The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/CS/SB 850
INTRODUCER: Rules Committee; Ethics and Elections Committee; and Senator DiCeglie
SUBJECT: Use of Artificial Intelligence in Political Advertising
DATE: February 9, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Biehl Roberts EE Fav/CS
2. Biehl Twogood RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 850 creates a definition for “generative artificial intelligence” and requires a
disclaimer be included on specified forms of political advertisements created with generative
artificial intelligence (AI).
The bill specifies that in addition to any existing civil penalties provided by law, a person who
pays for, sponsors, or approves a form of political advertisement which is required to include the
AI disclaimer but fails to include it commits a first-degree misdemeanor. In addition, the bill
prescribes an expedited process for resolution of a civil complaint to the Florida Elections
Commission of a violation of the AI disclaimer requirement.
The bill takes effect July 1, 2024.
II. Present Situation:
Disclaimer Requirements for Political Advertising
Current law defines “political advertisement” to mean a paid expression in a communications
medium,1 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
1
Section 106.011(4), F.S., defines “communications medium” to include broadcasting stations, newspapers, magazines,
outdoor advertising facilities, printers, direct mail, advertising agencies, the Internet, and telephone companies.
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advocates the election or defeat of a candidate or the approval or rejection of an issue.2 However,
the term does not include:
 A statement by an organization, in existence before the time during which a candidate
qualifies or an issue is placed on the ballot for that election, in support of or in opposition to a
candidate or issue, in that organization’s newsletter, which newsletter is distributed only to
the members of that organization.
 Editorial endorsements by a newspaper, a radio or television station, or any other recognized
news medium.3
An “electioneering communication” is 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:
 Refers to or depicts a clearly identified candidate for office without expressly advocating the
election or defeat of a candidate but that is susceptible of no reasonable interpretation other
than an appeal to vote for or against a specific candidate;
 Is made within 30 days before a primary or special primary election or 60 days before any
other election for the office sought by the candidate; and
 Is targeted to the relevant electorate in the geographic area the candidate would represent if
elected.4
Specified types of communications are exempted from the definition.5
Political advertisements, electioneering communications, and certain text message and telephone
solicitations must disclose who approved and paid for the advertisement or communication.6
Voter guides also must include the required disclaimers, as applicable, and be marked “Voter
Guide.”7 In addition, any advertisement, other than a political advertisement, independent
expenditure,8 or electioneering communication, on billboards, bumper stickers, radio, or
television, or in a newspaper, a magazine, or a periodical, intended to influence public policy or
the vote of a public official, must clearly designate the sponsor of such advertisement by
including a statement of sponsorship.9
2
Section 106.011(15), F.S.
3
Id.
4
Section 106.011(8)(a), F.S.
5
See s. 106.011(8)(b), F.S.
6
Sections 106.071, 106.143, 106.1439, and 106.147, F.S. A failure to include a required disclaimer for an electioneering
communication or for a political advertisement paid for by independent expenditure constitutes a first-degree misdemeanor
(ss. 106.1439(2) and 106.071(4), F.S.). A willful failure to include a required disclaimer for other political advertisements is
subject to prescribed civil penalties (s. 106.143(11), F.S.). A willful violation of text message and telephone solicitation
requirements constitutes a first-degree misdemeanor (s. 106.147(4), F.S.).
7
Section 106.1436, F.S. The term “voter guide” means direct mail that is either an electioneering communication or a
political advertisement sent for the purpose of advocating for or endorsing particular issues or candidates by recommending
specific electoral choices to the voter or by indicating issue or candidate selections on an unofficial ballot (s. 106.1436(1),
F.S.). In addition to any other penalties provided by law, a person who fails to include the required disclaimer commits a
first-degree misdemeanor (s. 106.1436(4), F.S.).
8
Section 106.011(12)(a), F.S., defines “independent expenditure” to mean an expenditure by a person for the purpose of
expressly advocating the election or defeat of a candidate or the approval or rejection of an issue, which expenditure is not
controlled by, coordinated with, or made upon consultation with, any candidate, political committee, or agent of such
candidate or committee.
9
Section 106.1437, F.S. The section does not specify a penalty for failure to include the required statement.
