As technology develops, it’s increasingly important to protect our privacy data. Because the United States does not have a nationwide data privacy law, states can enact their own protections. Keeping up with changes to the law, both federally and in Florida, can be time-consuming and expensive. Fortunately, a Florida privacy policy generator can cut down on the cost and effort it takes to stay compliant with Florida data privacy laws.
SixFifty has created state-specific tools to automatically generate a privacy policy. Read on to learn more about Florida’s data protection laws, and how our privacy tools can make compliance easier and more cost-effective than ever.
Who is affected by Florida data privacy laws?
All for-profit organizations doing business in Florida must comply with the Florida Information Protection Act of 2014 (FIPA) and the new House Bill 969, which went into effect in 2022, if they meet the following thresholds:
- Annual global revenue exceeding $25 million, excluding Florida revenue;
- Companies sharing personal data of 50,000 or more consumers, devices, or households; or
- Companies deriving at least half of their revenue from sharing and processing personal data.
There are certain data and business exceptions, including:
- Employee data
- Aggregate data
- Businesses exempt because they’re regulated by the FTC Act, the Gramm-Leach-Bliley Act, or COPPA
- Businesses regulated under the Bank Holding Company Act or Savings Association Act
What’s the difference between privacy policies and privacy notices?
You may wonder why you need two different documents. Both documents serve different purposes. A privacy notice is the public document that you post for consumers to see. It outlines your personal information gathering practices, and tells consumers what you do with their data. A privacy policy is an internal document that your employees follow. It tells them how they should handle consumers’ personal information.
Florida privacy laws
There are two main data privacy laws in Florida: FIPA and House Bill 969. FIPA prevents businesses from misusing consumer data. Companies must notify and obtain consumer consent before collecting any personal information. They’re also prohibited from selling that personal information without consent.
Protected types of data include:
- Credit card information
- Financial records
- Contact information
- Social Security numbers
- Driver’s license information
- Bank account details
- Medical records
Furthermore, FIPA requires that companies notify consumers within 30 days whenever their data has been breached, or when a breach affects more than 500 consumers. If more than 1,000 users are affected, the organization is expected to notify consumer credit reporting agencies. However, if companies meet certain “good cause” requirements, they may be granted an additional 15 days to provide notice. Violations can incur up to $500,000 in penalties.
House Bill 969 is a consumer data privacy act, which went into effect on January 7, 2022. Under HB 969, all companies collecting consumer data must disclose what kind of data they’re collecting from the consumers. They also must notify affected customers about data breaches within 72 hours of discovery.
HB 969 further requires that companies allow users to opt in or out of the sale or sharing of their personal data, or delete the data upon request. They cannot use this personal data for discriminatory purposes. Finally, the bill establishes a private right of action for consumers. Penalties start at $1,000 per violation.
Is there a Florida privacy policy template?
Creating a Florida privacy policy and notice might be easier if you have a template—but one-size-fits-all privacy policies and notices often do not cover each applicable scenario. It’s important to keep up with changes to privacy laws, on both the state and federal level.
SixFifty’s FL website privacy policy generator specifically addresses these needs. Rather than having your legal team or outside counsel draft the documents and monitor changes to the law, your company can generate a privacy policy specific to Florida. You’ll also receive notifications whenever there’s been an update to the law: we update our privacy tools automatically and let you know it’s time to regenerate your privacy documents.
Our software pairs technology with real legal expertise, to deliver a compliant privacy policy and notice in record time. Simply answer a series of questions, download the generated document, and have your lawyer review. It’s a quick and easy way to stay compliant and avoid incurring penalties.
Generate a privacy policy for Florida with SixFifty
If your company does business in Florida and meets the FIPA and HB 969 thresholds, you’ll need a compliant privacy policy and notice. It’s easier than ever with our Florida privacy policy generator. In just a few minutes, you’ll have a policy ready for your lawyers to review—and we’ll keep you updated if there are any new changes. Reach out to us today to schedule a demo, or learn more about our privacy tools!