HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 919 Artificial Intelligence Use in Political Advertising
SPONSOR(S): State Affairs Committee, Rizo and others
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 850
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Ethics, Elections & Open Government 15 Y, 2 N Skinner Toliver
Subcommittee
2) Justice Appropriations Subcommittee 12 Y, 0 N Saag Keith
3) State Affairs Committee 18 Y, 2 N, As CS Skinner Williamson
SUMMARY ANALYSIS
The Florida Election Code requires certain disclaimers for political advertisements, electioneering
communications, miscellaneous advertisements, and voter guides. Such disclaimers generally must disclose
who has paid for or sponsored the advertisement or electioneering communication. The Florida Elections
Commission (Commission) has jurisdiction to investigate and determine campaign finance violations, as well
as other violations of the Florida Election Code.
Recently, concerns have emerged regarding the use of artificial intelligence (AI) in political campaigns and
other election-related activities, including the use of artificially manipulated audio or video content in political
advertisements, as it can be used to deceive voters or damage political rivals.
The bill requires a political advertisement, electioneering communication, or other miscellaneous advertisement
of a political nature that contains an image, a video, audio, graphic, or other digital content, created in whole or
in part, with the use of generative AI that appears to depict a real person performing an action that did not
occur in reality, and was created with intent to injure a candidate or to deceive regarding a ballot issue, to
include a certain disclaimer, in addition to all other applicable disclaimers. The bill creates specific
requirements for the disclaimer that are dependent upon the media used. The bill defines “generative artificial
intelligence” as 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.
The bill provides that in addition to any civil penalties provides by law, a person identified pursuant to another
disclaimer required for campaign finance purposes as paying for, sponsoring, or approving an advertisement or
electioneering communication of a political nature that is required to include the AI disclaimer and fails to do so
commits a first-degree misdemeanor.
The bill permits a complaint to be filed with the Commission if such disclaimer is not included on the
advertisement or communication. The bill subjects a person who fails to include the required disclaimer to civil
penalties. Lastly, the bill requires the Commission to adopt rules to provide for expedited hearings of such
complaints.
The bill may have an indeterminate positive fiscal impact on state revenues associated with a possible
increase in the collection of civil penalties. However, the bill may also have an indeterminate, but likely
insignificant negative impact on state expenditures due to workload associated with enforcement. The bill does
not appear to have a fiscal impact on local governments.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Campaign Finance – Required Disclaimers
Political Advertisements
A political advertisement is a paid expression in a communications medium 1 that expressly advocates 2
the election or defeat of a candidate or the approval or rejection of an issue. 3
The Florida Election Code4 requires political advertisements to have certain disclaimers, such as
statements disclosing who is paying for the political advertisement along with the address of such
persons, the name of candidate, the candidate’s party affiliation, and the office sought.5
Electioneering Communications
Electioneering communications 6 are text messages or communications publicly distributed by a
television station, radio station, cable television system, satellite system, newspaper, magazine, direct
mail, or telephone that:
 Refer to or depict 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.
 Are made within 30 days before a primary or special general election or for 60 days before any
other election for the office sought by the candidate.
 Are targeted to the relevant electorate in the geographic area the candidate would represent if
elected.7
Any electioneering communication, other than a text message or a telephone call, must prominently
state the following:
“Paid electioneering communication paid for by (Name and address of person
paying for the communication).”8
Miscellaneous Advertisements
Any advertisement — other than a political advertisement, independent expenditure, 9 or electioneering
communication — on billboards, bumper stickers, radio, or television, or in a newspaper, a magazine,
or a periodical, that is intended to influence public policy or the vote of a public official, must clearly
1 “Communications media” means broadcasting stations, newspapers, magazines, outdoor advertising facilities, printers, direct mail,
advertising agencies, the Internet, and telephone companies. See s. 106.011(4), F.S.
2 “Expressly advocates,” while not defined in the Florida Election Code, has been determined by the Division of Elections to mean
any communication which uses phrases including, but not limited to: “vote for”, “elect,” “support,” “cast your ballot for,” “ Smith for
Congress,” “vote against,” “defeat,” “oppose,” and “reject.” See Div. of Elections Op. 16-12 (Oct. 5, 2016); see also Buckley v. Valeo,
424 U.S. 1 (1976).
3 Section 106.011(15), F.S. Specified types of advertisements are exempted from this definition. See s. 106.011(15)(a)-(b), F.S.
