Florida Senate - 2024                              CS for SB 850
       
       
        
       By the Committee on Ethics and Elections; and Senator DiCeglie
       
       
       
       
       
       582-02132-24                                           2024850c1
    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 criminal penalties;
    9         authorizing the filing of complaints regarding
   10         violations with the Florida Elections Commission;
   11         requiring the commission to adopt specified rules;
   12         requiring the director of the Division of
   13         Administrative Hearings to assign an administrative
   14         law judge to provide an expedited hearing if certain
   15         conditions exist; providing an 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, the generated content
   33  appears to depict a real person performing an action that did
   34  not actually occur, and the generated content was created with
   35  intent to injure a candidate or to deceive regarding a ballot
   36  issue, the political advertisement, electioneering
   37  communication, or other miscellaneous advertisement must
   38  prominently state the following disclaimer: “Created in whole or
   39  in part with the use of generative artificial intelligence
   40  (AI).”
   41         (3)(a) A person who fails to include the disclaimer
   42  prescribed in this section in any political advertisement,
   43  electioneering communication, or other miscellaneous
   44  advertisement of a political nature which is required to contain
   45  such disclaimer commits a misdemeanor of the first degree,
   46  punishable as provided in s. 775.082 or s. 775.083.
   47         (b) A person may file a complaint with the Florida
   48  Elections Commission pursuant to s. 106.25 alleging a violation
   49  of this section. The commission shall adopt rules to provide an
   50  expedited hearing of complaints filed under this section, or, in
   51  cases referred to the Division of Administrative Hearings
   52  pursuant to s. 106.25(5), the director shall assign an
   53  administrative law judge to provide an expedited hearing.
   54         Section 2. This act shall take effect July 1, 2024.