WHAT THIS BILL REGULATES · 3 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1)(a) "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means 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.Fla. Stat. § 106.145(1)(a)" means 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 contentSynthetic content"Synthetic content" means any visual or audio content that has been produced or modified by a generative artificial intelligence tool.Fla. Stat. § 501.9741(1)(g) including images, videos, audio, text, and other digital content.
(1)(b) "Provenance dataProvenance data"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.Fla. Stat. § 106.145(1)(b)" means information identifying whether some or all of the content has been derived through generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means 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.Fla. Stat. § 106.145(1)(a) and, if so, the name of the generative artificial intelligence toolGenerative artificial intelligence tool"Generative artificial intelligence tool" means a product or feature that uses generative artificial intelligence to create visual or audio digital content.Fla. Stat. § 501.9741(1)(d) used to generate such content and the organization that developed such tool.
Section 1 of the bill amends existing § 106.145 to add a definition of provenance data alongside the existing definition of generative artificial intelligence. These definitions underpin the new electoral provenance requirement in subsection (4).
(4) 1 Any content purporting to feature an electoral candidate which can be viewed, heard, or accessed online must include digital provenance dataProvenance data"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.Fla. Stat. § 106.145(1)(b) if such content was created by generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means 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.Fla. Stat. § 106.145(1)(a), as defined in s. 106.145(1).
New subsection (4) imposes a standalone provenance requirement on any content purporting to feature an electoral candidate that was created by generative AI and can be viewed, heard, or accessed online. The content must include digital provenance data as defined in subsection (1)(b). This operates independently of the general consumer-protection provenance framework in § 501.9741 — it applies to any person who publishes such content, not only to providers of generative AI tools. Failure to include the required disclaimer in a political advertisement remains a first-degree misdemeanor under redesignated subsection (5).
(5)(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) and who fails to include the required disclaimer commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Redesignated subsection (5) (previously subsection (4)) retains the existing criminal penalty: a person identified as paying for, sponsoring, or approving a political advertisement who fails to include the required disclaimer commits a first-degree misdemeanor. The amendment updates the internal cross-reference to point to subsection (2).
(1) There is established within the division a digital content provenance pilot program. 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 dataProvenance data"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.Fla. Stat. § 106.145(1)(b).
(2) 2 For all digital images and videos created by the division on or after July 1, 2025, the division shall include a conspicuous indicator with an encoded link allowing a user to access provenance dataProvenance data"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.Fla. Stat. § 106.145(1)(b).
(3) 3 By November 15, 2026, 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, including whether the integration of provenance dataProvenance data"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.Fla. Stat. § 106.145(1)(b) can be scaled effectively within the division's digital content library and recommendations for other valuable uses of provenance dataProvenance data"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.Fla. Stat. § 106.145(1)(b) and credentialing that could be implemented within other agencies.
(4) This section is repealed June 30, 2027.
This section creates a time-limited pilot program within the Division of Emergency Management. The division must include a conspicuous indicator with an encoded link on all digital images and videos it creates on or after July 1, 2025, allowing users to access provenance data. By November 15, 2026, the division must report to the Legislature on scalability and recommendations for broader government use. The entire section sunsets on June 30, 2027. This is a government-facing obligation with no private-sector compliance impact.
(1)(a) "Application toolApplication tool"Application tool" means a tool or service that enables the user to apply provenance data, either directly or through the use of third-party technology, to any digital content that has been modified to include synthetic content.Fla. Stat. § 501.9741(1)(a)" means a tool or service that enables the user to apply provenance dataProvenance data"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.Fla. Stat. § 106.145(1)(b), either directly or through the use of third-party technology, to any digital content that has been modified to include synthetic contentSynthetic content"Synthetic content" means any visual or audio content that has been produced or modified by a generative artificial intelligence tool.Fla. Stat. § 501.9741(1)(g).
(1)(b) "Capture deviceCapture device"Capture device" means a device that can record any visual or audio digital content, including, but not limited to, a camera, a cellular phone with a camera, a microphone, or an audio or video recorder.Fla. Stat. § 501.9741(1)(b)" means a device that can record any visual or audio digital content, including, but not limited to, a camera, a cellular phone with a camera, a microphone, or an audio or video recorder.