4 Chapters 97-106, F.S., are known as the Florida Election Code. Section 97.011, F.S.
5 See s. 106.143, F.S., for which disclaimers are required for certain political advertisements.
6 Section 106.011(8)(a), F.S.
7 Id. Specified types of communications are exempted from this definition. See s. 106.011(8)(b), F.S.
8 Section 106.1439(1), F.S.
9 See s. 106.011(12)(a), F.S.
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 designate the sponsor of such advertisement.10 In the instance of being broadcast on television, there
must also be a verbal statement of sponsorship.11
Voter Guides
Voters guides are 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.12
A voter guide circulated before or on the day of an election must display the required disclaimer — a
political advertisement disclaimer or an electioneering communication disclaimer as applicable — in
bold font with a font size of at least 12 point at the top of the first page.13 The voter guide must also be
marked “Voter Guide” with such text appearing immediately below the political advertisement or
electioneering communication disclaimer.14
Florida Elections Commission
The Florida Elections Commission (Commission) is an investigatory and quasi-adjudicatory body
housed within the Department of Legal Affairs (DLA), but is not subject to the control, supervision, or
direction of DLA.15 The Commission has jurisdiction16 to investigate and determine campaign finance
violations, as well as other violations of the Florida Election Code. 17
Complaints and Investigations
In order for the Commission to investigate a campaign finance violation or other violation of the Florida
Election Code, it must first receive either information reported by the Division of Elections (Division) 18
within the Department of State or a sworn complaint based upon information other than hearsay. 19
Complaints of a violation must be filed with the Commission, and the Commission may investigate only
the alleged violations in the complaint.20
The Commission must transmit a copy of the complaint to the alleged violator within five days after
receiving the complaint.21 The respondent then has 14 days after receipt of the complaint to file an
initial response,22 and, if the complaint is determined to be legally sufficient, the respondent must be
notified of such finding, as well as the alleged violations and factual basis that support such findings.
The Commission must then undertake a preliminary investigation to determine if the alleged facts
constitute probable cause to believe a violation occurred. 23 Once the investigation report is complete,
the respondent must receive the report and be given at least 14 days to file a written response.24
Counsel for the Commission must review the report and make a written recommendation for the
10 Section 106.1437, F.S.
11 Id.
12 Section 106.1436(1), F.S. Direct mail or publications made by government entities or government officials in their official capacity
are not included this definition.
13 Section 106.1436(3)(a), F.S.
14 Section 106.1436(3)(b), F.S.
15 Section 106.24(1), F.S.
16 For the purposes of Commission jurisdiction, a violation means the willful performance of an act prohibited by chapter 106 or
chapter 104 or the willful failure to perform an act required by such chapters. Willfulness is a determination of fact. Section 106.25(3),
F.S.
17 Section 106.25(2), F.S.
18 The Division of Elections is an administrative unit of the Department of State. See s. 97.021(9), F.S.
19 Section 106.25(2), F.S.
20 Id. Failure of a complainant to allege all violations that arise from facts or allegations in a complaint bars the Commission from
investigating a subsequent complaint based on facts or allegations that were raised or could have been raised in the first co mplaint.
21 Id.
22 Id.
23 Section 106.25(4), F.S.
24 Sections 106.25(4)(a) and (b), F.S.
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 disposition of the complaint.25 If it is recommended probable cause be found, a copy of the counsel’s
recommendation, as well as the charges, must be given to the respondent, who then must be given at
least 14 days to file a written response.26
The Commission, at a hearing in which all parties and their counsels are permitted to attend, then
makes a probable cause determination.27 The respondent must receive notice of the hearing at least 14
days before it occurs.28 The probable cause determination is the conclusion of the preliminary
investigation.29
If the Commission finds no probable cause exists, then the Commission dismisses the case. 30 If the
Commission finds that probable cause exists, the complainant and the alleged violator must be notified
in writing.31 Thereafter, the Commission’s counsel and the alleged violator must attempt to reach a
consent agreement.32
A person alleged by the Commission to have committed a violation may elect, within 30 days after the
date of the Commission’s allegations, to have a formal administrative hearing conducted by an
administrative law judge (ALJ) in the Division of Administrative Hearings (DOAH). 33 If the person does
not elect to have a hearing by an ALJ and does not elect to resolve the complaint by a consent order,
he or she is entitled to a formal or informal hearing before the Commission. 34
All sworn complaints that the Commission has jurisdiction over must be filed with the Commission
within two years after the alleged violations.35
Fines for Election Law Violations
The Commission or, in cases referred to DOAH, an ALJ, may impose fines for such violations. 36 Such
fines must not exceed $2,500 per count, and a fine may be multiplied by three, not to exceed $7,500,
after a person commits three counts of the same category of offense. 37
Artificial Intelligence
While strictly describing or defining artificial intelligence (AI) can be difficult as the term encompasses a
large field of existing and emerging technologies, methodologies, and application areas, the
Congressional Research Service has recently stated that AI is “generally thought of as computerized
systems that work and react in ways commonly thought to require intelligence.”38 The application of AI
extends to areas such as “natural language processing, facial recognition, and robotics.” 39 A subset of
AI, called generative AI, a term which refers to “machine learning models developed through training on
