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Florida law requires all businesses to file an annual report with the Florida Department of State, Division of Corporations (the “Department”). Annual reports are due between January 1 and May 1 of the year following the calendar year in which the business’ articles of organization/incorporation became effective or the foreign entity obtained a certificate of authority to transact business in this state.

If annual reports are not filed, businesses could incur penalties or, even worse, potential administrative dissolution of the business. Annual reports must be filed with the Department between January 1 and May 1 of each calendar year thereafter.

Electronic Filing of Annual Reports – Proceed with Caution

Several business owners, authorized representatives, or their registered agents file annual reports on behalf of the business entity every year using the Department’s online filing system on sunbiz.org. However, many business owners are unaware that any individual, whether they are associated with the business or not, has access to the online filing system and may file an annual report, which can lead to business identity theft and fraudulent filings.

Email Notifications

Continue Reading Identity Crisis: Safeguarding Your Business Against Identity Theft

cybersecurity

In recent years, cybersecurity has become a significant concern for businesses of all sizes across the United States, and Florida is no exception. With the increasing amount of sensitive data stored online and the rising threat and sophistication of cyber attacks, Florida businesses must take proactive measures to protect themselves from potential cyber threats. Below are the top five cybersecurity concerns for Florida businesses:

  1. Phishing Attacks. Phishing attacks are a type of cyber attack where criminals send emails, text messages, or social media messages to trick people into giving away sensitive information such as passwords, credit card numbers, and social security numbers. In Florida, phishing attacks are one of the most common types of cyber attacks that businesses face.
  2. Ransomware Attacks. Ransomware is a type of malware that encrypts a victim’s files and demands payment in exchange for the decryption key. A ransomware attack can completely lock down a computer network and seriously cripple a business.  Like phishing scams, ransomware attacks rely on unsuspecting people to click links, usually in email, to trigger the attack.
  3. Insider Threats. Insider threats are cyber threats that come from within an organization. These can include employees who intentionally or accidentally leak sensitive data or damage computer systems. Businesses would be wise to implement security policies and procedures that limit access to sensitive data and monitor employee behavior for signs of suspicious activity.
  4. IoT Devices. Internet of Things (IoT) devices are becoming increasingly popular in homes and businesses across Florida. These devices, such as smart speakers, security cameras, and thermostats, are often vulnerable to cyber attacks because they lack proper security measures.
  5. Third-Party Vendors. Many businesses in Florida rely on third-party vendors for IT support, cloud storage, and payment processing. While these vendors can be a valuable resource, they also pose a significant cyber risk. To protect themselves, businesses should thoroughly vet their vendors before working with them, require them to sign contracts that include cybersecurity provisions, and regularly monitor their security practices to ensure they are up to par.

5 Cybersecurity Tips

Continue Reading Securing Your Florida Business: Navigating the Top 5 Cybersecurity Risks

Health-related apps are widely available for smartphones and watches. There is no shortage of connected health-monitoring devices such as personal glucose and heart rate monitors.

These apps and devices read, track and record both health-related information and, by signing up for or registering the app or device, information that identifies the particular person using the app or device. Some of these apps and devices even interface with other apps or devices; for instance, syncing the calendar apps records histories like sleep cycles, heart rate or glucose levels or to forecast such as fertility cycles. The question then arises:

What protection do consumers have over the health and personal data generated by these relatively new apps and connected devices?”

The Federal Trade Commission (“FTC”) recently issued a policy statement addressing this issue and protection of the information gathered by these relatively new technologies.

Existing Framework

Privacy of health-related information gathered by providers of healthcare services or supplies — such as physician offices and pharmacies — has long been protected by the Health Insurance Portability and Accountability Act (“HIPAA”). HIPAA also contains provisions requiring healthcare providers to notify impacted individuals when HIPAA-protected data is breached or compromised and the FTC enforces those provisions.Continue Reading FTC Addresses Privacy Concerns over Data Collected by Health-related Apps and Devices

Data privacyCurrently, there is no broad, generally applicable federal law or regulations concerning data privacy, the collection and use of data or consumers’ rights regarding same. Instead, the matter has been left to the individual states to address. California has led the charge and its data privacy laws are generally regarded as the strongest and most consumer-friendly.

2021 Florida Legislative Session

Earlier this year, the Florida legislature took up the question of online privacy and considered HB 969, the Florida Consumer Data Privacy Act. Modeled after similar legislation in California, HB 969 contained provisions that, among other things, imposed requirements on businesses that collect information from consumers via websites or apps. Specifically, such businesses would be required to inform consumers exactly what data they collect and how they use that data. Consumers would then have the opportunity to grant or deny authorization to collect and/or use that data. HB 969 also contained a provision that would have allowed consumers to sue businesses that used information without authorization.

Because of the parallels to California privacy law and the rights it would give consumers, HB 969 was a landmark piece of legislation that, in terms of data privacy, would rank Florida among the most protective states in the Union. However, HB 969 was heavily lobbied and debated as business interests did not like the potential exposure to suits from consumers relating to the use of personal data. While there was broad, bipartisan support for the bill, the Legislature could not compromise and HB 969 died on the floor on the final day of the legislative session.

Where does Florida rank?

Continue Reading Data Privacy in the USA: Where does Florida rank? Where are we heading?

Since businesses like Amazon and eBay first burst upon the scene in the mid-1990s, shopping via the Internet has grown from a quirky way to find a few items to a convenient way to purchase just about anything. As we approach the first major holiday season with people wary of exposure, travel difficulties and social distancing within families, shopping on the Internet is the preferred option for many people, including many who are not experienced online shoppers.

While shopping online instead of at the mall can certainly lower the risk of exposure to COVID, it does, however, increase the risk of exposure to other dangers, such as hackers looking for personal information, malware, and identity theft.

Safe Online Shopping Tips

Continue Reading Put personal info protection on your holiday shopping list

Rosen Hotels and Resorts, Inc. (“Rosen”) operates a number of hotel properties in the Orlando area. Rosen’s subsidiary company, Rosen Millennium, Inc. (“Millennium”) provides IT support to Rosen, including data security.

In early 2016, Rosen learned of a possible data breach involving customer credit card data. A forensic investigation located malware on the company’s payment network, which indicated a third-party had hacked into the system and determined that customer credit cards used between September 2014 and February 2016 may have been compromised. In March 2016, Rosen notified potentially impacted customers of the data breach.

Duty to Defend

Continue Reading Federal Court Clears Travelers of Liability in Hotel Data Breach Lawsuit

Hands Holding Digital Tablet Database Hacked

Guest post by John Miller, Esquire, Stockholder in Henderson Franklin’s Tort & Insurance Litigation Group

Regardless of the economic or political climate, there never seems to be a decline in tort lawsuits. Be it personal injury claims, employment suits, or professional liability cases, 2017 promises to be another busy year for insurance defense litigators.

Data Security – Data Breaches

Continue Reading Tort Trends for 2017: Protect Yourself in the New Year