Florida Senate - 2024 SB 1680
By Senator Bradley
6-01186-24 20241680__
1 A bill to be entitled
2 An act relating to artificial intelligence
3 transparency; creating s. 282.802, F.S.; creating the
4 Government Technology Modernization Council within the
5 Department of Management Services for a specified
6 purpose; providing for council membership, meetings,
7 and duties; requiring the council to submit specified
8 reports to the Governor and Legislature; defining the
9 term “state agency”; creating s. 501.174, F.S.;
10 defining terms; requiring certain entities and persons
11 to create safety and transparency standards for
12 content generated by artificial intelligence;
13 requiring disclosures for certain communications,
14 interactions, images, likenesses, and content;
15 providing that certain political advertisements are
16 subject to specified requirements and enforcement;
17 prohibiting the use of artificial intelligence in the
18 creation of obscene material under certain conditions;
19 providing applicability; requiring certain state
20 agencies to provide certain disclosures; authorizing
21 the Department of Legal Affairs to bring an action for
22 violations under the Florida Deceptive and Unfair
23 Trade Practices Act; providing civil penalties;
24 providing that the act does not establish private
25 causes of action; providing that certain entities and
26 persons are subject to the jurisdiction of state
27 courts; authorizing the department to adopt rules;
28 providing an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Section 282.802, Florida Statutes, is created to
33 read:
34 282.802 Government Technology Modernization Council.—
35 (1) The Florida Government Technology Modernization
36 Council, an advisory council as defined in s. 20.03(7), is
37 created within the department. Except as otherwise provided in
38 this section, the advisory council shall operate in a manner
39 consistent with s. 20.052.
40 (2) The purpose of the council is to study and monitor the
41 development and deployment of artificial intelligence systems
42 and provide reports on such systems to the Governor and the
43 Legislature.
44 (3) The council shall be comprised of the following
45 members:
46 (a) The Lieutenant Governor or his or her designee.
47 (b) The state chief information officer.
48 (c) The Surgeon General of the Department of Health or his
49 or her designee.
50 (d) The Secretary of the Agency for Health Care
51 Administration or his or her designee.
52 (e) A representative of the computer crime center of the
53 Department of Law Enforcement, appointed by the executive
54 director of the Department of Law Enforcement.
55 (f) The Chief Inspector General.
56 (g) Twelve representatives from institutions of higher
57 education located in this state or the private sector with
58 senior level experience or expertise in artificial intelligence,
59 cloud systems, identity management, data science, and machine
60 learning, with six appointed by the Governor, three appointed by
61 the President of the Senate, and three appointed by the Speaker
62 of the House of Representatives.
63 (h) One member of the Senate, appointed by the President of
64 the Senate or his or her designee.
65 (i) One member of the House of Representatives, appointed
66 by the Speaker of the House of Representatives or his or her
67 designee.
68 (4) Members shall serve for a term of 4 years; however, for
69 the purpose of providing staggered terms, the initial
70 appointments of members made by the Governor shall be for a term
71 of 2 years. A vacancy shall be filled for the remainder of the
72 unexpired term in the same manner as the initial appointment.
73 All members of the council are eligible for reappointment.
74 (5) The Secretary of Management Services, or his or her
75 designee, shall serve as the ex officio, nonvoting executive
76 director of the council.
77 (6) Members of the council shall serve without compensation
78 but are entitled to receive reimbursement for per diem and
79 travel expenses pursuant to s. 112.061.
80 (7) Members of the council shall maintain the confidential
81 or exempt status of information received in the performance of
82 their duties and responsibilities as members of the council. In
83 accordance with s. 112.313, a current or former member of the
84 council may not disclose or use information not available to the
85 general public and gained by reason of his or her official
86 position, except for information relating exclusively to
87 governmental practices, for his or her personal gain or benefit
88 or for the personal gain or benefit of any other person or
89 business entity. Members must sign an agreement acknowledging
90 the provisions of this subsection.
91 (8) The council shall meet at least quarterly to:
92 (a) Assess and provide guidance on necessary legislative
93 reforms and the creation of a state code of ethics for
94 artificial intelligence systems in state government.
95 (b) Assess the effect of automated decision systems on
96 constitutional and other legal rights, duties, and privileges of
97 residents of this state.
98 (c) Study the potential benefits, liabilities, and risks
99 that the state, residents of this state, and businesses may
100 incur as a result of implementing automated decision systems.
101 (d) Recommend legislative and administrative actions that
102 the Legislature and state agencies may take to promote the
103 development of artificial intelligence systems in this state.
104 (e) Assess where artificial intelligence is deployed today.
105 (f) Assess what artificial intelligence is currently
106 capable of, and the recent developments, including the
107 application of artificial intelligence in manufacturing, mining,
108 farming, and logistics.
109 (g) Evaluate common standards for artificial intelligence
110 safety and security measures.
111 (h) Discuss the future of artificial intelligence and the
112 ways it could develop over the next decade, including the
113 application of artificial intelligence to manufacturing, mining,
114 farming, and logistics.
