Artificial intelligence is rapidly being integrated into nearly every product and service. Florida has already taken a leadership role in AI-related legislation, addressing issues such as deepfakes of altered sexual material, AI-generated child pornography, and disclosure requirements for AI use in political advertising. The state has also provided grants for AI in classrooms, strengthened data privacy protections through Florida’s Digital Bill of Rights, and established the Government Technology Modernization Council to advise the legislature and the Governor on emerging technologies. However, the reality remains that AI implementation will continue to outpace regulation.
Florida has not hesitated to address emerging technologies in the criminal justice system, as seen in its recent regulation of body cameras and drones. AI presents the next wave of technological advancement, including AI-generated report writing, facial recognition technology, and public safety tools like weapons detection and acoustic gunshot detection devices. These innovations have the potential to revolutionize law enforcement, increasing efficiency while reducing costs for taxpayers. However, like all technological advancements, AI introduces complex legal, ethical, and societal challenges that must be carefully managed.
Transparency is a cornerstone of the criminal justice system. One critical step is requiring law enforcement agencies to disclose their use of public-facing surveillance technology. Doing so would help foster trust between agencies and the communities they serve. Additionally, maintaining an inventory of these technologies would assist policymakers in determining the need for regulations and safeguards to protect citizens’ rights.
While emerging technologies provide powerful tools, they should always be used alongside other evidence to build cases. The value of AI-generated information depends on human interpretation and its context within broader investigations.
Recommendations
- Require each law enforcement agency to submit an annual inventory to the Legislature detailing its use of AI and other emerging technologies for evidence collection and documentation.
- Establish and enforce acceptable use standards for AI by government agencies to balance innovation with citizens’ rights protections.
- Mandate that law enforcement include details on emerging technology usage in probable cause affidavits and investigative reports leading to arrests.
- Develop model policies for facial recognition technology, ensuring public accessibility. These policies should be legislatively defined, require state-approved training for users, mandate reasonable suspicion as a prerequisite for criminal investigations, and specify that AI-generated results serve only as investigative leads rather than standalone probable cause.