United States - Florida - AI in Political Ads (HB 919)

Overview

Florida House Bill 919, enacted as Chapter No. 2024-126, L.O.F., addresses the burgeoning concern of artificial intelligence (AI) use in political advertising within the state. The primary objective of this legislation is to ensure transparency and prevent deceptive practices in political campaigns by mandating clear disclosure when generative AI is utilized to create certain types of political content. The bill specifically targets advertisements, electioneering communications, and other miscellaneous political advertisements that include AI-generated images, video, audio, graphics, or other digital content. This content falls under the purview of the law if it appears to depict a real person engaging in an action that did not actually occur and was created with the explicit intent to either injure a candidate or mislead voters concerning a ballot issue.

The scope of HB 919 is comprehensive, encompassing various forms of political communication where AI might be employed to manipulate public perception. It builds upon existing Florida Election Code provisions, adding a layer of regulation specifically for AI-generated material. The law stipulates that any such content must prominently feature a disclaimer stating, “Created in whole or in part with the use of generative artificial intelligence (AI).” This measure is intended to provide voters with critical information, allowing them to discern between authentic and synthetically generated political messaging. The enactment of this bill reflects a legislative effort to adapt electoral laws to the rapid advancements in AI technology, safeguarding the integrity of the democratic process from potential misuse of deepfakes and other AI-driven disinformation tactics.

Definitions

Central to the application of Florida HB 919 are its specific definitions, particularly for 'generative artificial intelligence.' The bill defines "generative artificial intelligence" as a machine-based system capable of emulating the structure and characteristics of input data to produce derived synthetic content. This synthetic content can include, but is not limited to, images, videos, audio, text, and other digital formats. This definition is crucial for identifying the types of AI-created material that fall under the bill's disclosure requirements, ensuring that the law applies to a broad spectrum of AI-manipulated media used in political contexts.

While HB 919 introduces a specific definition for generative AI, it operates within the existing framework of the Florida Election Code, Chapter 106, Florida Statutes. Consequently, terms such as "political advertisement," "electioneering communication," and "miscellaneous advertisement" retain their established meanings as defined in the broader election statutes. For instance, a "political advertisement" generally refers to any communication supporting or opposing a candidate or ballot measure, while an "electioneering communication" typically involves broader communications that refer to a clearly identifiable candidate but do not expressly advocate for or against their election. These pre-existing definitions provide the foundational context for where the AI disclosure requirements are to be applied, ensuring consistency with established electoral regulations.

Governance and Institutional Framework

The governance and institutional framework for enforcing Florida HB 919 are primarily vested in the Florida Elections Commission (FEC) and other relevant state entities responsible for overseeing electoral processes. The Florida Elections Commission holds significant jurisdiction in investigating and adjudicating violations of the Florida Election Code, a body of law that HB 919 now amends and supplements. This includes the authority to address campaign finance violations and other infractions related to election activities. The Commission's role is critical in ensuring that the new AI disclosure requirements are adhered to and that any alleged breaches are thoroughly investigated and resolved according to state law.

In addition to the Florida Elections Commission, other administrative bodies and officials within the state's electoral system play a role in the broader implementation and oversight of election laws, including those impacted by HB 919. For instance, the Division of Elections within the Florida Department of State provides campaign finance information and guidance, which would now incorporate the new AI disclosure rules. While the bill itself does not establish new regulatory bodies, it integrates its provisions into the existing robust framework of Florida's election administration, leveraging established mechanisms for compliance, enforcement, and public accountability. This approach ensures that the regulation of AI in political advertising benefits from the established expertise and processes of the state's electoral governance.

Key Focus Areas

The central focus of Florida HB 919 is to enhance transparency and combat deception in political advertising through mandatory disclosure requirements for AI-generated content. The bill specifically targets political advertisements, electioneering communications, and other miscellaneous political advertisements that contain images, video, audio, graphics, or other digital content created, in whole or in part, using generative AI. A critical condition for triggering the disclaimer requirement is that the AI-generated content must appear to depict a real person performing an action that did not occur in reality, and it must have been created with the intent to injure a candidate or deceive the public regarding a ballot issue. This precise targeting aims to prevent the spread of misleading or harmful deepfakes in electoral contexts.

Beyond disclosure, another key focus area of HB 919 is the establishment of robust enforcement mechanisms, including both criminal and civil penalties for non-compliance. Individuals or entities responsible for paying for, sponsoring, or approving political advertisements that fail to include the required AI disclaimer, despite meeting the specified criteria, can face legal repercussions. The bill stipulates that such a violation constitutes a first-degree misdemeanor, carrying potential penalties such as imprisonment and fines. This provision underscores the seriousness with which Florida lawmakers view the integrity of political discourse and their commitment to deterring the malicious use of AI in elections. The emphasis on accountability for those funding or authorizing the advertisements ensures that responsibility is placed on the ultimate decision-makers in political campaigns.

Implementation Framework

The implementation framework for Florida HB 919 is designed to integrate seamlessly into the existing regulatory structure governing elections and campaign finance within the state. The bill's provisions are codified within Chapter 106 of the Florida Statutes, which constitutes the Florida Election Code. This integration means that the new AI disclosure requirements operate alongside and complement established rules for political advertisements, electioneering communications, and other forms of political messaging. The existing definitions, compliance procedures, and enforcement mechanisms of the Election Code are thus extended to cover the specific challenges posed by AI-generated content.

