STORAGE NAME: h0369.ITP
DATE: 3/17/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 369
TITLE: Provenance of Digital Content
SPONSOR(S): McFarland
COMPANION BILL: CS/SB 702 (Burgess)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Information Technology Budget &
Policy
Economic Infrastructure
State Affairs
SUMMARY
Effect of the Bill:
The bill defines the term “provenance data” as information that records the origin of a digital content and identifies
whether some or all of the content has been derived through generative artificial intelligence. The bill requires
certain election materials to include provenance data. The bill establishes a digital content provenance pilot
program within the Division of Emergency Management to enhance the security and authenticity of digital content
used in emergency management operations. The bill also requires provenance data to be included on any synthetic
data wholly created by a generative artificial intelligence tool; requires a social media platform to retain all
available provenance data of visual or digital content provided to or posted on such platform; and provides that a
capture device sold in the state must allow an option to include provenance data on any visual or audio content
recorded with such device. The bill provides that certain violations constitute an unfair or deceptive act.
Fiscal or Economic Impact:
The bill may have an indeterminate negative fiscal impact on the state.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Provenance Data – Definition
The bill defines the term “provenance data” as information that records the origin of a piece of visual or audio
digital content and the history of modifications of such content which is in a format that is compliant with widely
adopted guidelines or specifications promulgated by an established standard-setting body. The term includes, but
is not limited to, information identifying whether some or all of the content has been derived through generative
artificial intelligence and, if so, the name of the generative artificial intelligence tool used to generate such content
and the organization that developed such tool. (Section 1)
Election Disclaimer
The bill requires any content regarding an election or purporting to feature a candidate which can be viewed,
heard, or accessed online to carry digital provenance data. (Section 1)
Pilot Program – Division of Emergency Management
The bill creates a digital content provenance pilot program within the Division of Emergency Management (DEM)
to enhance the security and authenticity of digital content used in emergency management operations. By
December 1 of each year, the bill requires DEM to submit a report to the President of the Senate and the Speaker of
the House of Representatives that includes information concerning the pilot program and whether any changes
should be made to increase its effectiveness. In the report submitted by December 1, 2029, DEM must include a
recommendation on whether the pilot program should be continued, terminated, or expanded. The pilot program
is repealed on June 30, 2030, unless saved from repeal through reenactment by the Legislature. (Section 2) JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Provenance Data of Digital Content
The bill creates a new section of law related to provenance data of digital content. The bill defines various terms,
including:
“Capture device” means a device that can record any visual or audio content, including, but not limited to, a
camera, a cellular phone with a camera, a microphone, or an audio or video recorder.
“Generative artificial intelligence tool” means a product or feature that uses generative artificial
intelligence to create visual or audio digital content.
“Provenance reader” means a tool or service that allows users to identify the provenance data of visual or
audio content. (Section 3)
The bill provides that provenance data must be included on any synthetic data wholly created by a generative
artificial intelligence tool. The provider of the tool must make available to the public:
An application tool.
A free provenance reader. (Section 3)
The bill requires a social media platform to retain all available provenance data of visual or digital content
provided to or posted on such platform and make such data available to users of the platform through a
conspicuous indicator. (Section 3)
The bill requires a capture device sold in the state to allow an option to include provenance data on any visual or
audio content recorded with such device. The manufacturer of a capture device must ensure that such provenance
data can be read by third-party applications. (Section 3)
The bill provides that a violation of the law constitutes an unfair or deceptive act or practice. (Section 3)
Effective Data
The bill provides an effective date of July 1, 2025. (Section 4)
RULEMAKING:
The bill directs DEM to adopt rules necessary to implement the digital content provenance pilot program.
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an indeterminate negative fiscal impact on the state.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Provenance Data
The Coalition for Content Provenance and Authenticity (C2PA), an alliance between Adobe, Arm, Intel, Microsoft,
and Truepic, addresses the issues of misleading digital media through the development of technical standards for
certifying the source and history of media content.
1 The source and history of such content is often known as
provenance. Provenance is trustworthy and tells the user about the origins of the digital content. It may include
information about who created the digital content and how, when, and where it was created or edited.
2
Artificial Intelligence
1
C2PA, Overview, available at https://c2pa.org/ (last visited March 17, 2025).
2
C2PA, FAQ, available at https://c2pa.org/faq/ (last visited March 17, 2025). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
While strictly describing or defining artificial intelligence (AI) can be difficult as the term encompasses a large field
of existing and emerging technologies, methodologies, and application areas, the Congressional Research Service
has recently stated that AI is “generally thought of as computerized systems that work and react in ways commonly
thought to require intelligence.”
3 The application of AI extends to areas such as “natural language processing, facial
recognition, and robotics.”
4 A subset of AI, called generative AI, a term which refers to “machine learning models
developed through training on large volumes of data” for the purpose of generating new content, has undergone
rapid advancement over the past few years.
