(1) This part applies only to a person who:

(a) Conducts business in this state or produces a product or service used by residents of this state; and

Terms Used In Florida Statutes 501.703

  • authenticated: means to verify or the state of having been verified, respectively, through reasonable means that the consumer who is entitled to exercise the consumer's rights under…. See Florida Statutes 501.702
  • Controller: means :
    (a) A sole proprietorship, partnership, limited liability company, corporation, association, or legal entity that meets the following requirements:
    1. See Florida Statutes 501.702
  • Department: means the Department of Legal Affairs. See Florida Statutes 501.203
  • Nonprofit organization: means any of the following:
    (a) An organization exempt from federal taxation under…. See Florida Statutes 501.702
  • person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
  • Personal data: means any information, including sensitive data, which is linked or reasonably linkable to an identified or identifiable individual. See Florida Statutes 501.702
  • political subdivision: include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state. See Florida Statutes 1.01
  • Postsecondary education institution: means a Florida College System institution, state university, or nonpublic postsecondary education institution that receives state funds. See Florida Statutes 501.702
  • processing: means an operation or set of operations performed, whether by manual or automated means, on personal data or on sets of personal data, such as the collection, use, storage, disclosure, analysis, deletion, or modification of personal data. See Florida Statutes 501.702
  • Processor: means a person who processes personal data on behalf of a controller. See Florida Statutes 501.702
  • State agency: means any department, commission, board, office, council, authority, or other agency in the executive branch of state government created by the State Constitution or state law. See Florida Statutes 501.702
(b) Processes or engages in the sale of personal data.
(2) This part does not apply to any of the following:

(a) A state agency or a political subdivision of the state.
(b) A financial institution or data subject to Title V, Gramm-Leach-Bliley Act, 15 U.S.C. ss. 6801 et seq.
(c) A covered entity or business associate governed by the privacy, security, and breach notification regulations issued by the United States Department of Health and Human Services, 45 C.F.R. § parts 160 and 164, established under the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. ss. 1320d et seq., and the Health Information Technology for Economic and Clinical Health Act, Division A, Title XIII and Division B, Title IV, Pub. L. No. 111-5.
(d) A nonprofit organization.
(e) A postsecondary education institution.
(f) The processing of personal data:

1. By a person in the course of a purely personal or household activity.
2. Solely for measuring or reporting advertising performance, reach, or frequency.
(3) A controller or processor that complies with the authenticated parental consent requirements of the Children’s Online Privacy Protection Act, 15 U.S.C. ss. 6501 et seq., with respect to data collected online, is considered to be in compliance with any requirement to obtain parental consent under this part.
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