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: 34 282.802 Government 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: 151 501.174 Artificial 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.