5
Elections
Recently, concerns have emerged regarding the use of AI in political campaigns and election-related activities,
especially generative AI.
6 Areas of concern include voter misinformation by chatbots and phishing scams on
election officials through AI-generated voices.
7 The use of “deepfakes” in political advertising, which is artificially
manipulated audio or video content, has also become a significant area of concern, as it can be used to damage
political rivals and deceive voters.
8
The Florida Election Code
9 requires certain political messages—political advertisements,
10 electioneering
communications,
11 or miscellaneous advertisements of a political nature created using generative artificial
intelligence
12 to contain a disclaimer.
13 Specifically, a disclaimer must be included if the advertisement or
communication contains an image, a video, audio, graphic, or other digital content created, in whole or in part, with
the use of generative AI and:
Appears to depict a real person performing an action that did not occur in reality.
Was created with intent to injure a candidate or to deceive a ballot issue.
14
3
Artificial Intelligence: Overview, Recent Advances, and Considerations for the 118
th
Congress, Congressional Research Service,
available at https://crsreports.congress.gov/product/pdf/R/R47644 (last visited March 7, 2025).
4
Id.
5
Id.; See also Generative Artificial Intelligence: Overview, Issues, and Questions for Congress, Congressional Research Service,
available at https://crsreports.congress.gov/product/pdf/IF/IF12426 (last visited Mar. 12, 2024).
6
See How 2024 presidential candidates are using AI inside their election campaigns, CNBC, Dec. 17, 2023, available at
https://www.cnbc.com/2023/12/17/how-2024-presidential-candidates-are-using-ai-in-election-campaigns.html (last visited
March 7, 2025); see also Meta prohibits generative Al tools for political ads, CNN, Nov. 7, 2023, available at
https://www.cnn.com/2023/11/07/tech/meta-ai-political-ads/index.html (last visited March 7, 2025).
7
Challenges Ahead for Lawmakers Seeking to Legislate AI in Campaigns, National Conference of State Legislators, available at
https://www.ncsl.org/state-legislatures-news/details/challenges-ahead-for-lawmakers-seeking-to-legislate-ai-in-
campaigns?utm_source=national+conference+of+state+legislatures&utm_term=0_-61bea1f450-
%5blist_email_id%5d&utm_campaign=8fbf8e40e8-canvass-jan-4&utm_medium=email (last visited March 7, 2025).
8
Id.; see also Artificial Intelligence (AI) and Campaign Finance Policy: Recent Developments, Congressional Research Service,
available at https://crsreports.congress.gov/product/pdf/IN/IN12222 (last visited March 7, 2025).
9
Chapters 97-106, F.S., are known as the Florida Election Code. Section 97.011, F.S.
10
“Political advertisement” means “a paid expression in a communications medium prescribed in subsection (4), whether
radio, television, newspaper, magazine, periodical, campaign literature, direct mail, or display or by means other than the
spoken word in direct conversation, which expressly advocates the election or defeat of a candidate or the approval or
rejection of an issue.” S. 106.011(15), F.S.
11
“Electioneering communication” means “means a text message or communication that is publicly distributed by a television
station, radio station, cable television system, satellite system, newspaper, magazine, direct mail, or telephone which …refers
to or depicts a clearly identified candidate for office without expressly advocating the election or defeat of a candidate but that
is susceptible of no reasonable interpretation other than an appeal to vote for or against a specific candidate;…is made within
30 days before a primary or special primary election or 60 days before any other election for the office sought by the
candidate; and…is targeted to the relevant electorate in the geographic area the candidate would represent if elected.” S.
106.011(8)(a), F.S.
12
“Generative artificial intelligence” means “a machine-based system that can, for a given set of human-defined objectives,
emulate the structure and characteristics of input data in order to generate derived synthetic content including images, videos,
audio, text, and other digital content.” S. 106.145, F.S.
13
S. 106.145, F.S.
14
S. 106.145(2), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
The advertisement or communication must prominently state the following:
“Created in whole or in part with the use of generative artificial intelligence.”
The law provides various requirements for the disclaimer, depending on the medium used:
Printed communications: The disclaimer must be stated in bold font with a font size of at least 12 points.
Television or video communications: The disclaimer must be clearly readable throughout the
communication and occupy at least 4 percent of the vertical picture height.
Internet public communications that include text or graphic components: The disclaimer must be viewable
without the user taking any action and be large enough to be clearly readable.
Audio components of a communication: The disclaimer must be at least three seconds in length and spoken
in a clearly audible and intelligible manner at either the beginning or the end of the audio component of the
communication.
Graphic communication: The disclaimer must be large enough to be clearly readable but no less than 4
percent of the vertical height of the communication.
In addition to certain civil penalties that may apply, a person identified pursuant to another disclaimer required for
campaign finance purposes as paying for, sponsoring, or approving a political advertisement, an electioneering
communication, or other miscellaneous advertisement of a political nature that is required to include the AI
disclaimer and fails to do so commits a first-degree misdemeanor.
