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: CS/SB 1680
INTRODUCER: Judiciary Committee and Senator Bradley
SUBJECT: Artificial Intelligence Transparency
DATE: January 29, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Collazo Cibula JU Fav/CS
2. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/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. It also creates s. 827.072, F.S., entitled “Generated
child pornography,” which makes it a crime to knowingly possess, control, intentionally view, or
create generated child pornography.
The purpose of the advisory council is to generally study and monitor the development and
deployment of AI systems and provide reports on such systems to the Governor and the
Legislature. 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 how to modernize of government technology, and the
other addressing ransomware incidents. The bill also provides for the composition of the
advisory council and regulates other aspects of service on the council.
The new criminal statute defines the terms “generated child pornography,” “intentionally view,”
“promote,” and “sexual conduct,” and makes it a crime to knowingly possess, control,
intentionally view, or create generated child pornography. Each instance of possession, control,
or intentional viewing constitutes a separate offense. Anyone convicted of violating the statute is
subject to up to five years in prison and a $5,000 fine, as well as enhanced penalties under
habitual offender statute.
The bill takes effect on July 1, 2024.
REVISED: BILL: CS/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: CS/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.
9
Id.
10
Id.
11
Id.
12
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: CS/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.
19
Id.
20
Id. BILL: CS/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.
25
Id.
26
Id.
27
NCSL, Artificial Intelligence 2023 Legislation, Jan. 12, 2024, https://www.ncsl.org/technology-and-communication/
artificial-intelligence-2023-legislation. BILL: CS/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.
32
Id.
33
Id.
34
Id.
35
Id.
36
Id. BILL: CS/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: CS/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
III. Effect of Proposed Changes:
Government Technology Modernization Council
Section 1 of the bill creates the Government Technology Modernization Council, as an advisory
council
49
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.
50
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 composed of the following members:
The Lieutenant Governor.
The state chief information officer.
The State Surgeon General.
The Secretary of Health Care Administration.
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.
Thirteen representatives of institutions of higher education located in the state or the private
sector with senior-level experience or expertise in artificial intelligence, cloud computing,
identity management, data science, machine learning, government procurement, and
constitutional law, with:
o Seven 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.
48
Section 20.052(5)(d), F.S.
49
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.
50
See s. 20.052, F.S. (regulating advisory bodies, commissions, and boards). BILL: CS/SB 1680 Page 9
Term
The bill requires members to serve for a term of 4 years, except that sitting members of the
Senate and the House of Representatives must serve terms that correspond with their terms of
office. 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.
51
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,
52
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 of the council 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 this 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
53
may take to promote the development of data modernization in this state.
Assess where artificial intelligence is deployed today.
Evaluate common standards for artificial intelligence safety and security measures.
Assess how governmental entities and the private sector are using artificial intelligence with
a focus on opportunity areas for deployments in systems across this state.
Determine how artificial intelligence is being exploited by bad actors, including foreign
countries of concern as defined in state law.
54
51
Section 112.061, F.S.
52
See s. 112.313, F.S. (providing standards of conduct for public officers, employees of agencies, and local government
attorneys).
53
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).
54
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 BILL: CS/SB 1680 Page 10
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 modernize government technology.
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 technology systems in state
government, including, but not limited to, artificial intelligence, cloud computing, identity
management, and financial technology.
An assessment of the impact of using artificial intelligence systems on the liberty, finances,
livelihood, and privacy interests of residents of this state.
Recommended policies necessary to:
o Protect the privacy 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 employment of artificial intelligence systems.
o Promote the development and deployment of artificial intelligence systems in the state.
Any other information the council considers relevant.
Generated Child Pornography
Section 2 of the bill creates s. 827.072, F.S., entitled “Generated child pornography.”
Definitions
Under the bill, the term:
“Generated child pornography” means any image that has been created, altered, adapted, or
modified by electronic, mechanical, or other computer-generated means to portray a fictitious
person, who a reasonable person would regard as being a real person younger than 18 years
of age, engaged in sexual conduct.
“Intentionally view” means deliberately, purposefully, and voluntarily view. Proof of
intentional viewing requires establishing more than a single image, motion picture,
exhibition, show, image, data, computer depiction, representation, or other presentation over
any period of time.
