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, video, 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, video, audio, text, and other digital content.
Subsection (1) defines generative artificial intelligence broadly as any machine-based system that emulates input data structure and characteristics to generate derived synthetic content, covering images, video, audio, text, and other digital content. The definition is functional and technology-neutral — it does not require a specific model architecture or capability threshold.
(2) 1 If a political advertisement, electioneering communication, or other miscellaneous advertisement of a political nature contains images, video, audio, text, 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, video, audio, text, and other digital content.Fla. Stat. § 106.145(1), the generated content appears to depict a real person performing an action that did not actually occur, and 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, video, audio, text, and other digital content.Fla. Stat. § 106.145(1) (AI)."
Subsection (2) establishes the bill's core operative obligation: a mandatory disclaimer on political advertisements, electioneering communications, and other political-nature advertisements that contain AI-generated content depicting a real person performing an action that did not actually occur. The disclaimer is triggered only when the AI-generated content was created with intent to injure a candidate or to deceive regarding a ballot issue. This dual intent requirement significantly narrows the scope compared to many state AI disclosure laws that apply to any AI-generated political content regardless of intent.
The prescribed disclaimer text — "Created in whole or in part with the use of generative artificial intelligence (AI)" — must be stated prominently, though the statute does not define minimum size, placement, or duration requirements for different media formats.
(3)(a) A person who fails to include the disclaimer prescribed in this section in any political advertisement, electioneering communication, or other miscellaneous advertisement of a political nature which is required to contain such disclaimer commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3)(b) A 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.
Subsection (3) establishes both the penalty and the enforcement mechanism. Paragraph (a) makes failure to include the required disclaimer a first-degree misdemeanor, punishable under Florida's general misdemeanor provisions (up to one year imprisonment and a $1,000 fine). Paragraph (b) authorizes any person to file a complaint with the Florida Elections Commission and requires the Commission to adopt rules for expedited hearings. For cases referred to the Division of Administrative Hearings, the director must assign an administrative law judge for an expedited proceeding — reflecting the time-sensitive nature of election-related disputes.