Florida Data Breach Notification Package

(Compliant with Fla. Stat. § 501.171 and related regulations)

[// GUIDANCE: This package contains (1) the notice required to be sent to the Florida Office of the Attorney General (“AG Notice”) and (2) the corresponding consumer notification letter (“Consumer Notice”). Insert accurate, incident-specific information in every bracketed [PLACEHOLDER]. Do not omit any statutory data elements unless a statutory exception squarely applies (e.g., encrypted data).]

TABLE OF CONTENTS

1. AG Notice – Document Header
2. AG Notice – Definitions
3. AG Notice – Operative Provisions
4. AG Notice – Representations & Certifications
5. AG Notice – Attachments & Exhibits
6. Consumer Notice – Form Letter
7. General Provisions & Execution Blocks

1. AG NOTICE – DOCUMENT HEADER

Re: Security Breach Notification Pursuant to Fla. Stat. § 501.171(3)(a)
Date: [DATE OF NOTIFICATION]
From: [ENTITY LEGAL NAME], a [STATE OF INCORPORATION] [corporation/LLC/other] (“Company”)
To: Office of the Attorney General, State of Florida, PL-01 The Capitol, Tallahassee, FL 32399-1050

Recitals

A. On [BREACH DETERMINATION DATE], Company determined that a “Breach of Security,” as that term is defined in Fla. Stat. § 501.171(1)(a), occurred.
B. The Breach involves the Personal Information of approximately [NUMBER] Florida residents (“Affected Individuals”).
C. In accordance with Fla. Stat. § 501.171(3)(a), Company hereby provides written notice to the Attorney General within thirty (30) days of its determination.

Effective Date: This notice is effective upon receipt by the Attorney General.

2. AG NOTICE – DEFINITIONS

For purposes of this AG Notice:

“Breach” or “Breach of Security” means unauthorized access of data containing Personal Information in electronic form, material to identity fraud or theft, as set forth in Fla. Stat. § 501.171(1)(a).

“Personal Information” has the meaning assigned in Fla. Stat. § 501.171(1)(g).

“Incident” means the set of events described in Section 3.1 below.

3. AG NOTICE – OPERATIVE PROVISIONS

3.1 Synopsis of the Incident

[// GUIDANCE: Provide a concise yet complete timeline (discovery, containment, remediation); method of access (e.g., phishing, malware); and current status.]
Example:
On [DATE], Company’s security monitoring detected unusual outbound traffic from an internal file server. A forensic investigation conducted by [FORENSIC FIRM] confirmed that between [START] and [END] an unauthorized actor exfiltrated files containing Personal Information. The vulnerability was closed on [DATE], and multi-factor authentication was deployed enterprise-wide on [DATE].

3.2 Categories of Personal Information Involved

Check all that apply and supplement as needed:
☐ Social Security numbers
☐ Driver license / state identification numbers
☐ Financial account numbers + access codes
☐ Medical/health insurance information
☐ Passport numbers
☐ Biometric identifiers
☐ Other: [DESCRIPTION]

3.3 Number of Individuals Affected

Florida Residents: [NUMBER]
Total (all jurisdictions): [NUMBER]

3.4 Law-Enforcement Interaction

Pursuant to Fla. Stat. § 501.171(4)(b), Company consulted with [LAW-ENFORCEMENT AGENCY]. As of [DATE], law enforcement has ☐ requested / ☐ declined a delayed notice period. Written documentation is enclosed as Exhibit B.

3.5 Remedial Measures

1. Password resets and forced credential rotation for all users.
2. Implementation of endpoint detection and response (EDR) protocols.
3. Complimentary identity-theft protection (12-month minimum) offered to all Affected Individuals (see Consumer Notice, Attachment 1).
4. Ongoing penetration testing scheduled for [DATE RANGE].

3.6 Company Contact Information

Name/Title: [BREACH RESPONSE OFFICER NAME, TITLE]
Phone: [DIRECT PHONE]
Email: [DEDICATED INCIDENT EMAIL]

4. AG NOTICE – REPRESENTATIONS & CERTIFICATIONS

4.1 Accuracy. Company certifies that the information contained herein is accurate to the best of its knowledge as of the Effective Date.

4.2 Compliance. Company represents that it will provide, contemporaneously with this AG Notice, the Consumer Notice required by Fla. Stat. § 501.171(4)(d).

4.3 Ongoing Cooperation. Company agrees to supplement this AG Notice promptly should materially new or different information become available.

5. AG NOTICE – ATTACHMENTS & EXHIBITS

Exhibit A – Copy of Consumer Notice (template and final form)
Exhibit B – Law-Enforcement Correspondence (if applicable)
Exhibit C – Incident Forensics Executive Summary (optional/redacted)

6. CONSUMER NOTICE – FORM LETTER

[DATE]

[CONSUMER NAME]
[ADDRESS]

Subject: Important Notice of Data Breach

Dear [CONSUMER NAME]:

1. What Happened?
   On [BREACH DETERMINATION DATE], we confirmed that an unauthorized party gained access to certain Company systems between [START DATE] and [END DATE].

2. What Information Was Involved?
   The information affected may have included your:
   • [LIST SPECIFIC PERSONAL INFORMATION ELEMENTS].

We have no evidence that your information has been misused, but we are providing this notice out of an abundance of caution.

3. What We Are Doing.
   • We secured our systems and engaged leading cybersecurity experts.
   • We reported this matter to law enforcement.
   • We are offering you complimentary [12] months of identity-theft protection services through [SERVICE PROVIDER]; activation instructions are enclosed.

4. What You Can Do.
   We encourage you to:
   a. Remain vigilant for incidents of fraud and identity theft.
   b. Review account statements and credit reports.
   c. Consider placing a fraud alert or security freeze on your credit files.

Contact Information for the three nationwide credit reporting agencies and the Federal Trade Commission (FTC) is provided below:

Equifax – 1-800-525-6285 | P.O. Box 105788, Atlanta, GA 30348
Experian – 1-888-397-3742 | P.O. Box 9554, Allen, TX 75013
TransUnion – 1-800-680-7289 | P.O. Box 2000, Chester, PA 19022
FTC – 1-877-ID-THEFT (438-4338) | ftc.gov/idtheft

5. For More Information.
   If you have questions, please contact our dedicated response team at [TOLL-FREE NUMBER] between [HOURS], or email [INCIDENT EMAIL].

We regret any inconvenience this incident may cause and appreciate your understanding.

Sincerely,

[AUTHORIZED SIGNATORY NAME]
[TITLE]
[ENTITY LEGAL NAME]

7. GENERAL PROVISIONS & EXECUTION BLOCKS

7.1 Governing Law. This AG Notice is governed by the laws of the State of Florida.

7.2 Reservation of Rights. Company expressly reserves all defenses available under applicable law, including but not limited to those set forth in Fla. Stat. § 501.171(3)(c) (good-faith encryption exception) and § 501.171(9) (statutory privileges).

7.3 Counterparts & Electronic Delivery. This AG Notice may be executed and delivered electronically and in counterparts, each of which is deemed an original.

AUTHORIZED SIGNATURE (COMPANY)

[NAME]
[Title]
[Entity Legal Name]
Date: _____

[Corporate seal, if any]

[// GUIDANCE: Verify that the AG receives the Consumer Notice (Exhibit A) exactly as delivered to individuals; maintain evidence of both mailings for no less than five (5) years to satisfy Fla. Stat. § 501.171(2).]