WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1) As used in this section, the term "generative artificial intelligencegenerative artificial intelligence"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.Fla. Stat. § 106.145(1)" 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) 1 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 intelligencegenerative artificial intelligence"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.Fla. Stat. § 106.145(1), 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 intelligencegenerative artificial intelligence"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.Fla. Stat. § 106.145(1) (AI)." The disclaimer required in this section is in addition to any other disclaimer required under this chapter.
(3)(a)–(e) 1 The disclaimer must: (a) For a printed communication, be stated in bold font with a font size of at least 12 points. (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) 2 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 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.
(4)(b) 2 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.
Section 106.145 creates Florida's first AI-specific political advertising regulation. The operative obligation applies when three conditions are met simultaneously: (1) the advertisement contains AI-generated images, video, audio, graphics, or other digital content; (2) the content appears to depict a real person performing an action that did not actually occur; and (3) the content was created with intent to injure a candidate or deceive regarding a ballot issue. When all three conditions are satisfied, the communication must include a verbatim disclaimer: "Created in whole or in part with the use of generative artificial intelligence (AI)."
The statute prescribes format-specific requirements for the disclaimer across five media types — print (bold, 12-point), television/video (4% vertical height, displayed throughout), internet text/graphic (viewable without user action), audio (3 seconds, spoken clearly at beginning or end), and standalone graphic (4% vertical height). Enforcement runs through the Florida Elections Commission with expedited hearings, and failure to include the required disclaimer is a first-degree misdemeanor carrying both criminal and civil penalties.