Consumer Protection: Florida Identity Theft Law

A new consumer protection law enacted in 2014 by the Florida State Legislature requires that each covered entity, governmental entity and third party agent take reasonable measures to protect and secure data in an electronic form containing personal information.

This new law concerning security of confidential personal information is found in Section 501.171, F.S. as part of Florida Chapter 501- Consumer Protection law. This new law became effective July 1, 2014.

This statute defines the terms “personal information” and “covered entity”. The statute does not though define the term “reasonable measures”.

The term “covered entity” includes a cooperative, association or other commercial entity.

While this law provides that it does not establish a private cause of action, a breach of this law is treated as an unfair or deceptive trade practice in any action brought by the Department of Legal Affairs, with penalties to accrue as high as $500,000.00.

Associations may want to consider available insurance to mitigate the effects of any such data breach.

While we make every attempt to ensure that the information contained herein is accurate and complete, the Levine Law Group is not responsible for any omissions, or for the results obtained from the use of this information. Please contact us should you have questions on the applicability of this article to your association.
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This information is for informational purposes only and should not be construed as legal advice.

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