Florida Senate - 2025 SB 702 By Senator Burgess 23-00603A-25 2025702__ 1 A bill to be entitled 2 An act relating to provenance of digital content; 3 amending s. 106.145, F.S.; defining the term 4 provenance data; requiring that certain content 5 include provenance data; creating s. 252.353, F.S.; 6 creating a digital content provenance pilot program 7 within the Division of Emergency Management; providing 8 the pilot programs purpose; requiring the division to 9 adopt rules; requiring the division to submit an 10 annual report to the Legislature by a specified date; 11 specifying requirements for the report; providing for 12 future repeal; creating s. 501.9741, F.S.; defining 13 terms; requiring that provenance data be included on 14 specified data; requiring providers of certain 15 artificial intelligence tools to make application 16 tools and provenance readers available to the public; 17 requiring certain social media platforms to retain and 18 make available certain provenance data; requiring that 19 certain capture devices allow an option to include 20 provenance data on certain content; providing a 21 requirement for the manufacturer of such devices; 22 providing that a violation constitutes an unfair or 23 deceptive act or practice; providing an effective 24 date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1.Present subsection (4) of section 106.145, 29 Florida Statutes, is redesignated as subsection (5), a new 30 subsection (4) is added to that section, and subsection (1) and 31 present subsection (4) of that section are amended, to read: 32 106.145Use of artificial intelligence. 33 (1)As used in this section, the term: 34 (a)Generative artificial intelligence means a machine 35 based system that can, for a given set of human-defined 36 objectives, emulate the structure and characteristics of input 37 data in order to generate derived synthetic content including 38 images, videos, audio, text, and other digital content. 39 (b)Provenance data means information that records the 40 origin of a piece of visual or audio digital content and the 41 history of modifications to such content which is in a format 42 that is compliant with widely adopted guidelines or 43 specifications promulgated by an established standard-setting 44 body. The term includes, but is not limited to, information 45 identifying whether some or all of the content has been derived 46 through generative artificial intelligence and, if so, the name 47 of the generative artificial intelligence tool used to generate 48 such content and the organization that developed such tool. 49 (4)Any content regarding an election or purporting to 50 feature a candidate which can be viewed, heard, or accessed 51 online must carry digital provenance data. 52 (5)(a)(4)(a)In addition to any civil penalties provided by 53 law, a person identified pursuant to another disclaimer required 54 under this chapter as paying for, sponsoring, or approving a 55 political advertisement, an electioneering communication, or any 56 other an other miscellaneous advertisement of a political nature 57 which is required to contain the disclaimer prescribed under 58 subsection (2) in this section and who fails to include the 59 required disclaimer commits a misdemeanor of the first degree, 60 punishable as provided in s. 775.082 or s. 775.083. 61 (b)Any person may file a complaint with the Florida 62 Elections Commission pursuant to s. 106.25 alleging a violation 63 of this section. The commission shall adopt rules to provide an 64 expedited hearing of complaints filed under this section, or, in 65 cases referred to the Division of Administrative Hearings 66 pursuant to s. 106.25(5), the director shall assign an 67 administrative law judge to provide an expedited hearing. 68 Section 2.Section 252.353, Florida Statutes, is created to 69 read: 70 252.353Digital content provenance pilot program. 71 (1)There is established within the division a digital 72 content provenance pilot program. The purpose of the pilot 73 program is to enhance the security and authenticity of digital 74 content used in emergency management operations through the 75 inclusion of provenance data as defined in s. 106.145(1). 76 (2)The division shall adopt rules necessary to implement 77 the pilot program. 78 (3)By December 1 of each year, the division shall submit 79 to the President of the Senate and the Speaker of the House of 80 Representatives a report that includes information concerning 81 the pilot program and whether any changes should be made to the 82 pilot program which would increase its effectiveness. In the 83 report submitted by December 1, 2029, the division shall include 84 a recommendation of whether the pilot program should be 85 continued, terminated, or expanded. 86 (4)This section shall stand repealed on June 30, 2030, 87 unless reviewed and saved from repeal through reenactment by the 88 Legislature. 89 Section 3.Section 501.9741, Florida Statutes, is created 90 to read: 91 501.9741Provenance data of digital content. 92 (1)As used in this section, the term: 93 (a)Application tool means a tool or service that enables 94 the user to apply provenance data, either directly or through 95 the use of third-party technology, to any data that has been 96 modified to include synthetic content. 97 (b)Capture device means a device that can record any 98 visual or audio digital content, including, but not limited to, 99 a camera, a cellular phone with a camera, a microphone, or an 100 audio or video recorder. 101 (c)Generative artificial intelligence has the same 102 meaning as in s. 106.145(1). 103 (d)Generative artificial intelligence tool means a 104 product or feature that uses generative artificial intelligence 105 to create visual or audio digital content. 106 (e)Provenance data has the same meaning as in s. 107 106.145(1). 108 (f)Provenance reader means a tool or service that allows 109 users to identify the provenance data of visual or audio digital 110 content. 111 (2)Provenance data must be included on any synthetic data 112 wholly created by a generative artificial intelligence tool. The 113 provider of such artificial intelligence tool shall make 114 available to the public: 115 (a)An application tool. 116 (b)A free provenance reader. 117 (3)A social media platform as defined in s. 501.2041(1) 118 shall retain all available provenance data of visual or audio 119 digital content provided to or posted on such platform and make 120 such data available to users of the platform through a 121 conspicuous indicator. 122 (4)A capture device sold in this state must allow an 123 option to include provenance data on any visual or audio digital 124 content recorded with such device. The manufacturer of a capture 125 device must ensure that such provenance data can be read by 126 third-party applications. 127 (5)A violation of this section constitutes an unfair or 128 deceptive act or practice as specified in s. 501.204. 129 Section 4.This act shall take effect July 1, 2025.