Florida bill cracks down on artificial intelligence in campaign ads

Published Dec. 12, 2023, 1:22 p.m. ET | Updated Dec. 12, 2023

Code on a computer screen, April 12, 2019. (Photo/Arnold Francisca, Unsplash)
Code on a computer screen, April 12, 2019. (Photo/Arnold Francisca, Unsplash)

TALLAHASSEE, Fla. – A new piece of Florida legislation would implement new restrictions on political advertisements and communications that utilize artificial intelligence, or AI.

Sen. Nick DiCeglie, R-St. Petersburg, filed SB 850, which would require civil penalties for violators of the proposed law.

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

The bill references AI content of events that did not happen in real life, created “in whole or in part” 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).”

Violators would face civil penalties as defined by existing Florida law, including fines.

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.

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

AI has become increasingly controversial in the political sphere with advancements in the technology.

This year, Gov. Ron DeSantis’ presidential campaign used AI in an advertisement hitting at former President Donald Trump’s relationship with Dr. Anthony Fauci during the coronavirus pandemic.

In the video, real-life photos were placed alongside satirical ones of Trump kissing and hugging Fauci.

The ad drew criticism from the Trump campaign.

And earlier this year, a fake AI-generated video of former Secretary of State Hillary Clinton endorsing DeSantis spread on X, formerly Twitter.

Over the summer, pro-DeSantis super PAC Never Back Down crafted an anti-Trump ad using AI; in this instance, it had the AI-generated Trump say words he never vocally said, but rather posted on Truth Social.

“I opened up the governor position for Kim Reynolds, and when she fell behind I endorsed her, did big rallies, and she won,” the post and AI Trump said. “Now she wants to remain ‘neutral’. I don’t invite her to events!”

Pro-MAGA consultant and CEO of X Strategies Alex Bruesewitz derided the group’s ad as a “dirty, dirty move” and called for such use of AI to be “banned.”

A group that supported Miami Mayor Francis Suarez, who ran for president as a Republican but dropped out, created an AI DeSantis, implanting sentences and phrases not ever spoken by the governor, but using his voice.

“I want to talk about the single greatest threat to American families today. Mickey Mouse. Yes, Mickey Mouse. Run for your lives,” the AI voice of DeSantis said.

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