Florida Senate - 2024                                     SB 850
       
       
        
       By Senator DiCeglie
       
       
       
       
       
       18-01130-24                                            2024850__
    1                        A bill to be entitled                      
    2         An act relating to the use of artificial intelligence
    3         in political advertising; creating s. 106.145, F.S.;
    4         defining the term “generative artificial
    5         intelligence”; requiring that certain political
    6         advertisements, electioneering communications, or
    7         other miscellaneous advertisements include a specified
    8         disclaimer; providing for civil penalties; authorizing
    9         the filing of complaints regarding violations with the
   10         Florida Elections Commission; requiring the commission
   11         to adopt specified rules; requiring the director of
   12         the Division of Administrative Hearings to assign an
   13         administrative law judge to provide an expedited
   14         hearing if certain conditions exist; providing an
   15         effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 106.145, Florida Statutes, is created to
   20  read:
   21         106.145 Use of artificial intelligence.—
   22         (1) As used in this section, the term “generative
   23  artificial intelligence” means a machine-based system that can,
   24  for a given set of human-defined objectives, emulate the
   25  structure and characteristics of input data in order to generate
   26  derived synthetic content, including images, video, audio, text,
   27  and other digital content.
   28         (2) If a political advertisement, electioneering
   29  communication, or other miscellaneous advertisement of a
   30  political nature contains images, video, audio, text, or other
   31  digital content created in whole or in part with the use of
   32  generative artificial intelligence and the generated content
   33  appears to depict a real person performing an action that did
   34  not actually occur, the political advertisement, electioneering
   35  communication, or other such miscellaneous advertisement must
   36  prominently state the following disclaimer: “Created in whole or
   37  in part with the use of generative artificial intelligence
   38  (AI).”
   39         (3)(a) A person who fails to include the disclaimer
   40  prescribed in this section in any political advertisement,
   41  electioneering communication, or other miscellaneous
   42  advertisement of a political nature that is required to contain
   43  such disclaimer is subject to the civil penalties prescribed in
   44  s. 106.265.
   45         (b) A person may file a complaint with the Florida
   46  Elections Commission pursuant to s. 106.25 alleging a violation
   47  of this section. The commission shall adopt rules to provide an
   48  expedited hearing of complaints filed under this section, or, in
   49  cases referred to the Division of Administrative Hearings
   50  pursuant to s. 106.25(5), the director shall assign an
   51  administrative law judge to provide an expedited hearing.
   52         Section 2. This act shall take effect July 1, 2024.