A crucial aspect of the implementation framework is the clear assignment of liability. HB 919 specifies that the person identified as paying for, sponsoring, or approving a political advertisement or electioneering communication that is required to include the AI disclaimer, and fails to do so, will be held responsible. This focus on the ultimate financial or approval authority ensures that accountability rests with the campaign or organization behind the advertisement, rather than solely with third-party content creators or vendors. Furthermore, the bill outlines specific requirements for the disclaimer itself, which may vary depending on the medium used for the advertisement (e.g., visual, audio). This adaptability ensures that the disclosure is prominent and effective across different forms of digital content, providing clear guidance for compliance by political actors.

Monitoring and Evaluation

Monitoring and evaluation of compliance with Florida HB 919 primarily fall under the purview of the Florida Elections Commission (FEC). As the principal body responsible for investigating and determining campaign finance violations and other breaches of the Florida Election Code, the FEC is equipped to receive, investigate, and adjudicate complaints related to the misuse of AI in political advertising. The bill explicitly authorizes individuals to file complaints regarding alleged violations of the AI disclosure requirements, thereby empowering the public and opposing campaigns to actively participate in the monitoring process. This mechanism allows for a decentralized yet structured approach to identifying potential non-compliance across the state.

Upon receiving a complaint, the Florida Elections Commission is expected to conduct an investigation to ascertain whether a political advertisement or communication containing AI-generated content has failed to include the mandated disclaimer, under the conditions specified by the law. The bill also provides for expedited hearings for such complaints, indicating a legislative intent for timely resolution of issues related to AI deepfakes and deceptive content in elections. While the bill does not detail a specific, proactive state-led monitoring program for all political advertisements, the complaint-driven enforcement model, coupled with the FEC's investigative powers, serves as the primary means of evaluating adherence to the new regulations and addressing instances of non-compliance.

Penalties, Liability, and Appeals

Florida HB 919 establishes clear penalties and assigns liability for violations of its AI disclosure requirements, underscoring the state's commitment to maintaining integrity in political advertising. Any person identified as paying for, sponsoring, or approving a political advertisement, electioneering communication, or other miscellaneous advertisement of a political nature that is required to include the AI disclaimer and fails to do so, commits a first-degree misdemeanor. This criminal penalty is significant, punishable as provided in Florida Statutes sections 775.082 or 775.083, which typically involve a term of imprisonment not exceeding one year and a fine not exceeding $1,000. The inclusion of a criminal penalty highlights the seriousness with which the legislature views the potential for AI to mislead voters and harm candidates.

In addition to criminal sanctions, the bill specifies that civil penalties provided by existing law may also apply to those who violate the AI disclosure requirements. This dual approach to penalties offers multiple avenues for enforcement and redress. Liability is explicitly placed on the individual or entity responsible for the financial backing or ultimate approval of the advertisement, rather than solely on the content creators. This ensures that accountability rests with those who have the authority to ensure compliance. For those facing allegations or penalties, the bill authorizes persons to file complaints and provides for expedited hearings, suggesting a process for due process and potential appeals within the framework of the Florida Elections Commission.

Relationship to Other Instruments

Florida HB 919 operates as an amendment and supplement to the existing Florida Election Code, primarily codified within Chapter 106 of the Florida Statutes. This means it does not replace or supersede the foundational laws governing political campaigns and advertising but rather adds specific provisions to address the unique challenges posed by artificial intelligence. The bill's requirements for AI disclaimers are integrated with and are in addition to all other applicable disclaimers already mandated by the Election Code for political advertisements, electioneering communications, and voter guides. This ensures a cohesive regulatory environment where new technologies are addressed within a familiar legal structure.

It is important to distinguish HB 919 from other legislative efforts concerning deepfakes in Florida. For example, a separate initiative known as "Brooke's Law" (HB 1161/SB 850 from the 2025 legislative session) focuses on requiring online platforms to remove non-consensual altered sexual depictions (deepfakes) upon a victim's request. While both address deepfakes, their scopes and mechanisms are distinct: HB 919 targets AI in political advertising with disclosure requirements and penalties for non-compliance, whereas Brooke's Law focuses on content removal by platforms for specific types of harmful deepfakes. This distinction underscores that Florida is addressing the multifaceted challenges of AI through targeted legislative instruments, each designed to tackle a specific aspect of AI's societal impact.

International Alignment

As a piece of state-level legislation enacted by the Florida Legislature, HB 919 primarily focuses on regulating political advertising within the geographical and jurisdictional boundaries of the state of Florida. Its provisions are tailored to the specific electoral processes and legal framework of the United States, and more particularly, Florida's Election Code. Therefore, the bill does not explicitly address or seek direct alignment with international laws, treaties, or regulatory frameworks concerning artificial intelligence or electoral integrity. Its scope is inherently domestic, reflecting the state's sovereign authority to govern its own elections and campaign practices.

While the challenges posed by AI in political advertising, such as disinformation and deepfakes, are global concerns, Florida's approach through HB 919 is a localized response. There is no indication within the bill's text or legislative analysis of any intent to harmonize its provisions with regulations from other countries or international bodies. The focus remains on safeguarding the integrity of Florida's elections and providing transparency for its voters. Any broader international implications would arise indirectly, perhaps through the establishment of a precedent that other sub-national or national jurisdictions might consider when developing their own regulations on AI in political contexts. However, such considerations are outside the direct scope and stated objectives of this specific Florida statute.

Implementation Timeline

Compliance Checklist

Sources and References