HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/CS/HB 1459 Advanced Technology
SPONSOR(S): Judiciary Committee, Appropriations Committee, Commerce Committee, McFarland
TIED BILLS: CS/HB 1461 IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Commerce Committee 20 Y, 0 N, As CS Wright Hamon
2) Appropriations Committee 25 Y, 0 N, As CS Mullins Pridgeon
3) Judiciary Committee 21 Y, 0 N, As CS Leshko Kramer
SUMMARY ANALYSIS
Artificial intelligence (AI) encompasses a large field of existing and emerging technologies, methodologies, and
application areas. AI is generally thought of as computerized systems that work and react in ways commonly
thought to require intelligence. The application of AI extends to areas such as natural language processing, facial
recognition, and robotics. As the use of AI technologies has grown, so too have discussions of whether and how to
regulate them. Potential regulatory options include a broad regulation of AI technologies that could be used a cross
sectors, or a more targeted approach, regulating its use in particular sectors.
CS/CS/CS/HB 1459 creates s. 282.802, F.S., to establish an advisory council called the Government Technology
Modernization Council to study and monitor the development and deployment of new technologies and provide an
annual report including recommendations on procuring and regulating such syste ms to the Governor and the
Legislature.
The bill also creates s. 501.174, F.S., to:
Require certain entities or persons to adopt safety and transparency standards that disclose to consumers
that certain chatbots, images, audio, or video output is generate d by AI.
Require any entity or person who develops a chatbot, image, audio, or video generated by AI to allow such
chatbot, image, audio, or video to be recognizable as generated by AI to other AI.
Require an entity or a person to provide a clear and conspicuous notice on its Internet homepage or landing
page if it provides a chatbot, image, audio, or video generated by AI to communicate or interact with Florida
consumers for a commercial purpose.
Require any state agency that uses AI to disclose if a person is interacting with AI when interacting with the
agency and ensure that any confidential information accessible to an AI system remains confidential.
The bill creates s. 827.072, F.S., to prohibit a person from:
Knowingly possessing, controlling, or intentionally viewing a photograph, motion picture, representation,
image, data file, computer depiction, or any other presentation which, in whole or in part, he or she knows
includes generated child pornography, as a third-degree felony.
Intentionally creating generated child pornography, as a third -degree felony.
The bill amends s. 92.561, F.S., to require any property or material that constitutes generated child pornography to
be maintained in a specified manner; and to prohibit a defendant from acquiring copies of generated child
pornography images as part of discovery.
The bill authorizes the Department of Legal Affairs to bring an action under the Florida Deceptive and Unfair Trade
Practices Act against any person or entity who violates the AI transparency requirements or any person who
intentionally creates generated child pornography in the conduct of trade or commerce.
The bill may have an indeterminate fiscal impact on state government and the private sector. See Fiscal Comments.
The bill provides an effective date of July 1, 2024.
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:
Current Situation
Artificial Intelligence
In the 1950s, a generation of scientists, mathematicians, and philosophers, including Alan Turing,
conceptualized the possibility of artificial intelligence (AI). In his 1950 paper Computing Machinery and
Intelligence, Turing discussed “how to build intelligent machines and how to test their intelligence.”1
The term “artificial intelligence” itself was coined at the Dartmouth Summer Research Project on
Artificial Intelligence, a conference held in 1956. Since 2010, there have been many advancements in
AI research which have been attributed to the “availability of large datasets, improved machine learning
approaches and algorithms, and more powerful computers.”2
AI encompasses a large field of existing and emerging technologies, methodologies, and application
areas. AI is “generally thought of as computerized systems that work and react in ways commonly
thought to require intelligence.”3 The application of AI extends to areas such as “natural language
processing, facial recognition, and robotics.” 4
Generative Artificial Intelligence
Generative AI (GenAI), which refers to “machine learning models developed through training on large
volumes of data” for the purpose of generating new content, has undergone rapid advancement over
the past few years.5
GenAI uses advanced machine learning models 6 such as large language models and generative
adversarial networks (GANs) to generate text, images, video, and computer code responses with
“human-like quality” based on user prompts.7 Recent technological advances combined with the open
availability of these tools to the public has led to widespread use.8
Specifically, GANs synthesize content by pitting two neural networks 9—a generator and discriminator—
against each other. “To synthesize an image of a fictional person, the generator starts with a random
array of pixels and iteratively learns to synthesize a realistic face. On each iteration, the discriminator
learns to distinguish the synthesized face from a corpus of real faces; if the synthesized face is
distinguishable from the real faces, then the discriminator penalizes the generator. Over multiple
1
Rockwell Anyoha, Can Machines Think?, Harvard University, Aug. 28, 2017, https://sitn.hms.harvard.edu/flash/2017/history -artificial-intelligence/
(last visited Feb. 16, 2024).