State Emergency Management Act
Florida is vulnerable to a wide variety of emergencies, including natural, technological, and human origin disasters
threatening the health and safety of people, damaging and destroying property, disrupting services, and impeding
economic growth and development. To reduce these vulnerabilities, promote emergency preparedness, response,
mitigation, recovery, and coordinate all emergency management functions of the state with the political
subdivisions of the state, other states, and the Federal Government, the Legislature adopted the State Emergency
Management Act (Act).
Under the Act, “emergency management” is defined as “the preparation for, the mitigation of, the response to, and
the recovery from emergencies and disasters.” Specific emergency management responsibilities include without
limitation:
Reducing vulnerabilities of people and communities to damage, injury, and loss of life and property
resulting from natural, technological, or manmade emergencies or hostile military or paramilitary action.
Preparing for prompt and efficient response and recovery to protect lives and property affected by
emergencies.
Responding to emergencies using all systems, plans, and resources necessary to preserve the health, safety,
and welfare of persons or property affected by emergencies.
Assisting recovery from emergencies by providing for the rapid and orderly start of restoration and
rehabilitation of persons and property affected by emergencies.
Providing an emergency management system embodying all aspects of pre-emergency preparedness and
post-emergency response, recovery, and mitigation.
Assisting with the anticipation, recognition, appraisal, prevention, and mitigation of emergencies which
may be caused or aggravated by inadequate planning for, and regulation of, public and private facilities and
land use.
The Division of Emergency Management (DEM) is created within the Executive Office of the Governor to
implement the purposes of the Act, including coordinating planning and response to emergencies with local and
federal authorities. As part of its emergency management responsibilities, DEM must prepare and update the state
comprehensive emergency management plan, adopt standards and requirements for county emergency plans,
assist political subdivisions with preparing and maintaining their emergency management plans, review such plans
of political subdivisions, and coordinate federal, state, and local emergency management actions in advance of an
actual emergency to ensure availability of adequately trained and equipped personnel before, during, and after an
emergency or disaster.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
The Governor is responsible for meeting the dangers presented by emergencies using the powers authorized in the
Act. The Governor also is responsible for appointing the director of DEM.
Basic state policy for responding to disasters is to support local emergency response efforts while also recognizing
the need for state assistance when the scope of a disaster is greater than can be met by local resources. The Act
provides specific authorization and emergency powers to counties, requiring each county to establish and maintain
an emergency management agency and develop a county emergency management plan. Municipalities are
encouraged to create their own emergency management plans but must coordinate with the county emergency
management agency.
Social Media Platforms
The term “social media” includes “forms of electronic communication (such as websites for social networking and
microblogging) through which users create online communities to share information, ideas, videos, personal
messages, and other content (such as videos).”
15 In 2005, the year Facebook started, just five percent of American
adults used social media platforms. By 2023, over 80 percent use some type of social media.
16
Florida Deceptive and Unfair Trade Practices Act
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA)
17 is a consumer and business protection measure
that prohibits unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or
practices in trade or commerce.
18 For a violation of the FDUTPA, the State Attorney or the Department of Legal
Affairs may bring actions when it is in the public interest on behalf of consumers or governmental entities.
19 The
Office of the State Attorney may enforce the act if the violation takes place in its jurisdiction.
20 The Department of
Legal Affairs has enforcement authority if the violation is multi-jurisdictional, the state attorney defers in writing,
or the state attorney fails to act within 90 days after a written complaint is filed.
21 Consumers may also file suit
through private actions.
22
The Department of Legal Affairs and the State Attorney, as enforcing authorities, may seek the following remedies:
Declaratory judgments.
Injunctive relief.
Actual damages on behalf of consumers and businesses.
Cease and desist orders.
Civil penalties of up to $10,000 per willful violation.
23
Remedies for private parties are limited to the following:
A declaratory judgment and an injunction where a person is aggrieved by a FDUTPA violation.
Actual damages, attorney fees, and court costs, where a person has suffered a loss due to a FDUTPA
violation.
24
15
Merriam-Webster, Dictionary, Definition, Social Media, https://www.merriam-webster.com/dictionary/social%20media
(last visited March 7, 2025).
16
Pew Research Center, Americans’ Social Media Use, (Jan.31, 2024), https://www.pewresearch.org/internet/fact-
sheet/social-media/ (last visited March 7, 2025).
17
S. 501.201, F.S.
18
See s. 501.202, F.S.
19
See ss. 501.203(2), 501.206, and 501.207, F.S.
20
S. 501.203(2), F.S.
21
Id.
22
S. 501.211, F.S.
23
Ss. 501.207(1), 501.2075, and 501.208, F.S.
24
S. 501.211(2), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Information Technology Budget &
Policy Subcommittee
Davila Harrington
Economic Infrastructure
Subcommittee
State Affairs Committee