Florida 2025 Regular Session

Florida House Bill H0369 Latest Draft

Bill / Comm Sub Version Filed 04/16/2025

                               
 
CS/CS/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 developers 4 
to make provenance data available through specified 5 
options; requiring such developers 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 
exception; providing an 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 cr eated 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 developer" means 22 
an organization that develops a generative artificial 23 
intelligence tool that is publicly available. 24 
 (c)  "Generative artificial intelligence model" means an 25     
 
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artificial intelligence system designed to generate new data or 26 
content based on the patterns or structure s of its training 27 
data. The term does not include capabilities primarily intended 28 
for classifications, predictions, or labeling. 29 
 (d)  "Generative artificial intelligence tool" means a 30 
product or feature that provides the outputs from a generative 31 
artificial intelligence model to end 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 modification s 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 developer whose 42 
generative artificial intelligence tool generated the synthetic 43 
data. Provenance data shall not include any personally 44 
identifying information or unique device, system, or service 45 
information that is reasonably capable of being associated with 46 
a particular 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 online forum, 50     
 
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website, or application that allows users to upload content or 51 
view content or activity of other users. The term does not 52 
include: 53 
 1.  An online service, website, or application where the 54 
exclusive function is e -mail or direct messaging consisting of 55 
text, photographs, pictures, images, or videos shared only 56 
between the sender and the recipients, without displaying or 57 
posting publicly to other users not specifically identified as 58 
the recipients by the sender; 59 
 2.  An online service, website, or application, that 60 
consists primarily of news, sports, entertainment, or other 61 
information or content that is preselected by the provider, and 62 
for which any chat, comments, or interactive functionality is 63 
incidental to, directly related to, or dependent on the 64 
provision of the content; or 65 
 3.  An online service, application, or website that is used 66 
for providing or obtaining technical support. 67 
 (i)  "Synthetic content" means any visual content that has 68 
been produced or modified by a generative artificial 69 
intelligence tool. 70 
 (2)  A generative artificial intelligence developer shall: 71 
 (a)  Make available a provenance application tool that 72 
enables the user to apply provenance data, either directly or 73 
through the use of third -party technology, to content that has 74 
been generated or modified to include synthetic content when 75     
 
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such content is generated or modified using the developer's 76 
generative artificial intelligence tool; or 77 
 (b)  Apply provenance data, in a manner that is technically 78 
feasible and reasonable, given the accepted state of the art, as 79 
reflected in commonly used industry standards, either directly 80 
or through the use of third -party technology, to content that 81 
has been generated or modified to include synthetic content. 82 
 (3)  A generative artificial intelligence developer subject 83 
to the requirements of subsection (2) shall also make available 84 
to the public for free, either directly or through the use of 85 
third-party technology, a provenance reader. 86 
 (4)  A social media platform must retain all available 87 
provenance data of content uploaded to or posted on such 88 
platform, and make available to the users of the platform such 89 
provenance data in a readable format directly or through a 90 
conspicuous indicator that allows a user to access the 91 
provenance data or both. This requirement does not apply in 92 
cases of the user's removal of provenance data. 93 
 (5)  A violation of this section constitutes an unfair or 94 
deceptive act or practice as specified in s. 501.204 and shall 95 
be exclusively enforce d in a civil action by the Attorney 96 
General. The Department of Legal Affairs must notify the 97 
generative artificial intelligence developer or the social media 98 
platform of any suspected violation and allow the developer or 99 
platform 30 calendar days to cure t he alleged violation before 100     
 
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initiating enforcement action. This section does not create a 101 
private right of action. 102 
 (6)  This section does not apply to any product, service, 103 
website, or application that exclusively provides video game 104 
experiences. 105 
 Section 2. This act shall take effect July 1, 2026. 106