FL S0850

Requires political advertisements, electioneering communications, or other political ads that use generative AI to depict a real person performing an action that did not occur—with intent to injure a candidate or deceive about a ballot issue—to include a prominent disclaimer stating: "Created in whole or in part with the use of generative artificial intelligence (AI)."

Defines "generative artificial intelligence" as a machine-based system that can emulate the structure and characteristics of input data to generate synthetic content, including images, video, audio, text, and other digital content.

Establishes specific disclaimer format requirements by medium: bold 12-point font for print; at least 4% of vertical picture height for video; clearly readable without user action for internet ads; and at least 3 seconds of clearly audible speech for audio communications.

Failure to include the required disclaimer is a first-degree misdemeanor, with penalties as provided under Florida Statutes sections 775.082 and 775.083, in addition to any applicable civil penalties.

Authorizes individuals to file complaints with the Florida Elections Commission, which must adopt rules for expedited hearings; cases referred to the Division of Administrative Hearings must also receive expedited proceedings. Effective date is July 1, 2024.