SB 702 — Provenance of Digital Content

Florida Senate - 2025 CS for SB 702 By Senatorthe BurgessCommittee 23-00603A-25on 2025702__Commerce Aand billTourism; to be entitled An act relating to provenance of digital content;

and Senator Burgess 577-02242-25 2025702c1 A bill to be entitled An act relating to provenance of digital content;

requiring that certain content created by generative artificial intelligence purporting to depict an electoral candidate include digital provenance data;

creatingamending s.

requiring the division to adoptinclude rules;a conspicuous indicator with an encoded link on the digital images and videos it creates after a specified date to allow users to access provenance data;

requiring thata provider of a generative artificial intelligence tool to apply provenance datadata, beeither includeddirectly onor specifiedthrough data;a third-party technology, to synthetic content wholly generated by the provider’s generative artificial intelligence tool;

requiring providersa provider of certaina generative artificial intelligence toolstool to make applicationavailable to the public specified tools and provenance readers available to determine whether certain content was created by the public;provider’s generative artificial intelligence tool;

requiringprohibiting the inclusion of certain socialinformation mediain platformsprovenance todata retainwhich andis makereasonably availablecapable certainof provenancebeing data;associated with a Page 1 of 6 CODING:

requiringWords thatstricken certainare capturedeletions; devices allow an option to include provenance data on certain content;

providingwords aunderlined requirementare foradditions. the manufacturer of such devices;

providingFlorida thatSenate a- violation2025 constitutesCS anfor unfairSB or702 deceptive577-02242-25 act2025702c1 orparticular practice;user, unless directed by the user;

requiring social media platforms to retain provenance data of synthetic content provided to or posted on the platforms;

requiring social media platforms to make such data available to platform users through a conspicuous indicator on such content;

requiring that a capture device sold in this state have an option to record provenance data of certain content;

requiring manufacturers of such capture devices to ensure provenance data can be read by third-party applications;

providing that a violation of the act is an unfair or deceptive act or practice;

requiring the Attorney General to enforce this section;

requiring the Department of Legal Affairs to notify any person suspected of violating the act and allow them to cure such violation within a specified timeframe before initiating enforcement action;

Present subsection (4) of section 106.145, Florida Statutes, is redesignated as subsection (5), a new Pagesubsection 1(4) is added to that section, and subsection (1) and paragraph (a) of 5present CODING:subsection (4) are amended, to read:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 SB 702 23-00603A-25 2025702__ subsection (4) is added to that section, and subsection (1) and present subsection (4) of that section are amended, to read:

(a) “Generative artificial intelligence” means a machine- based system that can, for a given set of human-defined objectives,Page emulate2 the structure and characteristics of input6 dataCODING: in order to generate derived synthetic content including images, videos, audio, text, and other digital content.

(b) “Provenance data” means information that records the origin of a piece of visual or audio digital content and the history of modifications to such content which is in a format that is compliant with widely adopted guidelines or specifications promulgated by an established standard-setting body.

The term includes, but is not limited to, information identifying whether some or all of the content has been derived through generative artificial intelligence and, if so, the name of the generative artificial intelligence tool used to generate such content and the organization that developed such tool.

(4) Any content regarding an election or purporting to feature a candidate which can be viewed, heard, or accessed online must carry digital provenance data.

(5)(a)(4)(a) In addition to any civil penalties provided by law, a person identified pursuant to another disclaimer required under this chapter as paying for, sponsoring, or approving a political advertisement, an electioneering communication, or any other an other miscellaneous advertisement of a political nature which is required to contain the disclaimer prescribed under subsection (2) in this section and who fails to include the Page 2 of 5 CODING:

Florida Senate - 2025 CS for SB 702 23-00603A-25577-02242-25 2025702__2025702c1 requiredobjectives, disclaimeremulate commitsthe astructure misdemeanorand characteristics of theinput firstdata degree,in punishableorder asto providedgenerate inderived s.synthetic content including images, videos, audio, text, and other digital content.

(b) “Provenance data” means information identifying whether some or all of the content has been derived through generative artificial intelligence and, if so, the name of the generative artificial intelligence tool used to generate such content and the organization that developed such tool.

(4) Any content purporting to feature an electoral candidate which can be viewed, heard, or accessed online must include digital provenance data if such content was created by generative artificial intelligence, as defined in s.

106.145(1).

(5)(4)(a) In addition to any civil penalties provided by law, a person identified pursuant to another disclaimer required under this chapter as paying for, sponsoring, or approving a political advertisement, an electioneering communication, or an other miscellaneous advertisement of a political nature which is required to contain the disclaimer prescribed under subsection (2) in this section and who fails to include the required disclaimer commits a misdemeanor of the first degree, punishable as provided in s.

(b) Any person may file a complaint with the Florida Elections Commission pursuant to s.

106.25 alleging a violation of this section.

The commission shall adopt rules to provide an expedited hearing of complaints filed under this section, or, in cases referred to the Division of Administrative Hearings pursuant to s.

106.25(5), the director shall assign an administrative law judge to provide an expedited hearing.

The purpose of the pilot program is to enhance the security and authenticity of digital content used in emergency management operations through the inclusion of provenance datadata. as defined in s.

106.145(1).Page 3 of 6 CODING:

(2) The division shall adopt rules necessary to implement the pilot program.

(3) By December 1 of each year, the division shall submit to the President of the Senate and the Speaker of the House of Representatives a report that includes information concerning the pilot program and whether any changes should be made to the pilot program which would increase its effectiveness.