When it meets December 13 in St. Augustine, the Board of Governors will consider a host of proposed rule amendments and a Code and Rules of Evidence Committee proposal to ask lawmakers to add a definition for “generative artificial intelligence” to §90.951 of Florida law.

The Special Committee on Artificial Intelligence, Tools, & Resources earlier this year asked the Code and Rules of Evidence Committee to “proactively examine the current rules of evidence to address the unique challenges posed by AI-generated evidence,” a staff analysis notes. “The Code and Rules of Evidence Committee felt that defining generative artificial intelligence would be the best approach.”

The proposed definition would state that generative artificial intelligence “includes any evidence created by 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 writings, photographs, recordings, images, videos, audio, text, and other digital content.”

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