Florida Statutes 106.145 – Use of artificial intelligence
Current as of: 2024 | Check for updates
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(1) As used in this section, the term “generative artificial intelligence” means a machine-based system that can, for a given set of human-defined objectives, emulate the structure and characteristics of input data in order to generate derived synthetic content including images, videos, audio, text, and other digital content.
(2) If a political advertisement, an electioneering communication, or other miscellaneous advertisement of a political nature contains images, video, audio, graphics, or other digital content created in whole or in part with the use of generative artificial intelligence, if the generated content appears to depict a real person performing an action that did not actually occur, and if the generated content was created with intent to injure a candidate or to deceive regarding a ballot issue, the political advertisement, electioneering communication, or other miscellaneous advertisement must prominently state the following disclaimer: “Created in whole or in part with the use of generative artificial intelligence (AI).” The disclaimer required in this section is in addition to any other disclaimer required under this chapter.
(3) The disclaimer must:
For details, see Fla. Stat. § 775.082(4)(a)
(a) For a printed communication, be stated in bold font with a font size of at least 12 points.
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor of the first degree | up to 1 year | up to $1,000 |
Terms Used In Florida Statutes 106.145
- Candidate: means a person to whom any of the following applies:(a) A person who seeks to qualify for nomination or election by means of the petitioning process. See Florida Statutes 106.011
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Division: means the Division of Elections of the Department of State. See Florida Statutes 106.011
- Electioneering communication: means a text message or communication that is publicly distributed by a television station, radio station, cable television system, satellite system, newspaper, magazine, direct mail, or telephone which:
1. See Florida Statutes 106.011- Issue: means a proposition that is required by the State Constitution, by law or resolution of the Legislature, or by the charter, ordinance, or resolution of a political subdivision of this state to be submitted to the electors for their approval or rejection at an election, or a proposition for which a petition is circulated in order to have such proposition placed on the ballot at an election. See Florida Statutes 106.011
- Person: means an individual or a corporation, association, firm, partnership, joint venture, joint stock company, club, organization, estate, trust, business trust, syndicate, or other combination of individuals having collective capacity. See Florida Statutes 106.011
- Political advertisement: means a paid expression in a communications medium prescribed in subsection (4), whether radio, television, newspaper, magazine, periodical, campaign literature, direct mail, or display or by means other than the spoken word in direct conversation, which expressly advocates the election or defeat of a candidate or the approval or rejection of an issue. See Florida Statutes 106.011
(b) For a television or video communication, be clearly readable throughout the communication and occupy at least 4 percent of the vertical picture height.(c) For an Internet public communication that includes text or graphic components, be viewable without the user taking any action and be large enough to be clearly readable.(d) For any audio component of a communication, be at least 3 seconds in length and spoken in a clearly audible and intelligible manner at either the beginning or the end of the audio component of the communication.(e) For a graphic communication, be large enough to be clearly readable but no less than 4 percent of the vertical height of the communication.(4)(a) In addition to any civil penalties provided by law, a person identified pursuant to another disclaimer required under this chapter as paying for, sponsoring, or approving a political advertisement, an electioneering communication, or an other miscellaneous advertisement of a political nature which is required to contain the disclaimer prescribed in this section and who fails to include the required disclaimer commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.(b) Any person may file a complaint with the Florida Elections Commission pursuant to s. 106.25 alleging a violation of this section. The commission shall adopt rules to provide an expedited hearing of complaints filed under this section, or, in cases referred to the Division of Administrative Hearings pursuant to s. 106.25(5), the director shall assign an administrative law judge to provide an expedited hearing.