Generates video with AI, in Florida

Fla. Stat. § 501.171(2), (8) · Read the law's page

• This binds each covered entity (a sole proprietorship, partnership, corporation, trust, estate, cooperative, association, or other commercial entity that acquires, maintains, stores, or uses personal information), each governmental entity, and each third-party agent, for the data-security duty; the disposal duty binds a covered entity or third-party agent, and its own text does not separately name a governmental entity.
• Take reasonable measures to protect and secure data in electronic form containing personal information. The statute states no further content for what 'reasonable' requires beyond this general standard.
• Take all reasonable measures to dispose, or arrange for the disposal, of customer records containing personal information within your custody or control once the records are no longer to be retained, by shredding, erasing, or otherwise modifying the personal information to make it unreadable or undecipherable through any means.
• A violation of either duty is enforced only by the Department of Legal Affairs, as an unfair or deceptive trade practice under Fla. Stat. 501.207; there is no private right of action. A willful violation draws a civil penalty of up to $10,000 under the Florida Deceptive and Unfair Trade Practices Act's general penalty provision, Fla. Stat. 501.2075; the $500,000-capped penalty Fla. Stat. 501.171(9)(b) sets applies only to a violation of the separate breach-notification duty in subsection (3) or (4).

Fla. Stat. § 827.071 · Read the law's page

• Do not create, alter, adapt, or modify, by electronic, mechanical, or other means, any image to portray an identifiable minor engaged in sexual conduct; this reaches an AI-generated or AI-altered image the same as an unaltered photograph.
• Do not employ, authorize, or induce a child to engage in a sexual performance; this is a first-degree felony with a 15-year mandatory minimum, or a life felony with a 25-year mandatory minimum where the child is younger than 12.
• Promoting such a performance is a second-degree felony with a 5-year mandatory minimum, and possessing with intent to promote, or knowingly soliciting, possessing, controlling, or intentionally viewing such material, is a second-degree felony.

Fla. Stat. § 836.13 · Read the law's page

• Do not willfully generate, solicit, or maliciously promote an altered sexual depiction of an identifiable person without that person's consent; each act is a separate felony of the third degree.
• An aggrieved person may sue for injunctive relief and at least $10,000 in damages or actual damages, whichever is greater, plus attorney's fees.
• If you operate a covered platform, one that primarily hosts user-generated content or that in the regular course of business publishes, hosts, or makes available nonconsensual altered sexual depictions, establish a process for a depicted person to request removal and post a clear and conspicuous notice describing it.
• Remove a validly requested altered sexual depiction, and make reasonable efforts to remove known identical copies, within 48 hours of receiving the request.

Fla. Stat. § 106.145 · Read the law's page

• Include a prominent disclaimer stating that generative AI was used, in a political advertisement, electioneering communication, or other advertisement of a political nature that depicts a real person performing an action that did not occur, where the content was created to injure a candidate or deceive regarding a ballot issue.
• Format the disclaimer for the medium: at least 12-point bold font in print, covering at least 4 percent of the vertical picture height in video or graphics, viewable without user action for online text or graphics, and at least 3 seconds long and clearly audible in audio.
• A failure to include the disclaimer is a first-degree misdemeanor, and any person may file a complaint with the Florida Elections Commission.

Fla. Stat. §§ 501.201-501.213 · Read the law's page

• A scraping or data-reselling practice that misrepresents your identity, origin, or authenticity to consumers or to a scraped site's operator can expose you to a private FDUTPA claim.