PCS for HB 1459 — Advanced Technology (Commerce Committee, 2024)
Summary
Proposed committee substitute PCS for HB 1459 (2024), a bill to be entitled An act relating to advanced technology. It creates section 282.802, Florida Statutes, the Government Technology Modernization Council within the Department of Management Services, to study and monitor artificial intelligence systems and report to the Governor and the Legislature. It creates section 501.174, which requires safety and transparency standards for content, images and videos generated by artificial intelligence and authorizes the Department of Legal Affairs to bring an action under the Florida Deceptive and Unfair Trade Practices Act. It also amends sections 775.0847 and 827.071 and takes effect July 1, 2024.
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“PCS for HB 1459 — Advanced Technology (Commerce Committee, 2024).”
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1459 2024
1 A bill to be entitled
2 An act relating to advanced technology; creating s.
3 282.802, F.S.; creating the Government Technology
4 Modernization Council within the Department of
5 Management Services for a specified purpose; providing
6 for council membership, meetings, and duties;
7 requiring the council to submit specified
8 recommendations to the Legislature and specified
9 reports to the Governor and the Legislature by
10 specified dates; creating s. 501.174, F.S.; providing
11 definitions; requiring certain entities and persons to
12 create safety and transparency standards for content,
13 images, and videos generated by artificial
14 intelligence; requiring disclosures for certain
15 communications, interactions, and content; prohibiting
16 the use of artificial intelligence in the creation of
17 child pornography under certain conditions; providing
18 applicability; requiring certain state agencies to
19 provide certain disclosures; authorizing the
20 Department of Legal Affairs to bring an action for
21 violations under the Florida Deceptive and Unfair
22 Trade Practices Act; providing civil penalties;
23 providing that the act does not establish private
24 causes of action; providing that certain entities and
25 persons are subject to the jurisdiction of state
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PCS for HB 1459 2024
26 courts; authorizing the department to adopt rules;
27 amending s. 775.0847, F.S.; amending a definition;
28 amending s. 827.071, F.S.; amending a definition;
29 providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Section 282.802, Florida Statutes, is created
34 to read:
35 282.802 Government Technology Modernization Council. —
36 (1) The Government Technology Modernization Council, an
37 advisory council as defined in s. 20.03(7), is created within
38 the department. Except as otherwise provided in this section,
39 the advisory council shall operate in a manner consistent with
40 s. 20.052.
41 (2) The purpose of the council is to study and monitor the
42 development and deployment of artificial intelligence systems
43 and provide reports on such systems to the Governor and the
44 Legislature.
45 (3) The council shall be comprised of the following
46 members:
47 (a) The Lieutenant Governor.
48 (b) The state chief information officer.
49 (c) The State Surgeon General.
50 (d) The Secretary of Health Care Administration.
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51 (e) A representative of the computer crime center of the
52 Department of Law Enforcement, appointed by the executive
53 director of the Department of Law Enforcement.
54 (f) The Chief Inspector General.
55 (g) Thirteen representatives of institutions of higher
56 education located in this state or the private sector with
57 senior level experience or expertise in artificial intelligence,
58 cloud computing, identity management, data science, machine
59 learning, government procurement, and constitutional law, with
60 seven appointed by the Governor, three appointed by the
61 President of the Senate, and three appointed by the Speaker of
62 the House of Representatives.
63 (h) One member of the Senate, appointed by the President
64 of 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 terms of 4 years, except that
69 sitting members of the Senate and the House of Representatives
70 shall serve terms that correspond with their terms of office.
71 For the purpose of providing staggered terms, the initial
72 appointments of members made by the Governor shall be for terms
73 of 2 years. A vacancy shall be filled for the remainder of the
74 unexpired term in the same manner as the initial appointment.
75 All members of the council are eligible for reappointment.
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76 (5) The Secretary of Management Services, or his or her
77 designee, shall serve as the ex officio, nonvoting executive
78 director of the council.
79 (6) Members of the council shall serve without
80 compensation but are entitled to receive reimbursement for per
81 diem and travel expenses pursuant to s. 112.061.
82 (7) Members of the council shall maintain the confidential
83 and exempt status of information received in the performance of
84 their duties and responsibilities as members of the council. In
85 accordance with s. 112.313, a current or former member of the
86 council may not disclose or use information not available to the
87 general public and gained by reason of his or her official
88 position, except for information relating exclusively to
89 governmental practices, for his or her personal gain or benefit
90 or for the personal gain or benefit of any other person or
91 business entity. Members of the council shall sign an agreement
92 acknowledging the provisions of this subsection.
93 (8) The council shall meet at least quarterly to:
94 (a) Assess and provide guidance on necessary legislative
95 reforms and the creation of a state code of ethics for
96 artificial intelligence systems in state government.
97 (b) Assess the effect of automated decision systems on
98 constitutional and other legal rights, duties, and privileges of
99 residents of this state.
100 (c) Study the potential benefits, liabilities, and risks
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101 that this state, residents of this state, and businesses may
102 incur as a result of implementing automated decision systems.
103 (d) Recommend legislative and administrative actions that
104 the Legislature and state agencies as defined in s. 282.318(2)
105 may take to promote the development of data modernization in
106 this state.
107 (e) Assess where artificial intelligence is deployed
108 today.
109 (f) Evaluate common standards for artificial intelligence
110 safety and security measures.
111 (g) Assess how governmental entities and the private
112 sector are using artificial intelligence with a focus on
113 opportunity areas for deployments in systems across this state.
114 (h) Determine how artificial intelligence is being
115 exploited by bad actors, including foreign countries of concern
116 as defined in s. 287.138(1).
117 (9) By June 30, 2024, and each June 30 thereafter, the
118 council shall submit to the President of the Senate and the
119 Speaker of the House of Representatives any legislative
120 recommendations considered necessary by the council to modernize
121 government technology.
