
Section 501.206(1), F.S.
55
Sections 501.207(1), 501.208, and 501.2075, F.S. Civil Penalties are deposited into general revenue. Enforcing authorities
may also request attorney fees and costs of investigation or litigation. Section 501.2105, F.S.
56
Section 501.212(4), F.S. BILL: SB 1680 Page 9
Any person or activity regulated under laws administered by the Office of Insurance
Regulation or the Department of Financial Services.
Banks, credit unions, and savings and loan associations regulated by the Office of Financial
Regulation or federal agencies.
III. Effect of Proposed Changes:
Government Technology Modernization Council
Section 1 of the bill creates the Government Technology Modernization Council, as an advisory
council
57
within the Department of Management Services. Except as otherwise provided in the
bill, the council must operate in a manner consistent with the statute regulating advisory bodies,
commissions, and boards.
58
Purpose
The purpose of the council is to study and monitor the development and deployment of artificial
intelligence systems and provide reports on such systems to the Governor and the Legislature.
Composition
The council must be comprised of the following members:
The Lieutenant Governor or his or her designee.
The state chief information officer.
The Surgeon General of the Department of Health or his or her designee.
The Secretary of the Agency for Health Care Administration or his or her designee.
A representative of the computer crime center of the Department of Law Enforcement,
appointed by the executive director of the Department of Law Enforcement.
The Chief Inspector General.
Twelve representatives from institutions of higher education located in the state or the private
sector with senior-level experience or expertise in artificial intelligence, cloud systems,
identity management, data science, and machine learning, with:
o Six appointed by the Governor.
o Three appointed by the President of the Senate.
o Three appointed by the Speaker of the House of Representatives.
One member of the Senate, appointed by the President of the Senate or his or her designee.
One member of the House of Representatives, appointed by the Speaker of the House of
Representatives or his or her designee.
The Secretary of Management Services, or his or her designee, must serve as the ex officio,
nonvoting executive director of the council.
57
A “council” or “advisory council” means an advisory body created by specific statutory enactment and appointed to
function on a continuing basis for the study of the problems arising in a specified functional or program area of state
government and to provide recommendations and policy alternatives. Section 20.03(7), F.S.
58
See s. 20.052, F.S. (regulating advisory bodies, commissions, and boards). BILL: SB 1680 Page 10
Term
The bill requires members to serve for a term of 4 years; however, for the purpose of providing
staggered terms, the initial appointments of members made by the Governor must be for a term
of 2 years. A vacancy must be filled for the remainder of the unexpired term in the same manner
as the initial appointment. All members of the council are eligible for reappointment.
Compensation
The bill requires members of the council to serve without compensation, but they are entitled to
receive reimbursement for per diem and travel expenses pursuant to state law.
59
Confidential or Exempt Status of Information Received
The bill requires members of the council to maintain the confidential or exempt status of
information received in the performance of their duties and responsibilities as members of the
council. In accordance with state law,
60
a current or former member of the council may not
disclose or use information not available to the general public and gained by reason of his or her
official position, except for information relating exclusively to governmental practices, for his or
her personal gain or benefit or for the personal gain or benefit of any other person or business
entity. Members must sign an agreement acknowledging these provisions.
Duties
The bill requires the council to meet at least quarterly to:
Assess and provide guidance on necessary legislative reforms and the creation of a state code
of ethics for artificial intelligence systems in state government.
Assess the effect of automated decision systems on constitutional and other legal rights,
duties, and privileges of residents of the state.
Study the potential benefits, liabilities, and risks that the state, residents of this state, and
businesses may incur as a result of implementing automated decision systems.
Recommend legislative and administrative actions that the Legislature and state agencies
may take to promote the development of artificial intelligence systems in this state.
Assess where artificial intelligence is deployed today.
Assess what artificial intelligence is currently capable of, and the recent developments,
including the application of artificial intelligence in manufacturing, mining, farming, and
logistics.
Evaluate common standards for artificial intelligence safety and security measures.
Discuss the future of artificial intelligence and the ways it could develop over the next
decade, including the application of artificial intelligence to manufacturing, mining, farming,
and logistics.
Assess the ways governmental entities and the private sector are utilizing artificial
intelligence.
59
Section 112.061, F.S.
60
See s. 112.313, F.S. (providing standards of conduct for public officers, employees of agencies, and local government
attorneys). BILL: SB 1680 Page 11
Determine the ways artificial intelligence is being exploited by bad actors, including foreign
countries of concern as defined in state law.
61
The bill provides that by June 30, 2025, and each June 30 thereafter, the council must submit to
the President of the Senate and the Speaker of the House of Representatives any legislative
recommendations considered necessary by the council to address artificial intelligence.
The bill also provides that by December 1, 2024, and each December 1 thereafter, the council
must submit to the Governor, the President of the Senate, and the Speaker of the House of
Representatives a comprehensive report that includes data, trends, analysis, findings, and
recommendations for state and local action regarding ransomware incidents. At a minimum, the
report must include:
A summary of recommendations by relevant national entities on artificial intelligence
systems in state government.
An assessment of the impact of using artificial intelligence systems on the liberty, finances,
livelihood, and privacy interests of the residents of this state.
Recommended policies necessary to:
o Protect the privacy and interests of residents of the state from any decrease in
employment caused by artificial intelligence systems.
o Ensure that residents of the state are free from unfair discrimination caused or
compounded by the use of artificial intelligence systems.
o Promote the development and deployment of artificial intelligence systems in the state.
