Florida Senate - 2025 CS for SB 702 By the Committee on Commerce and Tourism; and Senator Burgess 577-02242-25 2025702c1 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 created by generative artificial intelligence 6 purporting to depict an electoral candidate include 7 digital provenance data; amending s. 252.353, F.S.; 8 creating a digital content provenance pilot program 9 within the Division of Emergency Management; providing 10 the pilot programs purpose; requiring the division to 11 include a conspicuous indicator with an encoded link 12 on the digital images and videos it creates after a 13 specified date to allow users to access provenance 14 data; requiring the division to submit an annual 15 report to the Legislature by a specified date; 16 specifying requirements for the report; providing for 17 future repeal; creating s. 501.9741, F.S.; defining 18 terms; requiring a provider of a generative artificial 19 intelligence tool to apply provenance data, either 20 directly or through a third-party technology, to 21 synthetic content wholly generated by the providers 22 generative artificial intelligence tool; requiring a 23 provider of a generative artificial intelligence tool 24 to make available to the public specified tools and 25 readers to determine whether certain content was 26 created by the providers generative artificial 27 intelligence tool; prohibiting the inclusion of 28 certain information in provenance data which is 29 reasonably capable of being associated with a 30 particular user, unless directed by the user; 31 requiring social media platforms to retain provenance 32 data of synthetic content provided to or posted on the 33 platforms; requiring social media platforms to make 34 such data available to platform users through a 35 conspicuous indicator on such content; requiring that 36 a capture device sold in this state have an option to 37 record provenance data of certain content; requiring 38 manufacturers of such capture devices to ensure 39 provenance data can be read by third-party 40 applications; providing that a violation of the act is 41 an unfair or deceptive act or practice; requiring the 42 Attorney General to enforce this section; requiring 43 the Department of Legal Affairs to notify any person 44 suspected of violating the act and allow them to cure 45 such violation within a specified timeframe before 46 initiating enforcement action; providing an effective 47 date. 48 49 Be It Enacted by the Legislature of the State of Florida: 50 51 Section 1.Present subsection (4) of section 106.145, 52 Florida Statutes, is redesignated as subsection (5), a new 53 subsection (4) is added to that section, and subsection (1) and 54 paragraph (a) of present subsection (4) are amended, to read: 55 106.145Use of artificial intelligence. 56 (1)As used in this section, the term: 57 (a)Generative artificial intelligence means a machine 58 based system that can, for a given set of human-defined 59 objectives, emulate the structure and characteristics of input 60 data in order to generate derived synthetic content including 61 images, videos, audio, text, and other digital content. 62 (b)Provenance data means information identifying whether 63 some or all of the content has been derived through generative 64 artificial intelligence and, if so, the name of the generative 65 artificial intelligence tool used to generate such content and 66 the organization that developed such tool. 67 (4)Any content purporting to feature an electoral 68 candidate which can be viewed, heard, or accessed online must 69 include digital provenance data if such content was created by 70 generative artificial intelligence, as defined in s. 106.145(1). 71 (5)(4)(a)In addition to any civil penalties provided by 72 law, a person identified pursuant to another disclaimer required 73 under this chapter as paying for, sponsoring, or approving a 74 political advertisement, an electioneering communication, or an 75 other miscellaneous advertisement of a political nature which is 76 required to contain the disclaimer prescribed under subsection 77 (2) in this section and who fails to include the required 78 disclaimer commits a misdemeanor of the first degree, punishable 79 as provided in s. 775.082 or s. 775.083. 80 Section 2.Section 252.353, Florida Statutes, is created to 81 read: 82 252.353Digital content provenance pilot program. 83 (1)There is established within the division a digital 84 content provenance pilot program. The purpose of the pilot 85 program is to enhance the security and authenticity of digital 86 content used in emergency management operations through the 87 inclusion of provenance data. 88 (2)For all digital images and videos created by the 89 division on or after July 1, 2025, the division shall include a 90 conspicuous indicator with an encoded link allowing a user to 91 access provenance data. 92 (3)By November 15, 2026, the division shall submit to the 93 President of the Senate and the Speaker of the House of 94 Representatives a report that includes information concerning 95 the pilot program, including whether the integration of 96 provenance data can be scaled effectively within the divisions 97 digital content library and recommendations for other valuable 98 uses of provenance data and credentialing that could be 99 implemented within other agencies. 100 (4)This section is repealed June 30, 2027. 101 Section 3.Section 501.9741, Florida Statutes, is created 102 to read: 103 501.9741Provenance data of digital content. 104 (1)As used in this section, the term: 105 (a)Application tool means a tool or service that enables 106 the user to apply provenance data, either directly or through 107 the use of third-party technology, to any digital content that 108 has been modified to include synthetic content. 109 (b)Capture device means a device that can record any 110 visual or audio digital content, including, but not limited to, 111 a camera, a cellular phone with a camera, a microphone, or an 112 audio or video recorder. 113 (c)Generative artificial intelligence has the same 114 meaning as in s. 106.145(1). 115 (d)Generative artificial intelligence tool means a 116 product or feature that uses generative artificial intelligence 117 to create visual or audio digital content. 118 (e)Provenance data has the same meaning as in s. 119 106.145(1). 120 (f)Provenance reader means a tool or service that allows 121 users to identify provenance data of visual or audio digital 122 content. 123 (g)Synthetic content means any visual or audio content 124 that has been produced or modified by a generative artificial 125 intelligence tool. 126 (2)The provider of a generative artificial intelligence 127 tool must apply provenance data, either directly or through the 128 use of third-party technology, to synthetic content wholly 129 generated by the providers generative artificial intelligence 130 tool. 131 (3)The provider of a generative artificial intelligence 132 tool must make available to the public: 133 (a)An application tool that can determine whether an 134 image, a video, or audio content, or content that is any 135 combination thereof, is synthetic content. 136 (b)A free provenance reader that can view provenance 137 information for synthetic content. 138 (4)Provenance data may not include any personal 139 identifying information or any unique device, system, or service 140 information which is reasonably capable of being associated with 141 a particular user, unless directed by the user. 142 (5)A social media platform as defined in s. 501.2041 shall 143 retain all available provenance data of any suspected synthetic 144 content. Social media platforms shall make such data available 145 to platform users through a conspicuous indicator with an 146 encoded link on such content. 147 (6)A capture device sold in this state must have an option 148 to record provenance data of any suspected synthetic content. 149 The manufacturer of a capture device sold in this state must 150 ensure that such provenance data can be read by third-party 151 applications. 152 (7)A violation of this section constitutes an unfair or 153 deceptive act or practice as described in s. 501.204. The 154 Attorney General shall enforce this section. The Department of 155 Legal Affairs shall notify the provider of the generative 156 artificial intelligence system, the manufacturer of a capture 157 device, or the social media platform of any suspected violation, 158 and allow the provider 30 calendar days to cure the alleged 159 violation before initiating enforcement action. 160 Section 4.This act shall take effect July 1, 2025.