STORAGE NAME: h0369d.COM
DATE: 4/11/2025
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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 #: CS/CS/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
17 Y, 0 N, As CS
Economic Infrastructure
16 Y, 0 N, As CS
Commerce
SUMMARY
Effect of the Bill:
The bill defines the term “provenance data” as information about the origin of digital content and the history of
modifications to such content that identifies whether some or all of the content has been produced or modified by
generative artificial intelligence. The bill requires artificial intelligence providers to apply provenance data to
content or make a provenance application tool that enables a user to apply provenance data, either directly or
through the use of third-party technology. It also requires an artificial intelligence provider to make available a free
provenance reader. The bill requires social media platforms to retain all available provenance data of content
uploaded to or posted on such platform and make it available in a readable format to the users of the platform. The
bill provides that certain violations constitute an unfair or deceptive act.
Fiscal or Economic Impact:
The bill does not appear to have a fiscal impact on the state or local governments.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill creates a new section of law related to provenance data of digital content. The bill defines various terms,
including:
“Generative artificial intelligence” has the same meaning as in s. 106.145(1), F.S.
1
“Generative artificial intelligence model” means an artificial intelligence system designed to generate new
data or content based on the patterns or structures of its training data. The term does not include
capabilities primarily intended for classification, predictions, or labeling.
“Generative artificial intelligence provider” means an organization that develops a generative artificial
intelligence tool that is publicly available.
“Generative artificial intelligence tool” means a product or feature that provides the outputs from a
generative artificial intelligence model to end users.
“Provenance application tool” means a tool or online service that allows users to apply provenance data.
“Provenance data” means information about the origin of digital content and the history of modifications to
such content in a format that is compliant with widely adopted guidelines or specifications promulgated by
an established standard-setting body. Provenance data must indicate whether some or all of the content is
synthetic content. If there is synthetic content, the provenance data must identify the name of the
generative artificial intelligence provider whose generative artificial intelligence tool generated the
synthetic data. Provenance data must not include any personally identifying information, unique device,
1
Section 106.145, F.S., defines “generative artificial intelligence” as 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. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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system, or service information that is reasonably capable of being associated with a particular user, unless
directed by the user.
“Provenance reader” means a tool or service that allows users to view the provenance data.
“Social media platform” means an online forum, website, or application for which the primary function is to
allow users to upload content or view content or activity of other users. The term does not include:
o An online service, website, or application where the exclusive function is e-mail or direct messaging
consisting of text, photographs, pictures, images, or videos shared only between the sender and the
recipients, without displaying or posting publicly to other users not specifically identified as the
recipients by the sender; or
o An online service, application, or website that consists primarily of news, sports, entertainment, or
other information or content that is not user generated or uploaded but is preselected by the
provider, and for which any chat, comments, or interactive functionality is incidental to, directly
related to, or dependent on the provision of the content.
“Synthetic content” means any visual or audio content that has been produced or modified by a generative
artificial intelligence tool. (Section 1)
The bill provides that a generative artificial intelligence provider must:
Make available a provenance application tool that enables the user to apply provenance data, either
directly or through the use of third-party technology, to content that has been generated or modified to
include synthetic content; or
Apply provenance data, either directly or through the use of third-party technology, to content that has
been generated or modified to include synthetic content. (Section 1)
The bill requires a generative artificial intelligence provider subject to the requirements of the bill to make
available to the public for free, either directly or through the use of third-party technology, a provenance reader.
(Section 1)
The bill requires a social media platform to retain all available provenance data of content uploaded to or posted
on such platform, and make it available in a readable format to the users of the platform directly, through a
conspicuous indicator that allows a user to access the provenance data, or both. This requirement does not apply in
cases of the user’s removal of the data. (Section 1)
The bill provides that a violation of the law constitutes an unfair or deceptive act or practice. (Section 1)
The bill provides an effective date of July 1, 2026. (Section 2)
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.
2 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.
3
Artificial Intelligence
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
2
C2PA, Overview, available at https://c2pa.org/ (last visited March 17, 2025).
3
C2PA, FAQ, available at https://c2pa.org/faq/ (last visited March 17, 2025). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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thought to require intelligence.”
4 The application of AI extends to areas such as “natural language processing, facial
recognition, and robotics.”
5 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.
6
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).”
7 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.
8
Florida Deceptive and Unfair Trade Practices Act
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA)
9 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.
10 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.
11 The
Office of the State Attorney may enforce the act if the violation takes place in its jurisdiction.
12 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.
13 Consumers may also file suit
through private actions.
14
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.
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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.
16
4
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).
5
Id.
6
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).
7
Merriam-Webster, Dictionary, Definition, Social Media, https://www.merriam-webster.com/dictionary/social%20media (last
visited March 7, 2025).
8
Pew Research Center, Americans’ Social Media Use, (Jan.31, 2024), https://www.pewresearch.org/internet/fact-sheet/social-
media/ (last visited March 7, 2025).
9
S. 501.201, F.S.
10
See s. 501.202, F.S.
11
See ss. 501.203(2), 501.206, and 501.207, F.S.
12
S. 501.203(2), F.S.
13
Id.
14
S. 501.211, F.S.
15
Ss. 501.207(1), 501.2075, and 501.208, F.S.
16
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
17 Y, 0 N, As CS 3/19/2025 Davila Harrington
THE CHANGES ADOPTED BY THE
COMMITTEE:
Removes provisions pertaining to disclaimers on election materials;
Removes provisions pertaining to a pilot program at the Division of
Emergency Management;
Removes provisions relating to capture devices;
Amends various definitions and requirements relating to AI;
Moves the effective date of the bill to July 1, 2026.
Economic Infrastructure
Subcommittee
16 Y, 0 N, As CS 3/31/2025 Keating Bauldree
THE CHANGES ADOPTED BY THE
COMMITTEE:
Revises the definition for “social media platform” for the purposes of
the bill.
Clarifies that a generative artificial intelligence provider subject to the
requirements of the bill shall make specified information available to
the public.
Commerce Committee Hamon Bauldree
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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