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         282.802Government 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         501.174Artificial 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.