Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 702
Ì196458SÎ196458
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/10/2025 .
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The Committee on Commerce and Tourism (Burgess) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present subsection (4) of section 106.145,
6 Florida Statutes, is redesignated as subsection (5), a new
7 subsection (4) is added to that section, and subsection (1) and
8 paragraph (a) of present subsection (4) are amended, to read:
9 106.145 Use of artificial intelligence.—
10 (1) As used in this section, the term:
11 (a) “Generative artificial intelligence” means a machine
12 based system that can, for a given set of human-defined
13 objectives, emulate the structure and characteristics of input
14 data in order to generate derived synthetic content including
15 images, videos, audio, text, and other digital content.
16 (b) “Provenance data” means information identifying whether
17 some or all of the content has been derived through generative
18 artificial intelligence and, if so, the name of the generative
19 artificial intelligence tool used to generate such content and
20 the organization that developed such tool.
21 (4) Any content purporting to feature an electoral
22 candidate which can be viewed, heard, or accessed online must
23 include digital provenance data if such content was created by
24 generative artificial intelligence, as defined in s. 106.145(1).
25 (5)(4)(a) In addition to any civil penalties provided by
26 law, a person identified pursuant to another disclaimer required
27 under this chapter as paying for, sponsoring, or approving a
28 political advertisement, an electioneering communication, or an
29 other miscellaneous advertisement of a political nature which is
30 required to contain the disclaimer prescribed under subsection
31 (2) in this section and who fails to include the required
32 disclaimer commits a misdemeanor of the first degree, punishable
33 as provided in s. 775.082 or s. 775.083.
34 Section 2. Section 252.353, Florida Statutes, is created to
35 read:
36 252.353 Digital content provenance pilot program.—
37 (1) There is established within the division a digital
38 content provenance pilot program. The purpose of the pilot
39 program is to enhance the security and authenticity of digital
40 content used in emergency management operations through the
41 inclusion of provenance data.
42 (2) For all digital images and videos created by the
43 division on or after July 1, 2025, the division shall include a
44 conspicuous indicator with an encoded link allowing a user to
45 access provenance data.
46 (3) By November 15, 2026, the division shall submit to the
47 President of the Senate and the Speaker of the House of
48 Representatives a report that includes information concerning
49 the pilot program, including whether the integration of
50 provenance data can be scaled effectively within the division’s
51 digital content library and recommendations for other valuable
52 uses of provenance data and credentialing that could be
53 implemented within other agencies.
54 (4) This section shall stand repealed on June 30, 2027.
55 Section 3. Section 501.9741, Florida Statutes, is created
56 to read:
57 501.9741 Provenance data of digital content.—
58 (1) As used in this section, the term:
59 (a) “Application tool” means a tool or service that enables
60 the user to apply provenance data, either directly or through
61 the use of third-party technology, to any digital content that
62 has been modified to include synthetic content.
63 (b) “Capture device” means a device that can record any
64 visual or audio digital content, including, but not limited to,
65 a camera, a cellular phone with a camera, a microphone, or an
66 audio or video recorder.
67 (c) “Generative artificial intelligence” has the same
68 meaning as in s. 106.145(1).
69 (d) “Generative artificial intelligence tool” means a
70 product or feature that uses generative artificial intelligence
71 to create visual or audio digital content.
72 (e) “Provenance data” has the same meaning as in s.
73 106.145(1).
74 (f) “Provenance reader” means a tool or service that allows
75 users to identify provenance data of visual or audio digital
76 content.
77 (g) “Synthetic content” means any visual or audio content
78 that has been produced or modified by a generative artificial
79 intelligence tool.
80 (2) The provider of a generative artificial intelligence
81 tool must apply provenance data, either directly or through the
82 use of third-party technology, to synthetic content wholly
83 generated by the provider’s generative artificial intelligence
84 tool.
85 (3) The provider of a generative artificial intelligence
86 tool must make available to the public:
87 (a) An application tool that can determine whether an
88 image, a video, or audio content, or content that is any
89 combination thereof, is synthetic content.
90 (b) A free provenance reader that can view provenance
91 information for synthetic content.
92 (4) Provenance data may not include any personal
93 identifying information or any unique device, system, or service
94 information which is reasonably capable of being associated with
95 a particular user, unless directed by the user.
96 (5) A social media platform as defined in s. 501.2041 shall
97 retain all available provenance data of any suspected synthetic
98 content. Social media platforms shall make such data available
99 to platform users through a conspicuous indicator with an
100 encoded link on such content.
101 (6) A capture device sold in this state must have an option
102 to record provenance data of any suspected synthetic content.
103 The manufacturer of a capture device sold in this state must
104 ensure that such provenance data can be read by third-party
105 applications.
106 (7) A violation of this section constitutes an unfair or
107 deceptive act or practice as described in s. 501.204. The
108 Attorney General shall enforce this section. The Department of
109 Legal Affairs shall notify the provider of the generative
110 artificial intelligence system, the manufacturer of a capture
111 device, or the social media platform of any suspected violation,
112 and allow the provider 30 calendar days to cure the alleged
113 violation before initiating enforcement action.
114 Section 4. This act shall take effect July 1, 2025.
115
116 ================= T I T L E A M E N D M E N T ================
117 And the title is amended as follows:
118 Delete everything before the enacting clause
119 and insert:
120 A bill to be entitled
121 An act relating to provenance of digital content;
122 amending s. 106.145, F.S.; defining the term
123 “provenance data”; requiring that certain content
124 created by generative artificial intelligence
125 purporting to depict an electoral candidate include
126 digital provenance data; amending s. 252.353, F.S.;
127 creating a digital content provenance pilot program
128 within the Division of Emergency Management; providing
129 the pilot program’s purpose; requiring the division to
130 include a conspicuous indicator with an encoded link
131 on the digital images and videos it creates after a
132 specified date to allow users to access provenance
133 data; requiring the division to submit an annual
134 report to the Legislature by a specified date;
135 specifying requirements for the report; providing for
136 future repeal; creating s. 501.9741, F.S.; defining
137 terms; requiring a provider of a generative artificial
138 intelligence tool to apply provenance data, either
139 directly or through a third-party technology, to
140 synthetic content wholly generated by the provider’s
141 generative artificial intelligence tool; requiring a
142 provider of a generative artificial intelligence tool
143 to make available to the public specified tools and
144 readers to determine whether certain content was
145 created by the provider’s generative artificial
146 intelligence tool; prohibiting the inclusion of
147 certain information in provenance data which is
148 reasonably capable of being associated with a
149 particular user, unless directed by the user;
150 requiring social media platforms to retain provenance
151 data of synthetic content provided to or posted on its
152 platform; requiring social media platforms to make
153 such data available to platform users through a
154 conspicuous indicator on such content; requiring that
155 a capture device sold in this state have an option to
156 record provenance data of certain content; requiring
157 manufacturers of such capture devices to ensure
158 provenance data can be read by third-party
159 applications; providing that a violation of this
160 section is an unfair or deceptive act or practice;
161 requiring the Attorney General to enforce this
162 section; requiring the Department of Legal Affairs to
163 notify any person suspected of violating this section
164 and allow them to cure such violations within a
165 specified timeframe before initiating enforcement
166 action; providing an effective date.