Florida Senate - 2025 CS for SB 702
By the Committee on Commerce and Tourism; and Senator Burgess
577-02242-25 2025702c1
1 A bill to be entitled
2 An act relating to provenance of digital content;
3 amending s. 106.145, F.S.; defining the term
4 “provenance data”; requiring that certain content
5 created by generative artificial intelligence
6 purporting to depict an electoral candidate include
7 digital provenance data; amending s. 252.353, F.S.;
8 creating a digital content provenance pilot program
9 within the Division of Emergency Management; providing
10 the pilot program’s purpose; requiring the division to
11 include a conspicuous indicator with an encoded link
12 on the digital images and videos it creates after a
13 specified date to allow users to access provenance
14 data; requiring the division to submit an annual
15 report to the Legislature by a specified date;
16 specifying requirements for the report; providing for
17 future repeal; creating s. 501.9741, F.S.; defining
18 terms; requiring a provider of a generative artificial
19 intelligence tool to apply provenance data, either
20 directly or through a third-party technology, to
21 synthetic content wholly generated by the provider’s
22 generative artificial intelligence tool; requiring a
23 provider of a generative artificial intelligence tool
24 to make available to the public specified tools and
25 readers to determine whether certain content was
26 created by the provider’s generative artificial
27 intelligence tool; prohibiting the inclusion of
28 certain information in provenance data which is
29 reasonably capable of being associated with a
30 particular user, unless directed by the user;
31 requiring social media platforms to retain provenance
32 data of synthetic content provided to or posted on the
33 platforms; requiring social media platforms to make
34 such data available to platform users through a
35 conspicuous indicator on such content; requiring that
36 a capture device sold in this state have an option to
37 record provenance data of certain content; requiring
38 manufacturers of such capture devices to ensure
39 provenance data can be read by third-party
40 applications; providing that a violation of the act is
41 an unfair or deceptive act or practice; requiring the
42 Attorney General to enforce this section; requiring
43 the Department of Legal Affairs to notify any person
44 suspected of violating the act and allow them to cure
45 such violation within a specified timeframe before
46 initiating enforcement action; providing an effective
47 date.
48
49 Be It Enacted by the Legislature of the State of Florida:
50
51 Section 1. Present subsection (4) of section 106.145,
52 Florida Statutes, is redesignated as subsection (5), a new
53 subsection (4) is added to that section, and subsection (1) and
54 paragraph (a) of present subsection (4) are amended, to read:
55 106.145 Use of artificial intelligence.—
56 (1) As used in this section, the term:
57 (a) “Generative artificial intelligence” means a machine
58 based system that can, for a given set of human-defined
59 objectives, emulate the structure and characteristics of input
60 data in order to generate derived synthetic content including
61 images, videos, audio, text, and other digital content.
62 (b) “Provenance data” means information identifying whether
63 some or all of the content has been derived through generative
64 artificial intelligence and, if so, the name of the generative
65 artificial intelligence tool used to generate such content and
66 the organization that developed such tool.
67 (4) Any content purporting to feature an electoral
68 candidate which can be viewed, heard, or accessed online must
69 include digital provenance data if such content was created by
70 generative artificial intelligence, as defined in s. 106.145(1).
71 (5)(4)(a) In addition to any civil penalties provided by
72 law, a person identified pursuant to another disclaimer required
73 under this chapter as paying for, sponsoring, or approving a
74 political advertisement, an electioneering communication, or an
75 other miscellaneous advertisement of a political nature which is
76 required to contain the disclaimer prescribed under subsection
77 (2) in this section and who fails to include the required
78 disclaimer commits a misdemeanor of the first degree, punishable
79 as provided in s. 775.082 or s. 775.083.
80 Section 2. Section 252.353, Florida Statutes, is created to
81 read:
82 252.353 Digital content provenance pilot program.—
83 (1) There is established within the division a digital
84 content provenance pilot program. The purpose of the pilot
85 program is to enhance the security and authenticity of digital
86 content used in emergency management operations through the
87 inclusion of provenance data.
88 (2) For all digital images and videos created by the
89 division on or after July 1, 2025, the division shall include a
90 conspicuous indicator with an encoded link allowing a user to
91 access provenance data.
92 (3) By November 15, 2026, the division shall submit to the
93 President of the Senate and the Speaker of the House of
94 Representatives a report that includes information concerning
95 the pilot program, including whether the integration of
96 provenance data can be scaled effectively within the division’s
97 digital content library and recommendations for other valuable
98 uses of provenance data and credentialing that could be
99 implemented within other agencies.
100 (4) This section is repealed June 30, 2027.
101 Section 3. Section 501.9741, Florida Statutes, is created
102 to read:
103 501.9741 Provenance data of digital content.—
104 (1) As used in this section, the term:
105 (a) “Application tool” means a tool or service that enables
106 the user to apply provenance data, either directly or through
107 the use of third-party technology, to any digital content that
108 has been modified to include synthetic content.
109 (b) “Capture device” means a device that can record any
110 visual or audio digital content, including, but not limited to,
111 a camera, a cellular phone with a camera, a microphone, or an
112 audio or video recorder.
113 (c) “Generative artificial intelligence” has the same
114 meaning as in s. 106.145(1).
115 (d) “Generative artificial intelligence tool” means a
116 product or feature that uses generative artificial intelligence
117 to create visual or audio digital content.
118 (e) “Provenance data” has the same meaning as in s.
119 106.145(1).
120 (f) “Provenance reader” means a tool or service that allows
121 users to identify provenance data of visual or audio digital
122 content.
123 (g) “Synthetic content” means any visual or audio content
124 that has been produced or modified by a generative artificial
125 intelligence tool.
126 (2) The provider of a generative artificial intelligence
127 tool must apply provenance data, either directly or through the
128 use of third-party technology, to synthetic content wholly
129 generated by the provider’s generative artificial intelligence
130 tool.
131 (3) The provider of a generative artificial intelligence
132 tool must make available to the public:
133 (a) An application tool that can determine whether an
134 image, a video, or audio content, or content that is any
135 combination thereof, is synthetic content.
136 (b) A free provenance reader that can view provenance
137 information for synthetic content.
138 (4) Provenance data may not include any personal
139 identifying information or any unique device, system, or service
140 information which is reasonably capable of being associated with
141 a particular user, unless directed by the user.
142 (5) A social media platform as defined in s. 501.2041 shall
143 retain all available provenance data of any suspected synthetic
144 content. Social media platforms shall make such data available
145 to platform users through a conspicuous indicator with an
146 encoded link on such content.
147 (6) A capture device sold in this state must have an option
148 to record provenance data of any suspected synthetic content.
149 The manufacturer of a capture device sold in this state must
150 ensure that such provenance data can be read by third-party
151 applications.
152 (7) A violation of this section constitutes an unfair or
153 deceptive act or practice as described in s. 501.204. The
154 Attorney General shall enforce this section. The Department of
155 Legal Affairs shall notify the provider of the generative
156 artificial intelligence system, the manufacturer of a capture
157 device, or the social media platform of any suspected violation,
158 and allow the provider 30 calendar days to cure the alleged
159 violation before initiating enforcement action.
160 Section 4. This act shall take effect July 1, 2025.