2
Congressional Research Service (CRS), Artificial Intelligence: Overview, Recent Advances, and Considerations for the 118 th Congress,
https://crsreports.congress.gov/product/pdf/R/R47644 (last visited Feb. 16, 2024).
3
Id.
4
Id.
5
Id.; See also CRS, Generative Artificial Intelligence: Overview, Issues, and Questions for Congress,
https://crsreports.congress.gov/product/pdf/IF/IF12426 (last visited Feb. 16, 2024).
6
Advanced machine learning models are designed to understand, interpret, generate, and respond to human language in a way that is as close to
human-like communication as possible. Yana Ihnatchyck, Introduction to GenAI: What are LLM Models, and How Are They Used in GenAI?, Data
Floq (Oct. 27, 2023), https://datafloq.com/read/introduction-gen-ai-llm-models/ (last visited Feb. 16, 2024).
7
CRS, supra note 2.; Scribble Data, GenAI vs. LLMs vs. NLP: A Complete Guide, https://www.scribbledata.io/blog/genai-vs-llms-vs-nlp-a-complete-
guide/ (last visited Feb. 16, 2024).
8
CRS, supra note 2.
9
Neural networks, a subset of machine learning, are computational models that mimic the complex functions of the human brain. The neural
networks consist of interconnected nodes or neurons that process and learn from data, enabling tasks such as pattern recognition and decision making
in machine learning. Geeks for Geeks, What is a neural network?, https://www.geeksforgeeks.org/neural-networks-a-beginners-guide/ (last visited
Feb. 16, 2024); see IBM , What is a neural network?, https://www.ibm.com/topics/neural-networks (last visited Feb. 16, 2024).
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iterations, the generator learns to synthesize increasingly more realistic faces until the discriminator is
unable to distinguish it from real faces.”10
Potential Benefits and Risks of Artificial Intelligence
It has been estimated that “AI technologies could increase global GDP by $15.7 trillion, a full 14
[percent], by 2030,” with health, retail, and financial services experiencing the most growth. 11 The use
of AI and algorithms may benefit various sectors and services by:
Financial sector 12
o Making decision-making relating to investing, portfolio management, loan applications,
mortgages, and retirement planning more efficient, less emotional, and more analytic.
o Preventing fraud and detecting financial anomalies in large institutions.
Health Sector
o Helping diagnose and predict disease or illness.
o Helping predict potential challenges and allocating resources to patient education,
sensing, and proactive interventions to keep patients out of the hospital.
o Creating a multifaceted and highly personalized picture of a person’s well-being.
Transportation Sector
o Developing vehicle guidance, braking, and lane-changing systems for cars, trucks,
buses, and drone delivery systems.
o Developing systems to prevent collisions with the use of cameras and sensors.
o Providing real-time information analysis and safety measures for the development of
autonomous vehicles.
Government Sector
o Helping to create smart cities and e-governance. Examples of e-governance include:
The George AI chatbot, a customer service virtual assistant created by the
Georgia Department of Labor.
AI monitoring of live footage from cameras in forests and mountains for signs of
smoke by western states including California, Nevada, and Oregon.
o Helping metropolitan areas adopt systems for citizen service delivery, urban and
environmental planning, energy use, and crime prevention.
Customer Service 13
o Providing customer service to consumers through the use of chatbots and other
customer service-oriented tools to increase customer engagement, resulting in
increased sales opportunities with reduced costs to the business.
However, developments in AI also raise important policy, regulatory, and ethical issues. Potential risks
are associated with removing humans from the decision-making process, as may be the case when AI
technology becomes more advanced over time. Some potential risks include:
Bias
o Because AI algorithms are based on training data input by humans, and because the
initial data collection and actual data itself is based on human choices, responses, or
decisions, there is a risk that such algorithms can contain inaccuracies and bias, which
may take many forms including historical, racial, or other discrimination. Additionally,
ethical considerations and value choices may be embedded into algorithms.
