Hospitality & Retail - 2019 -

Florida

1. What is your state’s law on the use of CBD oil in products to be sold to the public, i.e. cosmetics, etc.?

Section 581.217, Florida Statutes, created a State Hemp Program within the Department of Agriculture and Consumer Services to promote the cultivation of hemp in Florida. The statute defines hemp as an agricultural commodity and specifies that certain hemp-derived cannabinoids intended for ingestion are foods are not controlled substances. At this time, however, while CBD products are sold throughout Florida, they are, with very limited exceptions, currently illegal.

2. Regarding privacy issues, has your state adopted its own version of GDPR or how is your state dealing with GDPR requirements? What other privacy laws has your state adopted recently in response to concerns about the lack of protections for consumers?

Florida has not adopted its own version the GDPR or its requirements. In 2014, Florida enacted the Florida Information Protection Act (FIPA), which is among the strictest data breach notification statutes in the country. ,FIPA requires certain commercial and government entities to take reasonable measures to protect and secure electronic data containing personal information, and to provide notice of any unauthorized access of such data. Violations of FIPA are enforced by Florida’s Department of Legal Affairs and are subject to substantial civil penalties and fines.