122 (10) By December 1, 2024, and each December 1 thereafter,
123 the council shall submit to the Governor, the President of the
124 Senate, and the Speaker of the House of Representatives a
125 comprehensive report that includes data, trends, analysis,
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126 findings, and recommendations for state and local action
127 regarding ransomware incidents. At a minimum, the report must
128 include:
129 (a) A summary of recommendations by relevant national
130 entities on technology systems in state government, including,
131 but not limited to, artificial intelligence, cloud computing,
132 identity management, and financial technology.
133 (b) An assessment of the impact of using artificial
134 intelligence systems on the liberty, finances, livelihood, and
135 privacy interests of residents of this state.
136 (c) Recommended policies necessary to:
137 1. Protect the privacy interests of residents of this
138 state from any decrease in employment caused by artificial
139 intelligence systems.
140 2. Ensure that residents of this state are free from
141 unfair discrimination caused or compounded by the employment of
142 artificial intelligence systems.
143 3. Promote the development and deployment of artificial
144 intelligence systems in this state.
145 (d) Any other information the council considers relevant.
146 Section 2. Section 501.174, Florida Statutes, is created
147 to read:
148 501.174 Artificial intelligence transparency.—
149 (1) As used in this section, the term:
150 (a) "Artificial intelligence" means software that is
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151 developed with machine-learning, logic and knowledge-based, or
152 statistical approaches and can, for a given set of human -defined
153 objectives, generate or synthesize outputs such as content,
154 predictions, recommendations, or decisions influencing certain
155 environments.
156 (b) "Department" means the Department of Legal Affairs.
157 (2) An entity or person who produces or offers for use or
158 interaction artificial intelligence content or technology for a
159 commercial purpose, and makes such content or technology
160 available to the Florida public, must create safety and
161 transparency standards that:
162 (a) Alert consumers that such content or technology is
163 generated by artificial intelligence.
164 (b) Allow such content or technology to be recognizable as
165 generated by artificial intelligence to other artificial
166 intelligence.
167 (3) If a natural person in this state is able to
168 communicate or interact with an entity or person for commercial
169 purposes through an artificial intelligence mechanism, such
170 entity or a person must provide a clear and conspicuous
171 statement on the entity’s or person’s Internet homepage or
172 landing page that such mechanism is generated by artificial
173 intelligence.
174 (4) Any entity or person may not knowingly produce,
175 generate, incorporate, or synthesize through artificial
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176 intelligence child pornography as defined in s. 775.0847.
177 (5) Any state agency as defined in s. 282.318(2) that uses
178 artificial intelligence must disclose if a person is interacting
179 with artificial intelligence when interacting with the agency
180 and ensure that any confidential information accessible to an
181 artificial intelligence system remains confidential.
182 (6)(a) Any violation of subsection (2), subsection (3), or
183 subsection (4) is an unfair and deceptive trade practice
184 actionable under part II of chapter 501 solely by the
185 department. If the department has reason to believe that a
186 violation of this section has occurred, the department, as the
187 enforcing authority, may bring an action for an unfair or
188 deceptive act or practice. For the purpose of bringing an action
189 pursuant to this section, ss. 501.211 and 501.212 do not apply.
190 In addition to other remedies under part II of chapter 501, the
191 department may collect a civil penalty of up to $50,000 per
192 violation of this section.
193 (b) This section does not establish a private cause of
194 action.
195 (7) For purposes of bringing an action pursuant to this
196 section, any entity or person who produces or uses artificial
197 intelligence that is distributed to or viewable by the public in
198 this state is considered to be both engaged in substantial and
199 not isolated activities within this state and operating,
200 conducting, engaging in, or carrying on a business, and doing
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201 business in this state, and is therefore subject to the
202 jurisdiction of the courts of this state.
203 (8) The department may adopt rules to implement this
204 section.
205 Section 3. Paragraph (b) of subsection (1) of section
206 775.0847, Florida Statutes, is amended to read:
207 775.0847 Possession or promotion of certain images of
208 child pornography; reclassification.—
209 (1) For purposes of this section:
210 (b) "Child pornography" means:
211 1. Any image depicting a minor engaged in sexual conduct;
212 or
213 2. Any image that has been created, altered, adapted, or
214 modified by electronic, mechanical, or other means, to portray
215 an identifiable minor engaged in sexual conduct; or
216 3. Any image or presentation produced, generated,
217 incorporated, or synthesized through artificial intelligence as
218 defined in s. 501.174 that uses an image of an identifiable
219 minor to depict or portray a minor engaged in sexual conduct .
220
221 For purposes of sentencing under chapter 921 and determining
222 incentive gain-time eligibility under chapter 944, a felony
223 offense that is reclassified under this section is ranked one
224 level above the ranking under s. 921.0022 or s. 921.0023 of the
225 offense committed.
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226 Section 4. Paragraph (b) of subsection (1) of section
227 827.071, Florida Statutes, is amended to read:
228 827.071 Sexual performance by a child; child pornography;
229 penalties.—
230 (1) As used in this section, the following definitions
231 shall apply:
232 (b) "Child pornography" means:
233 1. Any image depicting a minor engaged in sexual conduct;
234 or
235 2. Any image that has been created, altered, adapted, or
236 modified by electronic, mechanical, or other means, to portray
237 an identifiable minor engaged in sexual conduct; or
238 3. Any image or presentation produced, generated,
239 incorporated, or synthesized through artificial intelligence as
240 defined in s. 501.174 that uses an image of an identifiable
241 minor to depict or portray a minor engaged in sexual conduct .
242 Section 5. This act shall take effect July 1, 2024.
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PCS for HB 1459
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