Workforce Replacement
o Integrating AI into the workforce brings uncertainty and challenge to the labor market,
e.g., concerns regarding the extent to which AI will replace jobs. Business leaders and
10
Sophie Nightingale and Hany Ford, AI-synthesized faces are indistinguishable from real faces and more trustworthy, Proceedings of the National
Academy of Sciences of the United States of America (Feb. 14, 2022), https://www.pnas.org/doi/epdf/10.1073/pnas.2120481119 (last visited Feb.
16, 2024).
11
National Conference of State Legislatures (NCSL), Approaches to Regulating Artificial Intelligence: A Primer, Aug. 10, 2023,
https://www.ncsl.org/technology -and-communication/approaches-to-regulating-artificial-intelligence-a-primer (last visited Feb. 16, 2024).
12
Id.; Darrell West and John Allen, How artificial intelligence is transforming the world, Brookings Institute, Apr. 24, 2018,
https://www.brookings.edu/articles/how-artificial-intelligence-is-transforming-the-world/ (last visited Feb. 16, 2024).
13
NCSL, supra note 11.
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governments may need to make significant investments in retraining and reskilling the
workforce.
Legal Liability
o There are questions concerning who is legally liable when AI systems harm or
discriminate against people, especially as new and emerging uses for AI platforms are
developed and integrated.
Security Risks14
o AI systems present cybersecurity and national security risks, due to:
AI companies collecting large amounts of personal data for AI training and use.
The potential for bad actors to use AI to develop advanced cyberattacks, bypass
security measures, and exploit vulnerabilities in various private and public
systems.
o Traditional cybersecurity risk assessment tools are generally inadequate for addressing
risks associated with AI.
Efforts to Regulate Artificial Intelligence
As the use of AI technologies has grown, so too have discussions of whether and how to regulate
them. Potential regulatory options include a broad regulation of AI technologies that could be used
across sectors, or a more targeted approach, regulating the use of AI technologies in particular
sectors.15
In 2023, 31 states introduced at least 191 bills concerning AI, with 14 bills becoming laws.16 As
reported by the National Conference of State Legislatures:17
Connecticut required the state’s Department of Administrative Services to conduct an inventory
of all systems employing AI that are in use by any state agency and, beginning February 1,
2024, to perform ongoing assessments of such systems to ensure that the use of any such
system does not result in unlawful discrimination or disparate impact.
Louisiana adopted a resolution requesting its Joint Legislative Committee on Technology and
Cybersecurity to study the impact of AI in operations, procurement, and policy.
Maryland established the Industry 4.0 Technology Grant Program to assist certain small and
medium-sized manufacturing enterprises with implementing new “industry 4.0” technology or
related infrastructure. The definition of industry 4.0 includes AI.
Texas, North Dakota, Puerto Rico, and West Virginia created AI advisory councils to study and
monitor AI systems developed, employed, or procured by state agencies.
Additionally, the following laws were passed in previous years:
California prohibits any person from using a bot to communicate or interact with another person
online with the intent to mislead the other person about its artificial identity in order to incentivize
a purchase or sale of goods or services in a commercial transaction or to influence a vote in an
election.18
Illinois requires an employer that asks applicants to record video interviews and uses an AI
analysis of applicant-submitted videos to:19
o Notify each applicant in writing before the interview that AI may be used to analyze the
applicant's facial expressions and consider the applicant's fitness for the position;
o Provide each applicant with an information sheet before the interview explaining how the
AI works and what characteristics it uses to evaluate applicants; and
o Obtain written consent from the applicant to be evaluated by the AI program.
14
Id; Bernard M arr, The 15 Biggest Risks Of Artificial Intelligence, Forbes, Jun. 2, 2023, https://www.forbes.com/sites/bernardmarr/2023/06/02/the-
15-biggest-risks-of-artificial-intelligence/?sh=603d66292706 (last visited Feb. 16, 2024).
15
CRS, supra note 2.
16
NCSL, State of Play | An Inside Look at Artificial Intelligence Policy and State Actions, Jan. 9, 2024, https://www.ncsl.org/state-legislatures-
news/details/state-of-play-an-inside-look-at-artificial-intelligence-policy-and-state-actions (last visited Feb. 16, 2024).
17
NCSL, Artificial Intelligence 2023 Legislation, Jan. 12, 2024, https://www.ncsl.org/technology -and-communication/artificial-intelligence-2023-
legislation (last visited Feb. 16, 2024).
18
Cal. B&P Code §§ 17940-17943.
19
2019 IL Public Act 101-0260.
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