Florida Senate - 2024 CS for CS for SB 850
By the Committees on Rules; and Ethics and Elections; and
Senator DiCeglie
595-03107-24 2024850c2
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; specifying requirements for the
9 disclaimer; providing for civil and criminal
10 penalties; authorizing the filing of complaints
11 regarding violations with the Florida Elections
12 Commission; requiring the commission to adopt
13 specified rules; requiring the director of the
14 Division of Administrative Hearings to assign an
15 administrative law judge to provide an expedited
16 hearing if certain conditions exist; providing an
17 effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Section 106.145, Florida Statutes, is created to
22 read:
23 106.145 Use of artificial intelligence.—
24 (1) As used in this section, the term “generative
25 artificial intelligence” means a machine-based system that can,
26 for a given set of human-defined objectives, emulate the
27 structure and characteristics of input data in order to generate
28 derived synthetic content, including images, video, audio, text,
29 and other digital content.
30 (2) If a political advertisement, an electioneering
31 communication, or other miscellaneous advertisement of a
32 political nature contains images, video, audio, graphics, or
33 other digital content created in whole or in part with the use
34 of generative artificial intelligence, if the generated content
35 appears to depict a real person performing an action that did
36 not actually occur, and if the generated content was created
37 with intent to injure a candidate or to deceive regarding a
38 ballot issue, the political advertisement, electioneering
39 communication, or other miscellaneous advertisement must
40 prominently state the following disclaimer: “Created in whole or
41 in part with the use of generative artificial intelligence
42 (AI).”
43 (3) The disclaimer must:
44 (a) For a printed communication, be stated in bold font
45 with a font size of at least 12 points.
46 (b) For a television or video communication, be clearly
47 readable throughout the communication and occupy at least 4
48 percent of the vertical picture height.
49 (c) For an Internet public communication that includes text
50 or graphic components, be viewable without the user taking any
51 action and be large enough to be clearly readable.
52 (d) For any audio component of a communication, be at least
53 3 seconds in length and spoken in a clearly audible and
54 intelligible manner at either the beginning or the end of the
55 audio component of the communication.
56 (e) For a graphic communication, appear in letters at least
57 as large as the majority of the text in the communication.
58 (4)(a) In addition to any civil penalties provided by law,
59 a person who pays for, sponsors, or approves a political
60 advertisement, an electioneering communication, or other
61 miscellaneous advertisement of a political nature which is
62 required to contain the disclaimer prescribed in this section
63 and who fails to include the required disclaimer commits a
64 misdemeanor of the first degree, punishable as provided in s.
65 775.082 or s. 775.083.
66 (b) A person may file a complaint with the Florida
67 Elections Commission pursuant to s. 106.25 alleging a violation
68 of this section. The commission shall adopt rules to provide an
69 expedited hearing of complaints filed under this section, or, in
70 cases referred to the Division of Administrative Hearings
71 pursuant to s. 106.25(5), the director shall assign an
72 administrative law judge to provide an expedited hearing.
73 Section 2. This act shall take effect July 1, 2024.