Breach Notification 1Who you must tell after a data breach, and how fast
LawProduceWhat it requiresTriggerEnforced by
Florida Information Protection Act (FIPA)AI-compiledFla. Stat. 501.171Any business or governmental entity that stores personal information of Florida residents in electronic form, plus third-party agents that hold it for themDistribute
Notice
After a breach, send written notice to affected Florida residents within 30 days of determining the breach, and file a written report with the Department of Legal Affairs when 500 or more residents are affected (with a copy of the consumer notice and a description of the incident). Vendors holding the data must alert the owning business within 10 days.
From the first employee
Florida Attorney General (Department of Legal Affairs)
Data Security Program 1A written safeguards program the state requires before anything goes wrong
LawProduceWhat it requiresTriggerEnforced by
Florida Information Protection Act, reasonable measures dutyAI-compiledFla. Stat. 501.171(2) and (8)Every covered entity and third-party agent holding electronic personal information of Florida residentsWrite
Written program
Keep reasonable security measures in place for electronic personal information and dispose of customer records so they cannot be read or reconstructed; there is no prescribed written program, but the measures must be defensible if the Attorney General investigates after a breach.
From the first employee
Florida Attorney General (Department of Legal Affairs)
Consumer Privacy Law 1Rights, notices and assessments for consumer data
LawProduceWhat it requiresTriggerEnforced by
Florida Digital Bill of RightsAI-compiledFla. Stat. 501.701 to 501.722For-profit controllers with more than $1 billion in global annual revenue that also run a major online-ad business, a smart-speaker assistant, or a large app store; a narrower set of duties (sensitive data consent, search-engine disclosures) reaches other businessesWrite
Written policy
Publish a privacy notice covering data categories, purposes, sharing and consumer rights; honor access, deletion, correction and opt-out requests; obtain consent before processing sensitive data; run and document data protection assessments for high-risk processing.
From the first employee
Florida Attorney General
Biometric and Health Data 1Consent and retention rules for fingerprints, faces and health data
LawProduceWhat it requiresTriggerEnforced by
Florida Digital Bill of Rights, biometric data as sensitive dataAI-compiledFla. Stat. 501.702(4) and (31)(b); 501.71(2)(d)Controllers covered by the Digital Bill of Rights - for-profit businesses over $1 billion in global revenue that also run a major online-ad business, a smart-speaker assistant or a large app store. Florida has no standalone biometric privacy act of the Illinois BIPA or Texas CUBI kindWrite
Written policy
Treat fingerprints, voiceprints, retina or iris scans and other unique biological measurements used to identify a person as sensitive data. Get the consumer's consent before processing it, cover it in the privacy notice, and run and document a data protection assessment for the processing. Photographs, and video or audio recordings and data derived from them, sit outside the definition.
From the first employee
Florida Attorney General
Paid Leave Policies 1Sick and family leave laws that come with a written policy or notice
LawProduceWhat it requiresTriggerEnforced by
Florida domestic and sexual violence leaveAI-compiledFla. Stat. 741.313Employers with 50 or more employees, for employees with at least 3 months of serviceWrite
Written policy
Allow up to 3 working days of leave in any 12-month period when the employee or a family or household member is a victim of domestic or sexual violence, paid or unpaid at the employer's choice. Set the advance-notice and documentation rules in an employer leave policy, because the statute makes the employee give notice as that policy requires. Keep everything about the employee's leave confidential. Do not interfere with, deny or retaliate over the leave.
50+ employees
Private civil suit for damages or equitable relief in circuit court; that is the sole remedy
Required Postings 1The notices every workplace in the state must display
LawProduceWhat it requiresTriggerEnforced by
Florida required workplace postersAI-compiledFla. Stat. 448.109 (minimum wage), 443.151 (reemployment assistance), 450.045 (child labor), 440.40 (workers' compensation), 760 (discrimination)Every Florida employerPost
Posting
Display the state poster set where employees can read it: Florida minimum wage (updated each September 30), reemployment assistance, child labor law, workers' compensation broken-arm notice, and the Florida Commission on Human Relations discrimination notice, alongside the federal posters.
From the first employee
FloridaCommerce (Department of Commerce); Department of Business and Professional Regulation for child labor; Division of Workers' Compensation
Pay Transparency 1Salary ranges in job posts and pay disclosure on request
LawProduceWhat it requiresTriggerEnforced by
Florida wage rate discrimination based on sexAI-compiledFla. Stat. 448.07; see also 725.07Any person employing two or more employees, including the state and its political subdivisionsWrite
Written policy
Do not pay employees of one sex less than employees of the opposite sex for equal work on jobs needing equal skill, effort and responsibility under similar working conditions. Any pay gap has to rest on a seniority system, a merit system, a system measuring earnings by quantity or quality of production, or another reasonable good-faith factor other than sex, so the employer needs those systems documented well enough to show in court. Florida sets no salary-range disclosure duty and no separate state pay recordkeeping rule; federal FLSA records apply.
