Florida Senate - 2024                      CS for CS for SB 1680
       
       
        
       By the Committees on Rules; and Judiciary; and Senator Bradley
       
       
       
       
       
       595-03347-24                                          20241680c2
    1                        A bill to be entitled                      
    2         An act relating to advanced technology; creating s.
    3         282.802, F.S.; creating the Government Technology
    4         Modernization Council within the Department of
    5         Management Services for a specified purpose; providing
    6         for council membership, meetings, and duties;
    7         requiring the council to submit specified
    8         recommendations to the Legislature and specified
    9         reports to the Governor and the Legislature by
   10         specified dates; creating s. 827.072, F.S.; defining
   11         terms; prohibiting a person from knowingly possessing
   12         or controlling or intentionally viewing photographs,
   13         motion pictures, representations, images, data files,
   14         computer depictions, or other presentations which the
   15         person knows to include generated child pornography;
   16         providing criminal penalties; prohibiting a person
   17         from intentionally creating generated child
   18         pornography; providing criminal penalties; providing
   19         applicability; amending s. 92.561, F.S.; prohibiting
   20         the reproduction of generated child pornography;
   21         providing an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 282.802, Florida Statutes, is created to
   26  read:
   27         282.802Government Technology Modernization Council.—
   28         (1)The Government Technology Modernization Council, an
   29  advisory council as defined in s. 20.03(7), is created within
   30  the department. Except as otherwise provided in this section,
   31  the advisory council shall operate in a manner consistent with
   32  s. 20.052.
   33         (2)The purpose of the council is to study and monitor the
   34  development and deployment of new technologies and provide
   35  reports on recommendations for procurement and regulation of
   36  such systems to the Governor, the President of the Senate, and
   37  the Speaker of the House of Representatives.
   38         (3)The council shall be composed of the following members:
   39         (a)The Lieutenant Governor.
   40         (b)The state chief information officer.
   41         (c)The Secretary of Commerce.
   42         (d)The Secretary of Health Care Administration.
   43         (e)The Commissioner of Education.
   44         (f)Seven representatives with senior level experience or
   45  expertise in artificial intelligence, cloud computing, identity
   46  management, data science, machine learning, government
   47  procurement, financial technology, education technology, and
   48  constitutional law, with five appointed by the Governor, one
   49  appointed by the President of the Senate, and one appointed by
   50  the Speaker of the House of Representatives.
   51         (g)One member of the Senate, appointed by the President of
   52  the Senate or his or her designee.
   53         (h)One member of the House of Representatives, appointed
   54  by the Speaker of the House of Representatives or his or her
   55  designee.
   56         (4)Members shall serve for terms of 4 years, except that
   57  sitting members of the Senate and the House of Representatives
   58  shall serve terms that correspond with their terms of office.
   59  For the purpose of providing staggered terms, the initial
   60  appointments of members made by the Governor shall be for terms
   61  of 2 years. A vacancy shall be filled for the remainder of the
   62  unexpired term in the same manner as the initial appointment.
   63  All members of the council are eligible for reappointment.
   64         (5)The Secretary of Management Services, or his or her
   65  designee, shall serve as the ex officio, nonvoting executive
   66  director of the council.
   67         (6)Members of the council shall serve without compensation
   68  but are entitled to receive reimbursement for per diem and
   69  travel expenses pursuant to s. 112.061.
   70         (7)(a)The council shall meet at least quarterly to:
   71         1.Recommend legislative and administrative actions that
   72  the Legislature and state agencies as defined in s. 282.318(2)
   73  may take to promote the development of data modernization in
   74  this state.
   75         2.Assess and provide guidance on necessary legislative
   76  reforms and the creation of a state code of ethics for
   77  artificial intelligence systems in state government.
   78         3.Assess the effect of automated decision systems or
   79  identity management on constitutional and other legal rights,
   80  duties, and privileges of residents of this state.
   81         4.Evaluate common standards for artificial intelligence
   82  safety and security measures, including the benefits of
   83  requiring disclosure of the digital provenance for all images
   84  and audio created using generative artificial intelligence as a
