HB 369 2025
CODING: Words stricken are deletions; words underlined are additions.
hb369-00
Page 1 of 6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to provenance of digital content; 2
amending s. 106.145, F.S.; defining the term 3
"provenance data"; requiring certain content include 4
provenance data; creating s. 252.353, F.S.; creating a 5
pilot program within the Division of Emergency 6
Management; requiring rulemaking; requiring the 7
division to submit to specified persons an annual 8
report; providing requirements for such report; 9
providing for future repeal; creating s. 501.9741, 10
F.S.; providing definitions; requiring provenance data 11
be included with certain data; requiring providers of 12
certain artificial intelligence tools to make 13
available application tools and provenance readers; 14
requiring certain social media platforms retain and 15
make available certain provenance data; requiring 16
certain capture devices to allow the inclusion of 17
provenance data; providing a requirement for the 18
manufacturer of such device; providing that a 19
violation constitutes an u nfair or deceptive act or 20
practice; providing an effective date. 21
22
Be It Enacted by the Legislature of the State of Florida: 23
24
Section 1. Subsection (4) of section 106.145, Florida 25
HB 369 2025
CODING: Words stricken are deletions; words underlined are additions.
hb369-00
Page 2 of 6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Statutes, is renumbered as subsection (5), subsection (1) and 26
present subsection (4) are amended, and a new subsection (4) is 27
added to that section, to read: 28
106.145 Use of artificial intelligence. — 29
(1) As used in this section, the term : 30
(a) "Generative artificial intelligence" means a machine -31
based system that can, f or a given set of human -defined 32
objectives, emulate the structure and characteristics of input 33
data in order to generate derived synthetic content including 34
images, videos, audio, text, and other digital content. 35
(b) "Provenance data" means information t hat records the 36
origin of a piece of visual or audio digital content and the 37
history of modifications to such content which is in a format 38
that is compliant with widely adopted guidelines or 39
specifications promulgated by an established standard -setting 40
body. The term includes, but is not limited to, information 41
identifying whether some or all of the content has been derived 42
through generative artificial intelligence and, if so, the name 43
of the generative artificial intelligence tool used to generate 44
such content and the organization that developed such tool. 45
(4) Any content regarding an election or purporting to 46
feature a candidate which can be viewed, heard, or accessed 47
online must carry digital provenance data. 48
(5)(4)(a) In addition to any civil penal ties provided by 49
law, a person identified pursuant to another disclaimer required 50
HB 369 2025
CODING: Words stricken are deletions; words underlined are additions.
hb369-00
Page 3 of 6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
under this chapter as paying for, sponsoring, or approving a 51
political advertisement, an electioneering communication, or an 52
other miscellaneous advertisement of a political nature which is 53
required to contain the disclaimer prescribed under subsection 54
(2) in this section and who fails to include the required 55
disclaimer commits a misdemeanor of the first degree, punishable 56
as provided in s. 775.082 or s. 775.083. 57
(b) Any person may file a complaint with the Florida 58
Elections Commission pursuant to s. 106.25 alleging a violation 59
of this section. The commission shall adopt rules to provide an 60
expedited hearing of complaints filed under this section, or, in 61
cases referred to the Division of Administrative Hearings 62
pursuant to s. 106.25(5), the director shall assign an 63
administrative law judge to provide an expedited hearing. 64
Section 2. Section 252.353, Florida Statutes, is created 65
to read: 66
252.353 Digital content provenance pilot program.— 67
(1) There is established within the division a digital 68
content provenance pilot program. The purpose of the pilot 69
program is to enhance the security and authenticity of digital 70
content used in emergency management operations through the 71
inclusion of provenance data as defined in s. 106.145(1). 72
(2) The division shall adopt rules necessary to implement 73
the pilot program. 74
(3) By December 1 of each year, the division shall submit 75
HB 369 2025
CODING: Words stricken are deletions; words underlined are additions.
hb369-00
Page 4 of 6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to the President of the Senate and the Speaker of the House of 76
Representatives a report that includes information concerning 77
the pilot program and whether any changes should be made to the 78
pilot program which would increase its effectiveness. In the 79
report submitted by December 1, 2029, the division shall include 80
a recommendation of whether the pilot program should be 81
continued, terminated, or expanded. 82
(4) This section shall stand repealed on June 30, 2030, 83
unless reviewed and saved from appeal through reenactment by the 84
Legislature. 85
Section 3. Section 501.9741, Florida Statutes, is created 86
to read: 87
501.9741 Provenance data of digital content .— 88
(1) As used in this section, the term: 89
(a) "Application tool" means a tool or service that 90
enables the user to apply provenance data, either directly or 91
through the use of third -party technology, to any data that has 92
been modified to include synthetic content. 93
(b) "Capture device" means a device that can record any 94
visual or audio digital content, including, but not limited to, 95
a camera, a cellular phone wi th a camera, a microphone, or an 96
audio or video recorder. 97
(c) "Generative artificial intelligence" has the same 98
meaning as in s. 106.145(1). 99
(d) "Generative artificial intelligence tool" means a 100
HB 369 2025
CODING: Words stricken are deletions; words underlined are additions.
hb369-00
Page 5 of 6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
product or feature that uses generative artificial intell igence 101
to create visual or audio digital content. 102
(e) "Provenance data" has the same meaning as in s. 103
106.145(1). 104
(f) "Provenance reader" means a tool or service that 105
allows users to identify the provenance data of visual or audio 106
digital content. 107
(2) Provenance data must be included on any synthetic data 108
wholly created by a generative artificial intelligence tool. The 109
provider of such artificial intelligence tool must make 110
available to the public: 111
1. An application tool. 112
2. A free provenance read er. 113
(3) A social media platform as defined in s. 501.2041(1) 114
must retain all available provenance data of visual or digital 115
content provided to or posted on such platform and make such 116
data available to users of the platform through a conspicuous 117
indicator. 118
(4) A capture device sold in this state must allow an 119
option to include provenance data on any visual or audio content 120
recorded with such device. The manufacturer of a capture device 121
must ensure that such provenance data can be read by third -party 122
applications. 123
(5) A violation of this section constitutes an unfair or 124
deceptive act or practice as specified in s. 501.204. 125
HB 369 2025
CODING: Words stricken are deletions; words underlined are additions.
hb369-00
Page 6 of 6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 4. This act shall take effect July 1, 2025. 126