Florida 2025 2025 Regular Session

Florida House Bill H0369 Comm Sub / Bill

Filed 03/20/2025

                       
 
CS/HB 369  	2025 
 
 
 
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A bill to be entitled 1 
An act relating to provenance of digital content; 2 
creating s. 501.9741, F.S.; providing definitions; 3 
requiring certain artificial intelligence providers to 4 
make provenance data available through specified 5 
options; requiring such providers to make provenance 6 
readers available in a specified manner; requiring 7 
certain social media platforms to retain and make 8 
available certain provenance data; providing 9 
applicability; providing that a violation constitutes 10 
an unfair or deceptive act or practice; providing an 11 
effective date. 12 
 13 
Be It Enacted by the Legislature of the State of Florida: 14 
 15 
 Section 1.  Section 501.9741, Florida Statutes, is created 16 
to read: 17 
 501.9741  Provenance data of digital content. — 18 
 (1)  As used in this section, the term: 19 
 (a)  "Generative artificial intelligence" has the same 20 
meaning as in s. 106.145(1). 21 
 (b)  "Generative artificial intelligence model" means an 22 
artificial intelligence system desi gned to generate new data or 23 
content based on the patterns or structures of its training 24 
data. The term does not include capabilities primarily intended 25     
 
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for classifications, predictions, or labeling. 26 
 (c)  "Generative artificial intelligence provider" mean s an 27 
organization that develops a generative artificial intelligence 28 
tool that is publicly available. 29 
 (d)  "Generative artificial intelligence tool" means a 30 
product or feature that provides the outputs from a generative 31 
artificial intelligence model to e nd users. 32 
 (e)  "Provenance application tool" means a tool or online 33 
service that allows users to apply provenance data. 34 
 (f)  "Provenance data" means information about the origin 35 
of digital content and the history of modifications to such 36 
content in a format that is compliant with widely adopted 37 
guidelines or specifications promulgated by an established 38 
standard-setting body. Provenance data must indicate whether 39 
some or all of the content is synthetic content. If there is 40 
synthetic content, the provenance data must identify the name of 41 
the generative artificial intelligence provider whose generative 42 
artificial intelligence tool generated the synthetic data. 43 
Provenance data shall not include any personally identifying 44 
information, unique device, system, or service information that 45 
is reasonably capable of being associated with a particular 46 
user, unless directed by the user. 47 
 (g)  "Provenance reader" means a tool or service that 48 
allows users to view provenance data. 49 
 (h)  "Social media platform" means an onli ne forum, a 50     
 
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website, or an application that allows users to upload content 51 
or view content or activity of other users. The term does not 52 
include an online service, a website, or an application the 53 
exclusive function of which is e -mail or direct messaging 54 
consisting of text, photographs, pictures, images, or videos 55 
shared only between the sender and the recipients without 56 
displaying or posting publicly to other users who are not 57 
specifically identified by the sender as the recipients. 58 
 (i)  "Synthetic conten t" means any visual or audio content 59 
that has been produced or modified by a generative artificial 60 
intelligence tool. 61 
 (2)  A generative artificial intelligence provider shall: 62 
 (a)  Make available a provenance application tool that 63 
enables the user to apply provenance data, either directly or 64 
through the use of third -party technology, to content that has 65 
been generated or modified to include synthetic content; or 66 
 (b)  Apply provenance data, either directly or through the 67 
use of third-party technology, to content that has been 68 
generated or modified to include synthetic content. 69 
 (3)  A generative artificial intelligence provider shall 70 
make available to the public for free, either directly or 71 
through the use of third -party technology, a provenance reader. 72 
 (4)  A social media platform must retain all available 73 
provenance data of content uploaded to or posted on such 74 
platform, and make available to the users of the platform such 75     
 
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provenance data in a readable format directly or through a 76 
conspicuous indicato r that allows a user to access the 77 
provenance data or both. This requirement does not apply in 78 
cases of the user's removal of provenance data. 79 
 (5)  A violation of this section constitutes an unfair or 80 
deceptive act or practice as specified in s. 501.204 a nd shall 81 
be exclusively enforced in a civil action by the Attorney 82 
General. The Department of Legal Affairs must notify the 83 
generative artificial intelligence provider or the social media 84 
platform of any suspected violation and allow the provider or 85 
platform 30 calendar days to cure the alleged violation before 86 
initiating enforcement action. This section does not create a 87 
private right of action. 88 
 Section 2. This act shall take effect July 1, 2026. 89