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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).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-3220-commerce-committee-proposed-committee-bills-pcbs-fn-pcs-for-84787fd0e8/, SHA-256 949105fd88129dd230fcb0a918354883e27d410af49c8ad5cf93572e82347a40.

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           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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        PCS for HB 1459                                                                                      2024




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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         PCS for HB 1459                                                                                      2024




 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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         PCS for HB 1459                                                                                      2024




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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         PCS for HB 1459                                                                                      2024




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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         PCS for HB 1459                                                                                      2024




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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         PCS for HB 1459                                                                                      2024




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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         PCS for HB 1459                                                                                      2024




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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         PCS for HB 1459                                                                                      2024




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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