BILL: CS/CS/SB 850 Page 3
Generally, penalties for failure to include a required disclaimer apply to a “person” as defined in
s. 106.011(14), F.S. – 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. The term includes a political party,
affiliated party committee, or political committee. Examples of past cases relating to existing
Florida Election Code10 requirements that apply to a “person:”
 Allowed for an officer of a political committee to be held personally liable for failure to
include a required disclaimer on a political advertisement;11
 Imposed penalties on a political consulting firm and the president of the firm for failing to
include disclaimers in, and report expenditures for, certain independent political
advertisements;12
 Imposed penalties on a political committee for exceeding contribution limits;13 and
 Allowed a corporation to be criminally charged for exceeding a contribution limit.14
Florida law does not currently require a disclaimer for the use of artificial intelligence (AI) in
any form of political advertising.
Florida Elections Commission
The Florida Elections Commission (commission) has jurisdiction15 to investigate and determine
violations of campaign finance laws and other specified provisions of the Florida Election
Code16 upon receipt of a report by the Division of Elections17 or a sworn complaint.18 Upon a
finding of a violation of one of the laws under its jurisdiction, the commission, or in cases
referred to the Division of Administrative Hearings, an administrative law judge, may impose
fines up to $2,500 per count.19
Election-Related Use of Artificial Intelligence
Effect of AI Use on Elections
Nationally, the proliferation of generative AI20 use and its outpacing of government regulation
has created concern among policymakers about its potentially negative effect on the electoral
10
Chapters 97-106, F.S., are known as “The Florida Election Code” (s. 97.011, F.S.).
11
See Fulton v. Division of Elections, 689 So.2d 1180 (Fla. Dist. Ct. App. 1997).
12
See Guetzloe v. Florida Elections Commission, 927 So.2d 942 (Fla. Dist. Ct. App. 2006).
13
See Florida PBA-PAC v. Division of Elections, 430 So.2d 483 (Fla. Dist. Ct. App. 1983).
14
See Winn-Dixie Stores, Inc., v. State of Florida, 408 So.2d 211 (Fla. 1982).
15
For the purposes of commission jurisdiction, a violation means the willful performance of an act prohibited by ch. 104 or
106, F.S., or the willful failure to perform an act required by such chapters. Willfulness is a determination of fact. Section
106.25(3), F.S.
16
Section 106.25(2), F.S. The commission is housed within the Department of Legal Affairs, but is not subject to the
department’s control, supervision, or direction (s. 106.24(1), F.S.).
17
The Division of Elections is an administrative unit of the Department of State (s. 97.021(9), F.S.).
18
Section 106.25(4), F.S.
19
Section 106.265, F.S. The fine may be multiplied by a factor of 3, not to exceed $7,500, after a person commits three
counts of the same category of offense. If applicable, the commission or administrative law judge may instead impose a civil
penalty as provided in s. 104.271 or s. 106.19, F.S.
20
Generally speaking, it is the creation of new content that distinguishes generative AI from the artificial intelligence that is
used to make predictions or carry out analytical tasks based on inputs and learned behaviors.
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process. Specific concerns include, but are not limited to, voter misinformation by chatbots,21
phishing scams on election officials through AI-generated voices, and the use of deepfakes22 to
deceive voters and damage political rivals. Over time, the use of AI may also erode trust in
authentic information.23
Federal Action
The current presidential administration has taken a number of actions related to use of AI
generally, including creating a government website specific to the issue, creating an “AI Bill of
Rights,” and issuing an executive order directing a range of federal agencies to establish
guidelines and best practices for use of AI.24
Legislative proposals from members of Congress related to AI and elections include:
 A comprehensive regulatory framework for AI that includes, among other provisions,
assorted transparency requirements.25
 Bills requiring political advertisements that include content generated by AI to bear a
disclaimer stating such.26
 A bill prohibiting the distribution of materially deceptive AI-generated audio or visual media
relating to candidates for federal office.27
 A bill prohibiting certain political communications that contain materially deceptive audio
generated by AI which impersonates a candidate’s voice.28
In addition, the Federal Elections Commission received a petition asking the commission to
clarify in rule that AI-generated campaign advertisements are subject to a statutory prohibition
against fraudulent misrepresentation of other candidates or political parties.29 The commission
sought public testimony on the petition. Public comment closed on October 16, 2023, and the
commission has not yet taken further action.30
21
IBM defines “chatbot” to mean a computer program that simulates human conversation with an end user (see What is a
Chatbot?, available at https://www.ibm.com/topics/chatbots (last visited January 12, 2024)).
22
Although exact definitions of “deepfake” vary, all reflect a depiction of something that has not actually occurred. Merriam-
Webster, for example, defines “deepfake” to mean an image or recording that has been convincingly altered and manipulated
to misrepresent someone as doing or saying something that was not actually said or done (see https://www.merriam-
webster.com/dictionary/deepfake, last visited January 12, 2024).