55
“Promote” means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver,
transfer, transmit, transmute, publish, distribute, circulate, disseminate, present, exhibit, send,
post, share, or advertise or to offer or agree to do the same.
56
“Sexual conduct” means actual or simulated sexual intercourse, deviate sexual intercourse,
sexual bestiality, masturbation, or sadomasochistic abuse; actual or simulated lewd exhibition
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).
55
Section 827.071(1)(f), F.S.
56
Section 827.071(1)(h), F.S. BILL: CS/SB 1680 Page 11
of the genitals; actual physical contact with a person’s clothed or unclothed genitals, pubic
area, buttocks, or, if such person is a female, breast, with the intent to arouse or gratify the
sexual desire of either party; or any act or conduct which constitutes sexual battery or
simulates that sexual battery is being or will be committed. A mother’s breastfeeding of her
baby does not under any circumstance constitute “sexual conduct.”
57
Criminal Prohibitions
The bill provides that it is unlawful for a person to knowingly possess or control or intentionally
view a photograph, a motion picture, a representation, an image, a data file, a computer
depiction, or any other presentation which, in whole or in part, he or she knows includes
generated child pornography. The possession, control, or intentional viewing of each such
photograph, motion picture, representation, image, data file, computer depiction, or other
presentation is a separate offense. A person who violates these provisions commits a felony of
the third degree, punishable as provided in s. 775.082,
58
s. 775.083,
59
or s. 775.084,
60
F.S.
Additionally, any person who intentionally creates generated child pornography commits a
felony of the third degree, punishable as provided in s. 775.082,
61
s. 775.083,
62
or s. 775.084,
63
F.S.
Effective Date
Section 3 of the bill provides that it 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.
57
Section 827.071(1)(l), F.S.
58
A term of imprisonment not exceeding five years. See s. 775.082(3)(e), F.S.
59
A fine of up to $5,000. See s. 775.083(1)(c), F.S.
60
Providing for enhanced penalties for habitual offenders.
61
A term of imprisonment not exceeding five years. See s. 775.082(3)(e), F.S.
62
A fine of up to $5,000. See s. 775.083(1)(c), F.S.
63
Providing for enhanced penalties for habitual offenders. BILL: CS/SB 1680 Page 12
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
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. However, these costs will be relatively small and can likely be absorbed by the
Department of Management Services’ 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 827.072.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Judiciary on January 29, 2024:
The delete all amendment is the same as the original bill, except it:
Provides that the Lieutenant Governor, Surgeon General, and Secretary of AHCA
cannot appoint designees to the advisory council.
Requires the Governor to appoint 7, instead of 6, to the advisory council, for a new
total of 13 total representatives.
Requires the advisory council to include representatives with senior level experience
or expertise in government procurement and constitutional law.
Requires advisory council members who are sitting members of the House and Senate
to serve terms that correspond to their terms in office. BILL: CS/SB 1680 Page 13
Requires the advisory council to recommend legislative and administrative actions
that the Legislature and state agencies may take to promote the development of data
modernization, instead of artificial AI systems.
Eliminates the need for the advisory council to assess what AI is currently capable of,
and recent developments, including the application of AI in manufacturing, mining,
farming, and logistics.
Eliminates the need for the advisory council to discuss the future of AI and the ways
it could develop over the next decade, including the application of AI to
manufacturing, mining, farming, and logistics.
Requires the advisory council, in assessing the ways governmental entities and the
private sector are using AI, to focus on opportunity areas for deployments in systems
across the state.
Requires the June 30, 2025, report to include recommendations considered by the
advisory council to modernize government technology, instead of to address AI.
Requires the December 1, 2024, report to include, in its summary of
recommendations by relevant national entities in state government, a summary on
technology systems including AI, cloud computing, identity management, and
financial technology.
Creates a new criminal statute, instead of an AI transparency statute, that makes it
unlawful for a person to knowingly possess, control, or intentionally view media that
he or she knows includes generated child pornography, or to intentionally create
generated child pornography; violators of the new criminal statute commit a felony of
the third degree.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.