115 (i) Assess the ways governmental entities and the private
116 sector are utilizing artificial intelligence.
117 (j) Determine the ways artificial intelligence is being
118 exploited by bad actors, including foreign countries of concern
119 as defined in s. 287.138.
120 (9) By June 30, 2025, and each June 30 thereafter, the
121 council shall submit to the President of the Senate and the
122 Speaker of the House of Representatives any legislative
123 recommendations considered necessary by the council to address
124 artificial intelligence.
125 (10) By December 1, 2024, and each December 1 thereafter,
126 the council shall submit to the Governor, the President of the
127 Senate, and the Speaker of the House of Representatives a
128 comprehensive report that includes data, trends, analysis,
129 findings, and recommendations for state and local action
130 regarding ransomware incidents. At a minimum, the report must
131 include:
132 (a) A summary of recommendations by relevant national
133 entities on artificial intelligence systems in state government.
134 (b) An assessment of the impact of using artificial
135 intelligence systems on the liberty, finances, livelihood, and
136 privacy interests of the residents of this state.
137 (c) Recommended policies necessary to:
138 1. Protect the privacy and interests of residents of this
139 state from any decrease in employment caused by artificial
140 intelligence systems.
141 2. Ensure that residents of this state are free from unfair
142 discrimination caused or compounded by the use of artificial
143 intelligence systems.
144 3. Promote the development and deployment of artificial
145 intelligence systems in this state.
146 (d) Any other information the council considers relevant.
147 (11) For purposes of this section, the term “state agency”
148 has the same meaning as in s. 282.318(2).
149 Section 2. Section 501.174, Florida Statutes, is created to
150 read:
151 501.174 Artificial intelligence transparency.—
152 (1) As used in this section, the term:
153 (a) “Artificial intelligence” means software developed with
154 machine-learning, logic-based and knowledge-based, or
155 statistical approaches, which can, for a given set of human
156 defined objectives, generate outputs such as content,
157 predictions, recommendations, or decisions influencing certain
158 environments.
159 (b) “Department” means the Department of Legal Affairs.
160 (2) A for-profit entity or a person who produces or uses
161 artificial intelligence and makes such artificial intelligence
162 content available to the Florida public must create safety and
163 transparency standards, including, but not limited to, the use
164 of watermarks, to make it clear and conspicuous to consumers
165 when content is generated by artificial intelligence.
166 (3) An entity or a person who uses artificial intelligence
167 must provide a clear and conspicuous disclosure statement:
168 (a) When an individual in this state is communicating or
169 interacting with the entity or person through an artificial
170 intelligence mechanism.
171 (b) If a political advertisement uses an image, a likeness,
172 or content that has been generated by artificial intelligence
173 and synthetically or digitally manipulated to convincingly
174 portray a person as another person or as doing or saying
175 something that was not actually done or said. Any such
176 advertisement is subject to requirements and enforcement actions
177 set forth by the Florida Elections Commission.
178 (4) Artificial intelligence may not be used in the creation
179 of obscene material if:
180 (a) The image or information of a minor is used.
181 (b) The biometric information of an identifiable minor is
182 used.
183 (c) The material is created by a person who must register
184 as a sexual predator under s. 775.21(6).
185 (5) This section does not apply to:
186 (a) Use of an image or a likeness for artificial
187 intelligence training purposes as long as the image or likeness
188 is not distributed to or viewable by the public.
189 (b) A person who does not have a legal expectation of
190 privacy as long as disclosure is provided pursuant to subsection
191 (3).
192 (6) A state agency as defined in s. 282.318(2) that uses
193 artificial intelligence shall disclose such use to a person who
194 is interacting with the agency through artificial intelligence
195 and ensure that any confidential information accessible to an
196 artificial intelligence system remains confidential.
197 (7)(a) A violation of subsection (2), subsection (3),
198 subsection (4), or subsection (5) is an unfair and deceptive
199 trade practice actionable solely by the department under part II
200 of this chapter. If the department has reason to believe that a
201 violation of this section has occurred, the department, as the
202 enforcing authority, may bring an action for an unfair or
203 deceptive act or practice. For the purpose of bringing an action
204 pursuant to this section, ss. 501.211 and 501.212 do not apply.
205 In addition to other remedies under part II of this chapter, the
206 department may collect a civil penalty of up to $50,000 per
207 violation of this section.
208 (b) This section does not establish a private cause of
209 action.
210 (8) For purposes of bringing an action pursuant to this
211 section, any entity or person who produces or uses artificial
212 intelligence that is distributed to or viewable by the public in
213 this state is considered to be both engaged in substantial and
214 not isolated activities within this state and operating,
215 conducting, engaging in, or carrying on a business, and doing
216 business in this state, and is therefore subject to the
217 jurisdiction of the courts of this state.
218 (9) The department may adopt rules to implement this
219 section.
220 Section 3. This act shall take effect July 1, 2024.