23
National Conference of State Legislatures, Challenges Ahead for Lawmakers Seeking to Legislate AI in Campaigns,
available at https://www.ncsl.org/state-legislatures-news/details/challenges-ahead-for-lawmakers-seeking-to-legislate-ai-in-
campaigns?utm_source=national+conference+of+state+legislatures&utm_term=0_-61bea1f450-
%5blist_email_id%5d&utm_campaign=8fbf8e40e8-canvass-jan-4&utm_medium=email (last visited January 12, 2024).
24
See ai.gov (last visited January 12, 2024), and Executive Order No. 14110, Safe, Secure, and Trustworthy Development
and Use of Artificial Intelligence, 88 Fed. Reg. 75191 (Oct. 30, 2023).
25
By Senators Richard Blumenthal and Josh Hawley. A bill has not yet been filed.
26
S. 1596 (Senator Amy Klobuchar) and H.R. 3044 (Representative Yvette Clarke). Instead of providing a definition for
“artificial intelligence” within the bills, the legislation directs the Federal Election Commission to create a definition.
27
S. 2077 (Senator Amy Klobuchar).
28
H.R. 4611 (Representative Adriano Espaillat).
29
The statutory prohibition is found in 52 U.S.C. 30124.
30
Federal Elections Commission, Comments sought on amending regulation to include deliberately deceptive Artificial
Intelligence in campaign ads, https://www.fec.gov/updates/comments-sought-on-amending-regulation-to-include-
deliberately-deceptive-artificial-intelligence-in-campaign-ads/ (last visited January 12, 2024). Also see Pillsbury Law,
Artificial Intelligence-Generated Content in Political Ads Raises New Concerns for Broadcasters, available at
https://www.pillsburylaw.com/en/news-and-insights/ai-generated-content-broadcasters.html (last visited January 12, 2024).
BILL: CS/CS/SB 850 Page 5
Related to robocalls generally, on February 8, 2024, the Federal Communications Commission
released an order that interprets the Telephone Consumer Protection Act’s restrictions on the use
of “artificial or prerecorded voice”31 to encompass current AI technologies that generate human
voices.32 As a result, calls that use such technologies, including political calls, will “require the
prior express consent of the called party to initiate such calls absent an emergency purpose or
exemption.”33
Other States
The National Conference of State Legislatures reports the following 2023 state legislation related
to the use of AI in elections and campaigns:
 In Arizona, a vetoed bill prohibiting use of AI in voting systems.
 In Illinois, a failed bill prohibiting the use of deepfake videos to influence an election 30 days
prior to an election.
 In Indiana, a failed bill requiring a disclosure on doctored media used to influence an
election.
 In Michigan, enacted bills requiring a disclosure on political ads generated by AI and
prohibiting the publication of materially deceptive media 90 days prior to an election where a
candidate will appear on the ballot, unless it includes a disclosure that the media has been
manipulated.
 In Minnesota, an enacted bill prohibiting the publication of deepfake media to influence an
election 90 days prior to an election.
 In New Jersey, failed bills prohibiting the publication of deceptive media for a specified
number of days prior to an election where a candidate will appear on the ballot, unless it
includes a disclosure that the media has been manipulated, and prohibiting the use of videos
that falsely depict an election or policy debate.
 In New York, failed bills prohibiting the use of synthetic media to influence an election and
requiring political communications that contain synthetic media to contain a disclaimer.
 In Washington, an enacted bill requiring a disclosure on synthetic media used to influence an
election.
 In Wisconsin, a pending bill requiring political communications that contain synthetic media
to contain a disclaimer.34
In 2019, Texas created a criminal offense for creating or distributing a “deep fake video” created
with AI, with the intent to deceive and injure a candidate or influence the result of an election,
which depicts a real person performing an action that did not occur in reality. 35
31
See 47 U.S.C. § 227(b); 47 CFR § 64.1200(a)(1), (3).
32
The Telephone Consumer Protection Act of 1991 regulates any call made using an “automatic telephone dialing system” or
an artificial or prerecorded voice. Any such call is considered a “robocall.” See Telephone Consumer Protection Act of 1991,
Pub. L. No. 102-243, 105 Stat. 2394 (1991), codified at 47 U.S.C. § 227.
33
Federal Communications Commission declaratory ruling, In the Matter of Implications of Artificial Intelligence
Technologies on Protecting Consumers from Unwanted Robocalls and Robotexts, released February 8, 2024.
34
National Conference of State Legislature