DiCeglie: Bill targeting AI in campaign ads aims to stay ahead of a ‘big problem down the road’

Eric Daugherty contributed to this report.

TALLAHASSEE, Fla. – Sen. Nick DiCeglie, R-St. Petersburg, said his new legislation, which would implement new restrictions on political advertisements and communications that utilize artificial intelligence, or AI, will help Floridians “stay ahead” of what could be a “big problem down the road.”

DiCeglie filed SB 850, which would require civil penalties for violators of the proposed law.

“Here we are, again, in the Florida Legislature trying to try to kind of stay ahead of what could potentially be a big problem down the road,” DiCeglie said on Florida’s Voice with Brendon Leslie.

The bill covers political ads, electioneering communications or “other miscellaneous advertisement of a political nature” that are created with AI.

To avoid violating the proposed statute, the advertisement with AI must present this disclaimer: “Created in whole or in part with the use of generative artificial intelligence (AI).”

DiCeglie said the disclaimer is important because artificial intelligence can make it look like a candidate is “saying something or doing something, when in fact, they’ve never said or done that. “

“There’s so much information that gets disseminated during election season, it happens really quickly,” DiCeglie said. “And what we don’t want to see is kind of the, you know, an incredible amount of misinformation through AI.”

DiCeglie said there are “incredible, positive” things that AI can do that he thinks are “really exciting,” but he said there is a flip side to the technology that may have consequences.

“We’re not the first state to go down this road,” DiCeglie said. “So, you know, as I took a deeper dive into the issue, when it comes to electioneering activities, what other states are doing, you know, clearly, this is the time to start and begin these conversations.”

According to the bill, violators would face civil penalties as defined by existing Florida law, including fines.

DiCeglie said he, along with other state lawmakers, are still working through what the civil penalties may be for violators of the proposed law.

The senator said they are thinking of creating an amendment to the bill “down the road” to potentially add a misdemeanor as a civil penalty against violators.

“We want to make sure we’ve got some teeth, you know, with this type of activity,” DiCeglie said. “Obviously, you know, a slap on the wrist is, I don’t think it’s severe enough, because we are, in many cases, you know, the way this technology is, we really have got to have the ability to hold these folks accountable.”

An individual can also file a complaint with the Florida Elections Commission against the person or group who commissioned the AI-featuring advertisement if it does not have the required disclaimer.

According to the bill, the complaints would need to be given an “expedited hearing” by the Florida Elections Commission or the Division of Administrative Hearings.

DiCeglie filed the bill Tuesday and he said as he receives more feedback from his constituents, he will begin to “narrow” the bill down to make sure it is “really consistent” with other election laws and to ensure it isn’t “overly restrictive or burdensome.”

The bill is set to be considered as part of Florida’s 2024 Legislative Session, which runs from Jan. 9, 2024 to March 8.