Terms Used In Florida Statutes > Chapter 501 > Part V - Data Privacy and Security

• Accident: means only an unexpected or unusual event or result that happens suddenly. See Florida Statutes 440.02
• adopted: means legal adoption prior to the time of the injury. See Florida Statutes 440.02
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affiliate: means a legal entity that controls, is controlled by, or is under common control with another legal entity or that shares common branding with another legal entity. See Florida Statutes 501.702
• affiliated: includes , but is not limited to, the officers, directors, executives, shareholders active in management, employees, and agents of the affiliated corporation. See Florida Statutes 440.02
• Agency: means the Agency for Health Care Administration. See Florida Statutes 440.02
• Aggregate consumer information: means information that relates to a group or category of consumers from which the identity of an individual consumer has been removed and is not reasonably capable of being directly or indirectly associated or linked with any consumer, household, or device. See Florida Statutes 501.702
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• 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
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Biometric data: means data generated by automatic measurements of an individual's biological characteristics. See Florida Statutes 501.702
• carrier: as used in this chapter , means an insurer as defined in this subsection. See Florida Statutes 440.02
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Child: includes a posthumous child, a child legally adopted prior to the injury of the employee, and a stepchild or acknowledged child born out of wedlock dependent upon the deceased, but does not include married children unless wholly dependent on the employee. See Florida Statutes 440.02
• Child: means an individual younger than 18 years of age. See Florida Statutes 501.702
• Compensation: means the money allowance payable to an employee or to his or her dependents as provided for in this chapter. See Florida Statutes 440.02
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Construction industry: means for-profit activities involving any building, clearing, filling, excavation, or substantial improvement in the size or use of any structure or the appearance of any land. See Florida Statutes 440.02
• Consumer: means an individual who is a resident of or is domiciled in this state acting only in an individual or household context. See Florida Statutes 501.702
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• control: means :
  1. See Florida Statutes 501.702
• controlled: means any of the following:
  (a) The ownership of, or power to vote, more than 50 percent of the outstanding shares of any class of voting security of a company. 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
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dark pattern: means a user interface designed or manipulated with the effect of substantially subverting or impairing user autonomy, decisionmaking, or choice. See Florida Statutes 501.702
• Date of maximum medical improvement: means the date after which further recovery from, or lasting improvement to, an injury or disease can no longer reasonably be anticipated, based upon reasonable medical probability. See Florida Statutes 440.02
• Decedent: A deceased person.
• Decision that produces a legal or similarly significant effect concerning a consumer: means a decision made by a controller which results in the provision or denial by the controller of any of the following:
  (a) Financial and lending services. See Florida Statutes 501.702
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Deidentified data: means data that cannot reasonably be linked to an identified or identifiable individual or a device linked to that individual. See Florida Statutes 501.702
• Department: means the Department of Financial Services; the term does not include the Financial Services Commission or any office of the commission. See Florida Statutes 440.02
• Department: means the Department of Legal Affairs. See Florida Statutes 501.203
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Disability: means incapacity because of the injury to earn in the same or any other employment the wages which the employee was receiving at the time of the injury. See Florida Statutes 440.02
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: means the Division of Workers' Compensation of the Department of Financial Services. See Florida Statutes 440.02
• Employee: includes any person who is an officer of a corporation and who performs services for remuneration for such corporation within this state, whether or not such services are continuous. See Florida Statutes 440.02
• Employer: means the state and all political subdivisions thereof, all public and quasi-public corporations therein, every person carrying on any employment, and the legal representative of a deceased person or the receiver or trustees of any person. See Florida Statutes 440.02
• Employment: includes :
  1. See Florida Statutes 440.02
• Enforcing authority: means the office of the state attorney if a violation of this part occurs in or affects the judicial circuit under the office's jurisdiction. See Florida Statutes 501.203
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Grandchild: means a child as above defined of a child as above defined. See Florida Statutes 440.02
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Identified or identifiable individual: means a consumer who can be readily identified, directly or indirectly. See Florida Statutes 501.702
• Individual self-insurer: means any employer who has secured payment of compensation pursuant to…. See Florida Statutes 440.02
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Injury: means personal injury or death by accident arising out of and in the course of employment, and such diseases or infection as naturally or unavoidably result from such injury. See Florida Statutes 440.02
• Insurer: means a group self-insurers' fund authorized by…. See Florida Statutes 440.02
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Known child: means a child under circumstances of which a controller has actual knowledge of, or willfully disregards, the child's age. See Florida Statutes 501.702
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
• Misconduct: includes , but is not limited to, the following, which shall not be construed in pari materia with each other:
  (a) Conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the employer has the right to expect of the employee; or
  (b) Carelessness or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design, or to show an intentional and substantial disregard of an employer's interests or of the employee's duties and obligations to the employer. See Florida Statutes 440.02
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nonprofit organization: means any of the following:
  (a) An organization exempt from federal taxation under…. See Florida Statutes 501.702
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Office of Insurance Regulation: means the Office of Insurance Regulation of the Financial Services Commission. See Florida Statutes 440.02
• Order: means a cease and desist order issued by the enforcing authority as set forth in…. See Florida Statutes 501.203
• Oversight: Committee review of the activities of a Federal agency or program.