(1)(c) "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means 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.Fla. Stat. § 106.145(1)(a)" has the same meaning as in s. 106.145(1).
(1)(d) "Generative artificial intelligence toolGenerative artificial intelligence tool"Generative artificial intelligence tool" means a product or feature that uses generative artificial intelligence to create visual or audio digital content.Fla. Stat. § 501.9741(1)(d)" means a product or feature that uses generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means 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.Fla. Stat. § 106.145(1)(a) to create visual or audio digital content.
(1)(e) "Provenance dataProvenance data"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.Fla. Stat. § 106.145(1)(b)" has the same meaning as in s. 106.145(1).
(1)(f) "Provenance readerProvenance reader"Provenance reader" means a tool or service that allows users to identify provenance data of visual or audio digital content.Fla. Stat. § 501.9741(1)(f)" means a tool or service that allows users to identify provenance data of visual or audio digital content.
(1)(g) "Synthetic contentSynthetic content"Synthetic content" means any visual or audio content that has been produced or modified by a generative artificial intelligence tool.Fla. Stat. § 501.9741(1)(g)" means any visual or audio content that has been produced or modified by a generative artificial intelligence toolGenerative artificial intelligence tool"Generative artificial intelligence tool" means a product or feature that uses generative artificial intelligence to create visual or audio digital content.Fla. Stat. § 501.9741(1)(d).
Subsection (1) defines the key terms for the consumer-protection provenance framework. Notable definitions include generative artificial intelligence tool (limited to visual or audio digital content), synthetic content (visual or audio content produced or modified by such a tool), capture device (broadly defined to include cameras, phones with cameras, microphones, and recorders), and provenance reader (a tool for identifying provenance data). The definition of provenance data itself is imported from § 106.145(1).
(2) 4 The provider of a generative artificial intelligence toolProvider of a generative artificial intelligence toolNot separately defined; used throughout § 501.9741 to refer to the entity that makes a generative artificial intelligence tool available. Obligations fall on the provider to embed provenance data, make detection tools and readers publicly available, and comply with personal-information restrictions.Fla. Stat. § 501.9741(2)–(4) must apply provenance dataProvenance data"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.Fla. Stat. § 106.145(1)(b), either directly or through the use of third-party technology, to synthetic contentSynthetic content"Synthetic content" means any visual or audio content that has been produced or modified by a generative artificial intelligence tool.Fla. Stat. § 501.9741(1)(g) wholly generated by the provider's generative artificial intelligence toolGenerative artificial intelligence tool"Generative artificial intelligence tool" means a product or feature that uses generative artificial intelligence to create visual or audio digital content.Fla. Stat. § 501.9741(1)(d).
Subsection (2) imposes the core provenance-embedding obligation: the provider of a generative AI tool must apply provenance data to synthetic content wholly generated by the provider's tool. The obligation may be satisfied directly or through third-party technology. The "wholly generated" qualifier is significant — content merely modified or partially generated by the tool may not trigger this requirement, creating a potential gap for hybrid human-AI content.
(3)(a)–(b) 5 The provider of a generative artificial intelligence toolProvider of a generative artificial intelligence toolNot separately defined; used throughout § 501.9741 to refer to the entity that makes a generative artificial intelligence tool available. Obligations fall on the provider to embed provenance data, make detection tools and readers publicly available, and comply with personal-information restrictions.Fla. Stat. § 501.9741(2)–(4) must make available to the public: (a) An application toolApplication tool"Application tool" means a tool or service that enables the user to apply provenance data, either directly or through the use of third-party technology, to any digital content that has been modified to include synthetic content.Fla. Stat. § 501.9741(1)(a) that can determine whether an image, a video, or audio content, or content that is any combination thereof, is synthetic contentSynthetic content"Synthetic content" means any visual or audio content that has been produced or modified by a generative artificial intelligence tool.Fla. Stat. § 501.9741(1)(g). (b) A free provenance readerProvenance reader"Provenance reader" means a tool or service that allows users to identify provenance data of visual or audio digital content.Fla. Stat. § 501.9741(1)(f) that can view provenance information for synthetic contentSynthetic content"Synthetic content" means any visual or audio content that has been produced or modified by a generative artificial intelligence tool.Fla. Stat. § 501.9741(1)(g).
