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Florida Data Breach Laws: Regulations and Fines

In Florida, any business that experiences a data breach must investigate the likelihood that personal information will be misused. Businesses are legally required to notify affected Florida residents by mail or email within 30 days of the breach. If the security breach affects more than 500,000 people, or the cost of notification exceeds $250,000, other means of notification can be used (e.g., public service announcements). A breach that affects more than 500 people needs to be reported to the Department of Legal Affairs, and a breach that affects more than 1000 people requires notification to credit reporting agencies. See below for details on FL’s data breach laws.

Name of Law / Statute

Florida Information Protection Act of 2014

Definition of Protected Information

Combination of (1) name or other identifying info, PLUS (2) one or more of these "data" elements: SSN; driver's license number; or account number, credit card number, debit card number if accompanied by PIN, password, or access codes PLUS medical data or health insurance info OR email or usernames in combo with passwords or security questions; also includes military ID and passport #

Who Is Subject to Law?

Any commercial entity that acquires, maintains, stores, or uses PI

Notification of Consumers?

Yes, unless determination of no harm by business AND government agency in conjunction, documented in writing

By what means?

Written or electronic within 30 days of determination of breach; must include specific information

Substitute Notice Threshold?

If cost of notice >$250,000 or involves >500k residents

Notification of authorities / regulators required?

Yes, if >500 residents

By what means?

Writing, including synopsis, consumer information, remedial action taken, and police reports (if requested)

Regulatory Fines

$1,000/day/breach, up to $50,000/30-day period up to 180 days, never to exceed $500k

Credit monitoring requirement?

No

Private lawsuits allowed?

No

Private damages cap?

N/A

Regulatory actions allowed?

Yes

HIPAA Compliance exemption?

N/A

Other  (e.g., timeframe)

Law does not apply if PI was encrypted or otherwise secured or modified to protect PI

Link to complete law

http://laws.flrules.org/2014/189

Read the full text of Florida’s data breach law for more information.

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