• Partner: means any person who is a member of a partnership that is formed by two or more persons to carry on as co-owners of a business with the understanding that there will be a proportional sharing of the profits and losses between them. See Florida Statutes 440.02
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Permanent impairment: means any anatomic or functional abnormality or loss determined as a percentage of the body as a whole, existing after the date of maximum medical improvement, which results from the injury. See Florida Statutes 440.02
• Person: means individual, partnership, association, or corporation, including any public service corporation. See Florida Statutes 440.02
• 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
• Personal property: All property that is not real property.
• Political organization: means a party, a committee, an association, a fund, or any other organization, regardless of whether incorporated, organized and operated primarily for the purpose of influencing or attempting to influence any of the following:
  (a) The selection, nomination, election, or appointment of an individual to a federal, state, or local public office or an office in a political organization, regardless of whether the individual is selected, nominated, elected, or appointed. 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
• Precise geolocation data: means information derived from technology, including global positioning system level latitude and longitude coordinates or other mechanisms, which directly identifies the specific location of an individual with precision and accuracy within a radius of 1,750 feet. See Florida Statutes 501.702
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• 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
• Profiling: means any form of solely automated processing performed on personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable individual's economic situation, health, personal preferences, interests, reliability, behavior, location, or movements. See Florida Statutes 501.702
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Pseudonymous data: means any information that cannot be attributed to a specific individual without the use of additional information, provided that the additional information is kept separately and is subject to appropriate technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable individual. See Florida Statutes 501.702
• Publicly available information: means information lawfully made available through government records, or information that a business has a reasonable basis for believing is lawfully made available to the general public through widely distributed media, by a consumer, or by a person to whom a consumer has disclosed the information, unless the consumer has restricted the information to a specific audience. See Florida Statutes 501.702
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Sale of personal data: means the sharing, disclosing, or transferring of personal data for monetary or other valuable consideration by the controller to a third party. See Florida Statutes 501.702
• Search engine: means technology and systems that use algorithms to sift through and index vast third-party websites and content on the Internet in response to search queries entered by a user. See Florida Statutes 501.702
• Self-insurer: means :
  (a) Any employer who has secured payment of compensation pursuant to…. See Florida Statutes 440.02
• Sensitive data: means a category of personal data which includes any of the following:
  (a) Personal data revealing an individual's racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status. See Florida Statutes 501.702
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• sister: include stepbrothers and stepsisters, half brothers and half sisters, and brothers and sisters by adoption, but does not include married brothers or married sisters unless wholly dependent on the employee. See Florida Statutes 440.02
• Sole proprietor: means a natural person who owns a form of business in which that person owns all the assets of the business and is solely liable for all the debts of the business. See Florida Statutes 440.02
• Specificity: means information on the petition for benefits sufficient to put the employer or carrier on notice of the exact statutory classification and outstanding time period of benefits being requested and includes a detailed explanation of any benefits received that should be increased, decreased, changed, or otherwise modified. See Florida Statutes 440.02
• Spouse: includes only a spouse substantially dependent for financial support upon the decedent and living with the decedent at the time of the decedent's injury and death, or substantially dependent upon the decedent for financial support and living apart at that time for justifiable cause. See Florida Statutes 440.02
• 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
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Summons: Another word for subpoena used by the criminal justice system.
• Targeted advertising: means displaying to a consumer an advertisement selected based on personal data obtained from that consumer's activities over time across affiliated or unaffiliated websites and online applications used to predict the consumer's preferences or interests. See Florida Statutes 501.702
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Third party: means a person, other than the consumer, the controller, the processor, or an affiliate of the controller or processor. See Florida Statutes 501.702
• Time of injury: means the time of the occurrence of the accident resulting in the injury. See Florida Statutes 440.02
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Violation of this part: means any violation of this act or the rules adopted under this act and may be based upon any of the following as of July 1, 2017:
  (a) Any rules promulgated pursuant to the Federal Trade Commission Act, 15 U. See Florida Statutes 501.203
• Voice recognition feature: means the function of a device which enables the collection, recording, storage, analysis, transmission, interpretation, or other use of spoken words or other sounds. See Florida Statutes 501.702
• Wages: means the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the injury and includes only the wages earned and reported for federal income tax purposes on the job where the employee is injured and any other concurrent employment where he or she is also subject to workers' compensation coverage and benefits, together with the reasonable value of housing furnished to the employee by the employer which is the permanent year-round residence of the employee, and gratuities to the extent reported to the employer in writing as taxable income received in the course of employment from others than the employer and employer contributions for health insurance for the employee or the employee's dependents. See Florida Statutes 440.02
• Weekly compensation rate: means and refers to the amount of compensation payable for a period of 7 consecutive calendar days, including any Saturdays, Sundays, holidays, and other nonworking days which fall within such period of 7 consecutive calendar days. See Florida Statutes 440.02
• writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01