   85  means of revealing the origin and edit of the image or audio, as
   86  well as the best methods for such disclosure.
   87         5.Assess the manner in which governmental entities and the
   88  private sector are using artificial intelligence with a focus on
   89  opportunity areas for deployments in systems across this state.
   90         6.Determine the manner in which artificial intelligence is
   91  being exploited by bad actors, including foreign countries of
   92  concern as defined in s. 287.138(1).
   93         7.Evaluate the need for curriculum to prepare school-age
   94  audiences with the digital media and visual literacy skills
   95  needed to navigate the digital information landscape.
   96         (b)At least one quarterly meeting of the council must be a
   97  joint meeting with the Florida Cybersecurity Advisory Council.
   98         (8)By December 31, 2024, and each December 31 thereafter,
   99  the council shall submit to the Governor, the President of the
  100  Senate, and the Speaker of the House of Representatives any
  101  legislative recommendations considered necessary by the council
  102  to modernize government technology, including:
  103         (a)Recommendations for policies necessary to:
  104         1.Accelerate adoption of technologies that will increase
  105  productivity of state enterprise information technology systems,
  106  improve customer service levels of government, and reduce
  107  administrative or operating costs.
  108         2.Promote the development and deployment of artificial
  109  intelligence systems, financial technology, education
  110  technology, or other enterprise management software in this
  111  state.
  112         3.Protect Floridians from bad actors who use artificial
  113  intelligence.
  114         (b)Any other information the council considers relevant.
  115         Section 2. Section 827.072, Florida Statutes, is created to
  116  read:
  117         827.072 Generated child pornography.—
  118         (1)As used in this section, the term:
  119         (a)“Generated child pornography” means any image that has
  120  been created, altered, adapted, or modified by electronic,
  121  mechanical, or other computer-generated means to portray a
  122  fictitious person, who a reasonable person would regard as being
  123  a real person younger than 18 years of age, engaged in sexual
  124  conduct.
  125         (b)“Intentionally view” has the same meaning as in s.
  126  827.071.
  127         (c)“Sexual conduct” has the same meaning as in s. 827.071.
  128         (2)(a)It is unlawful for a person to knowingly possess or
  129  control or intentionally view a photograph, a motion picture, a
  130  representation, an image, a data file, a computer depiction, or
  131  any other presentation which, in whole or in part, he or she
  132  knows includes generated child pornography. The possession,
  133  control, or intentional viewing of each such photograph, motion
  134  picture, representation, image, data file, computer depiction,
  135  or other presentation is a separate offense. A person who
  136  violates this paragraph commits a felony of the third degree,
  137  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  138         (b)A person who intentionally creates generated child
  139  pornography commits a felony of the third degree, punishable as
  140  provided in s. 775.082, s. 775.083, or s. 775.084.
  141         (c) Paragraph (a) does not apply to any material possessed,
  142  controlled, or intentionally viewed as part of a law enforcement
  143  investigation.
  144         Section 3. Section 92.561, Florida Statutes, is amended to
  145  read:
  146         92.561 Prohibition on reproduction of child pornography.—
  147         (1) In a criminal proceeding, any property or material that
  148  portrays sexual performance by a child as defined in s. 827.071,
  149  generated child pornography as defined in s. 827.072, or
  150  constitutes child pornography as defined in s. 847.001, must
  151  remain secured or locked in the care, custody, and control of a
  152  law enforcement agency, the state attorney, or the court.
  153         (2) Notwithstanding any law or rule of court, a court shall
  154  deny, in a criminal proceeding, any request by the defendant to
  155  copy, photograph, duplicate, or otherwise reproduce any property
  156  or material that portrays sexual performance by a child,
  157  generated child pornography, or constitutes child pornography so
  158  long as the state attorney makes the property or material
  159  reasonably available to the defendant.
  160         (3) For purposes of this section, property or material is
  161  deemed to be reasonably available to the defendant if the state
  162  attorney provides ample opportunity at a designated facility for
  163  the inspection, viewing, and examination of the property or
  164  material that portrays sexual performance by a child, generated
  165  child pornography, or constitutes child pornography by the
  166  defendant, his or her attorney, or any individual whom the
  167  defendant uses as an expert during the discovery process or at a
  168  court proceeding.
  169         Section 4. This act shall take effect July 1, 2024.