FL H0919: Artificial Intelligence Use in Political Advertising

In one paragraph

Florida's HB 919 (s. 106.145, F.S.) requires political ads, electioneering communications and other political advertisements to prominently state "Created in whole or in part with the use of generative artificial intelligence (AI)." when they contain AI-generated content that appears to depict a real person doing something that did not happen, created with intent to injure a candidate or deceive about a ballot issue. A person paying for, sponsoring or approving the ad who omits the disclaimer commits a first-degree misdemeanor; anyone may complain to the Florida Elections Commission, which holds expedited hearings. Approved April 26, 2024 (Chapter 2024-126); effective July 1, 2024.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

Campaigns, political committees and ad sponsors in Florida must put the AI disclaimer on political ads with deceptive AI depictions of real people made to injure a candidate or mislead on a ballot issue; failing to do so is a first-degree misdemeanor.

Key provisions

1. 1Generative AI: a machine-based system that can, for human-defined objectives, emulate the structure and characteristics of input data to generate derived synthetic content, including images, videos, audio and text (s. 106.145(1))
2. 2Disclaimer required when a political ad, electioneering communication or other political advertisement contains generative-AI content that appears to depict a real person performing an action that did not actually occur, created with intent to injure a candidate or to deceive regarding a ballot issue
3. 3Wording: "Created in whole or in part with the use of generative artificial intelligence (AI).", in addition to any other required disclaimer
4. 4Format: bold, at least 12-point in print; at least 4 percent of the vertical picture height and readable throughout for TV or video; viewable without user action online; at least 3 seconds, spoken clearly at the beginning or end, for audio
5. 5A person identified as paying for, sponsoring or approving the communication who fails to include the disclaimer commits a first-degree misdemeanor, in addition to civil penalties
6. 6Any person may file a complaint with the Florida Elections Commission, which must provide expedited hearings
7. 7Passed the House 104-8 and the Senate 32-0; approved by the Governor April 26, 2024 (Chapter No. 2024-126); effective July 1, 2024

Latest legislative action

Apr 29, 2024. Chapter No. 2024-126 (approved by Governor April 26, 2024)

Sponsors (showing 5 of 9)

Roll call votes (showing 3 of 5)

Amendments (2)

• House Committee Amendment #452635 Not adopted 2024-01-17
• House Committee Amendment #727281 Not adopted 2024-02-13