Any other information the council considers relevant.
For purposes of the bill, “state agency” means any official, officer, commission, board, authority,
council, committee, or department of the executive branch of state government; the Justice
Administrative Commission; the Public Service Commission; the Department of Legal Affairs;
the Department of Agriculture and Consumer Services; and the Department of Financial
Services. The term does not include university boards of trustees or state universities.
62
Artificial Intelligence Transparency
Section 2 of the bill creates s. 501.174, F.S., entitled “Artificial intelligence transparency.”
Definitions
The bill defines:
“Artificial intelligence” to mean software developed with machine-learning, logic-based and
knowledge-based, or statistical approaches, which can, for a given set of human-defined
61
See s. 287.138(1)(c), F.S. (defining “foreign countries of concern” to mean the People’s Republic of China, the Russian
Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan
regime of Nicolás Maduro, or the Syrian Arab Republic, including any agency of or any other entity of significant control of
such foreign country of concern).
62
See s. 282.318(2), F.S. (providing that the term has the same meaning as in s. 282.0041, F.S., except that it includes the
Department of Legal Affairs, the Department of Agriculture and Consumer Services, and the Department of Financial
Services). BILL: SB 1680 Page 12
objectives, generate outputs such as content, predictions, recommendations, or decisions
influencing certain environments.
“Department” to mean the Department of Legal Affairs.
Safety and Transparency Standards
To make it clear and conspicuous to consumers when content is generated by artificial
intelligence, the bill requires any for-profit entity or person who produces or uses artificial
intelligence, and makes such artificial intelligence content available to the Florida public, to
create safety and transparency standards, including, but not limited to, the use of watermarks.
Additionally, an entity or a person who uses artificial intelligence must provide a clear and
conspicuous disclosure statement:
When an individual in this state is communicating or interacting with the entity or person
through an artificial intelligence mechanism.
If a political advertisement uses an image, a likeness, or content that has been generated by
artificial intelligence, and has been synthetically or digitally manipulated, to convincingly
portray a person as another person or as doing or saying something that was not actually done
or said. Any such advertisement is subject to requirements and enforcement actions set forth
by the Florida Elections Commission.
Use of Artificial Intelligence in the Creation of Obscene Material
The bill prohibits the use of artificial intelligence in the creation of obscene material if:
The image or information of a minor is used.
The biometric information of an identifiable minor is used.
The material is created by a person who must register as a sexual predator under state law.
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Applicability
The bill does not apply to:
Use of an image or a likeness for artificial intelligence training purposes as long as the image
or likeness is not distributed to or viewable by the public.
A person who does not have a legal expectation of privacy as long as disclosure is provided
pursuant to the bill.
State Agencies using Artificial Intelligence
The bill requires state agencies using artificial intelligence to disclose such use to persons who
are interacting with them through artificial intelligence, and to ensure that any confidential
information accessible to an artificial intelligence system remains confidential.
Enforcement
The bill provides that, except in connection with state agencies’ use of artificial intelligence,
violations of the bill are deemed to be unfair and deceptive trade practices actionable solely by
the department under the Florida Deceptive and Unfair Trade Practices Act.
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If the department
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See s. 775.21(6), F.S. (The Florida Sexual Predators Act).
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Chapter 501, part II, F.S. BILL: SB 1680 Page 13
has reason to believe that a violation of the bill has occurred, the department, as the enforcing
authority, may bring an action for an unfair or deceptive act or practice. For the purpose of
bringing an action pursuant to the bill, the sections of the Act providing for individual remedies
under the Act,
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and for application of the Act,
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do not apply. In addition to other remedies
under the Act, the department may collect a civil penalty of up to $50,000 per violation of the
bill.
The bill provides that for purposes of bringing an action pursuant to the bill, any entity or person
who produces or uses artificial intelligence that is distributed to or viewable by the public in this
state is considered to be both engaged in substantial and not isolated activities within this state,
and operating, conducting, engaging in, or carrying on a business, and doing business in this
state, and is therefore subject to the jurisdiction of the courts of this state.
Private Causes of Action
The bill does not establish a private cause of action.
Authorization to Adopt Rules
The bill authorizes the department to adopt rules to implement the bill.
Effective Date
The bill takes effect July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
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Section 501.211, F.S.
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Section 501.212, F.S. BILL: SB 1680 Page 14
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
With respect to for-profit entities and persons who produce or use AI and make such AI
content available to the Florida public, the bill will cause them to incur indeterminate
costs, because such entities and persons will now need to create safety and transparency
standards and publish disclosures to ensure compliance with the bill.
C. Government Sector Impact:
The Department of Management Services will incur costs associated with
administratively supporting the council and reimbursing its members for travel and other
costs. State agencies will incur costs associated with modifying their websites and other
interfaces with the public to ensure that their use of AI is disclosed to persons interacting
with them. However, these costs will be relatively small and can likely be absorbed by
the Department of Management Services’ and other state agencies’ existing operating
budgets.
The bill will also result in both an increase in civil penalties collected by the Department
of Legal Affairs, and an increase of regulatory costs to the department, which has been
tasked with enforcing the bill. These costs will be relatively small and can likely be
absorbed by the Department of Legal Affairs’ existing operating budget.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates the following sections of the Florida Statutes: 282.802 and 501.174.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None. BILL: SB 1680 Page 15
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.