25 Section 106.25(4)(c), F.S.
26 Id.
27 Section 106.25(4)(d), F.S.
28 Id.
29 Section 106.25(4)(e), F.S.
30 Section 106.25(4)(g), F.S. A finding of no probable cause is a full adjudication of all such matters; the Commission may not charge
a respondent in a subsequent complaint alleging violations based upon the same actions, nonactions, or circumstances wherein the
Commission found no probable cause.
31 Section 106.25(4)(h), F.S.
32 Section 106.25(4)(i)1., F.S.
33 Section 106.25(5), F.S.
34 Id.
35 Section 106.25(2), F.S.
36 Section 106.265(1), F.S.
37 Id.
38 Artificial Intelligence: Overview, Recent Advances, and Considerations for the 118 th Congress, Congressional Research Service,
available at https://crsreports.congress.gov/product/pdf/R/R47644 (last visited Jan. 22, 2024).
39 Id.
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 large volumes of data” for the purpose of generating new content, has undergone rapid advancement
over the past few years.40
AI and Elections
Recently, concerns have emerged regarding the use of AI in political campaigns and election-related
activities, especially generative AI.41 Areas of concern include voter misinformation by chatbots and
phishing scams on election officials through AI-generated voices.42 The use of “deepfakes” in political
advertising, which is artificially manipulated audio or video content, has also become a large area of
concern, as it can be used to damage political rivals and deceive voters. 43
According to the National Conference of State Legislatures, legislation was introduced in several states
in 2023 related to the use of AI in political advertisements. 44 Indiana, Michigan, New York, Washington,
and Wisconsin all had some type of legislation that required disclaimers or disclosures on political
advertisements or media that were generated by AI or that contained synthetic or doctored media. 45
Michigan and New Jersey had legislation introduced that prohibited deepfake videos or materially
deceptive media from being disseminated a certain number of days before an election, unless there
was a disclosure that the media had been manipulated. Other states 46 had legislation introduced that
prohibited the use of deepfake technology a certain number of days before an election, with no
exception.47 New Jersey also had legislation introduced that prohibited the use of videos that falsely
depict an election or policy debate.48
The Federal Elections Commission (FEC) has received petitions requesting that the FEC clarify in rule
that AI-generated campaign advertisements are subject to a statutory prohibition against the fraudulent
misrepresentation of other candidates or political parties. 49 The FEC sought public testimony on the
petition.50 Public comment closed on October 16, 2023, and the FEC has not yet taken further action.51
Effect of the Bill
The bill requires that a political advertisement, an electioneering communication, or other
miscellaneous advertisement of a political nature that contains an image, a video, audio, graphic, or
40 Id.; See also Generative Artificial Intelligence: Overview, Issues, and Questions for Congress, Congressional Research Service,
available at https://crsreports.congress.gov/product/pdf/IF/IF12426 (last visited Jan. 22, 2024).
41 See How 2024 presidential candidates are using AI inside their election campaigns, CNBC, Dec. 17, 2023, available at
https://www.cnbc.com/2023/12/17/how-2024-presidential-candidates-are-using-ai-in-election-campaigns.html (last visited Jan. 22.
2024); see also Meta prohibits generative Al tools for political ads, CNN, Nov. 7, 2023, available at
https://www.cnn.com/2023/11/07/tech/meta-ai-polit ical-ads/index.ht ml (last visited Jan. 22. 2024).
42 Challenges Ahead for Lawmakers Seeking to Legislate AI in Campaigns, National Conference of State Legislators, available at
https://www.ncsl.org/state-legislatures-news/details/challenges-ahead-for