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Florida data breach notification law

Florida's data breach notification requirements under Fla. Stat. §501.171 (Florida Information Protection Act). Below: the resident-notification deadline, AG/regulator filing threshold, the encryption safe harbor, private right of action exposure, penalty schedule, and the common pitfalls that turn an avoidable incident into a regulator enforcement action.

Statute
Fla. Stat. §501.171
Enforcer
Florida Department of Legal Affairs (Attorney General)
AG notification
Required
Private right of action
No (AG-only enforcement)

Notification deadlines

Notify affected residents
As expeditiously as practicable and without unreasonable delay, but no later than 30 days after determination of a breach
Notify the state regulator
Yes — within 30 days if more than 500 Florida residents are affected (extensions of up to 15 days allowed for good cause)
Notify consumer reporting agencies
Yes — if more than 1,000 residents, notify nationwide CRAs

When is notification required?

Trigger / harm threshold
Notification not required if, after appropriate investigation and consultation with law enforcement, the breach has not and will not likely result in identity theft or financial harm — written determination retained 5 years
Encryption safe harbor
Yes — properly encrypted personal information is generally exempt from notification, provided the encryption key was not also compromised.

What counts as "personal information" under Florida law

First name/initial + last name with SSN, DL/state ID, passport, military ID, financial account + access code, medical history/treatment, health-insurance ID, OR username/email + password/security Q&A; ALSO standalone account + access code

Penalties and enforcement

$1,000 per day for first 30 days late, $50,000 per 30-day period thereafter, capped at $500,000 per breach — among the steepest day-by-day penalties
Enforced by: Florida Department of Legal Affairs (Attorney General). Official regulator page →

Common pitfalls

⚠ Florida's 30-day deadline + escalating daily fines make late notice the most expensive mistake — assign owner on Day 0
⚠ AG notice can be extended 15 days for 'good cause shown in writing' — request the extension formally, do not assume

Frequently asked questions

How long do I have to notify Florida residents after a data breach?
As expeditiously as practicable and without unreasonable delay, but no later than 30 days after determination of a breach
Do I have to notify the Florida Attorney General?
Yes — within 30 days if more than 500 Florida residents are affected (extensions of up to 15 days allowed for good cause)
Does Florida require notification to nationwide consumer reporting agencies?
Yes — if more than 1,000 residents, notify nationwide CRAs
Is encrypted data exempt from Florida's breach notification requirement?
Yes — Florida has an encryption safe harbor. Breaches of properly encrypted personal information generally do not trigger notification, provided the encryption key was not also compromised.
Can Florida residents sue me directly for a data breach?
No — Florida's breach statute does not provide a direct private right of action. Residents typically must rely on the AG to enforce, or pursue common-law negligence claims.
What counts as 'personal information' under Florida law?
First name/initial + last name with SSN, DL/state ID, passport, military ID, financial account + access code, medical history/treatment, health-insurance ID, OR username/email + password/security Q&A; ALSO standalone account + access code
What are the penalties for failing to comply with Florida's breach notification law?
$1,000 per day for first 30 days late, $50,000 per 30-day period thereafter, capped at $500,000 per breach — among the steepest day-by-day penalties

Related state breach laws

Delaware (DE)
6 Del. C. §§12B-101 to 12B-104
District of Columbia (DC)
D.C. Code §§28-3851 to 28-3853
Georgia (GA)
Ga. Code §§10-1-910 to 10-1-915
Hawaii (HI)
Haw. Rev. Stat. §§487N-1 to 487N-7

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