2+ employees
Private civil action for the pay difference, brought within 6 months of termination; costs and attorney fees to the prevailing party. Florida Commission on Human Relations under the Florida Civil Rights Act
Licensing and Certifications 4Registrations, licences and certifications a business or its staff must hold
LawProduceWhat it requiresTriggerEnforced by
Business entity registration and annual report (Sunbiz)AI-compiledFla. Stat. ch. 605 (LLCs), ch. 607 (corporations), 865.09 (fictitious names)Every corporation, LLC, partnership or foreign entity doing business in Florida, and anyone trading under a fictitious nameFile
Filing / record
File formation or foreign-qualification documents with the Division of Corporations, register any fictitious name, and file an annual report between January 1 and May 1 each year to stay active.
From the first employee
Florida Department of State, Division of Corporations
Florida business tax registration (sales tax and reemployment tax)AI-compiledFla. Stat. 212.18 (sales tax dealer registration), 443.1215 (reemployment tax)Businesses selling taxable goods or services in Florida, and employers liable for reemployment (unemployment) taxFile
Filing / record
File the Florida Business Tax Application (Form DR-1) with the Department of Revenue to obtain a sales tax certificate and a reemployment tax account, then file periodic returns.
From the first employee
Florida Department of Revenue
Construction contractor licensing (Construction Industry Licensing Board)AI-compiledFla. Stat. ch. 489, part IAnyone contracting for building, roofing, plumbing, HVAC, pool, electrical and similar work; state-certified licenses allow statewide work, registered licenses are limited to the issuing localityCertify
Certification
Hold a certified or registered contractor license from DBPR before advertising or performing contracting work, keep the license number on contracts and ads, and renew on the two-year cycle with continuing education.
From the first employee
Florida Department of Business and Professional Regulation, Construction Industry Licensing Board
Food service manager certification and food handler trainingAI-compiledFla. Stat. 509.039 and 509.049; Fla. Admin. Code 61C-4.023Every food service establishment licensed by DBPR (restaurants, caterers, mobile food units, most food venues other than grocery and institutional)Certify
Certification
Have at least one certified food manager (exam passed within 30 days of hire) and designate the responsible manager in writing for each location; ensure every food service employee completes an approved food handler course within 60 days of hire and keep the training records for inspection.
From the first employee
Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants
Other Written Policies 4Any other document the state makes an employer write or hand out
LawProduceWhat it requiresTriggerEnforced by
Private employer E-Verify mandateAI-compiledFla. Stat. 448.095Private employers with 25 or more employees (all public employers and their contractors regardless of size)Certify
Certification
Run every new hire through E-Verify, keep the verification records for at least three years, and certify compliance on the first reemployment tax return of each calendar year.
25+ employees
FloridaCommerce (Department of Commerce); licensing agencies may suspend licenses
Drug-Free Workplace Program (voluntary, premium credit)AI-compiledFla. Stat. 440.102; 627.0915Any employer that chooses to run a certified drug-free workplace program to earn a workers' compensation premium discount or to deny benefits after a positive test; testing itself is not required by Florida lawWrite
Written policy
Adopt a written drug-testing policy statement covering the program's twelve required elements, hand it to every employee and applicant, give at least 60 days' notice before testing starts, post a notice of the policy, and use licensed labs and a medical review officer.
From the first employee
Florida Department of Financial Services, Division of Workers' Compensation; Agency for Health Care Administration (labs)
Workers' compensation coverage and noticeAI-compiledFla. Stat. 440.02, 440.10, 440.40Non-construction employers with 4 or more employees; construction employers with 1 or more; farms with 6 regular or 12 seasonal workersDistribute
Notice
Carry workers' compensation insurance (or hold an approved exemption or self-insurance authorization) and post the Division's workers' compensation notice where employees can see it.
4+ employees
Florida Department of Financial Services, Division of Workers' Compensation
Child labor recordkeeping and noticeAI-compiledFla. Stat. ch. 450, part I (450.045, 450.081)Every employer that hires anyone under 18Post
Posting
Obtain and keep proof of age for each minor for the length of employment, post the state child labor notice, and keep schedules within the hour limits for minors 15 and under and 16 to 17 (with written waivers where the statute allows them).
From the first employee
Florida Department of Business and Professional Regulation, Child Labor Program