Subsection (3) requires each provider to make two tools publicly available: (a) an application tool that can determine whether an image, video, audio content, or any combination thereof is synthetic content, and (b) a free provenance reader that can view provenance information for synthetic content. These correspond to the taxonomy concepts of a public AI-detection API and a provenance-verification interface.
(4) 6 Provenance dataProvenance data"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.Fla. Stat. § 106.145(1)(b) may not include any personal identifying information or any unique device, system, or service information which is reasonably capable of being associated with a particular user, unless directed by the user.
Subsection (4) restricts the content of provenance data itself: it may not include personal identifying information or any unique device, system, or service information reasonably capable of being associated with a particular user, unless the user directs inclusion. This is a privacy-protective constraint on the provenance signal design, preventing provenance metadata from becoming a user-tracking mechanism.
(5) 7 A social media platform as defined in s. 501.2041 shall retain all available provenance data of any suspected synthetic contentSynthetic content"Synthetic content" means any visual or audio content that has been produced or modified by a generative artificial intelligence tool.Fla. Stat. § 501.9741(1)(g). Social media platforms shall make such data available to platform users through a conspicuous indicator with an encoded link on such content.
Subsection (5) imposes two distinct duties on social media platforms (as defined in existing Fla. Stat. § 501.2041): they must retain all available provenance data of any suspected synthetic content, and they must display that data to platform users through a conspicuous indicator with an encoded link on the content. This creates both a data-retention obligation and a user-facing transparency interface requirement.
(6) 8 A capture deviceCapture device"Capture device" means a device that can record any visual or audio digital content, including, but not limited to, a camera, a cellular phone with a camera, a microphone, or an audio or video recorder.Fla. Stat. § 501.9741(1)(b) sold in this state must have an option to record provenance data of any suspected synthetic contentSynthetic content"Synthetic content" means any visual or audio content that has been produced or modified by a generative artificial intelligence tool.Fla. Stat. § 501.9741(1)(g). The manufacturer of a capture deviceCapture device"Capture device" means a device that can record any visual or audio digital content, including, but not limited to, a camera, a cellular phone with a camera, a microphone, or an audio or video recorder.Fla. Stat. § 501.9741(1)(b) sold in this state must ensure that such provenance dataProvenance data"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.Fla. Stat. § 106.145(1)(b) can be read by third-party applications.
Subsection (6) imposes two obligations on capture-device manufacturers: every capture device sold in Florida must include an option to record provenance data of any suspected synthetic content, and the manufacturer must ensure that provenance data can be read by third-party applications. This creates an interoperability requirement alongside the hardware-capability mandate — provenance data cannot be locked into a proprietary ecosystem.
(7) A violation of this section constitutes an unfair or deceptive act or practice as described in s. 501.204. The Attorney General shall enforce this section. The Department of Legal Affairs shall notify the provider of the generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means 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.Fla. Stat. § 106.145(1)(a) system, the manufacturer of a capture deviceCapture device"Capture device" means a device that can record any visual or audio digital content, including, but not limited to, a camera, a cellular phone with a camera, a microphone, or an audio or video recorder.Fla. Stat. § 501.9741(1)(b), or the social media platform of any suspected violation, and allow the provider 30 calendar days to cure the alleged violation before initiating enforcement action.
Subsection (7) designates violations of § 501.9741 as unfair or deceptive acts or practices under Fla. Stat. § 501.204 (FDUTPA). Enforcement is assigned exclusively to the Attorney General. A mandatory 30-calendar-day cure period applies: the Department of Legal Affairs must notify a suspected violator — whether a provider, capture-device manufacturer, or social media platform — and allow the entity to cure the alleged violation before initiating enforcement action.