Fla. Stat. § 740.001
Short title
This chapter may be cited as the “Florida Fiduciary Access to Digital Assets Act.”
Florida Statutes Chapter 740 — FIDUCIARY ACCESS TO DIGITAL ASSETS
Florida · statute · Fla. Stat. ch. 740 · 19 active provisions
Fla. Stat. § 740.002
Definitions
As used in this chapter, the term:(1) “Account” means an arrangement under a terms-of-service agreement in which the custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user.(2) “Agent” means a person that is granted authority to act for a princi…
Fla. Stat. § 740.003
User direction for disclosure of digital assets
(1) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosu…
Fla. Stat. § 740.004
Terms-of-service agreement preserved
(1) This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use the digital assets of the user.(2) This chapter does not give a fiduciary or a designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate…
Fla. Stat. § 740.005
Procedure for disclosing digital assets
(1) When disclosing the digital assets of a user under this chapter, the custodian may, at its sole discretion:(a) Grant a fiduciary or designated recipient full access to the user’s account;(b) Grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the…
Fla. Stat. § 740.006
Disclosure of content of electronic communications of deceased user
If a deceased user consented to or a court directs the disclosure of the content of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives to…
Fla. Stat. § 740.007
Disclosure of other digital assets of deceased user
Unless a user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalog of electronic communications sent or received by the user and digital assets of the user, except the content of electronic communicat…
Fla. Stat. § 740.008
Disclosure of content of electronic communications of principal
To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives to the custodian:(1) A written request…
Fla. Stat. § 740.009
Disclosure of other digital assets of principal
Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over the digital assets or with general authority to act on behalf of the principal a catalog of electronic communications sent or received by the principa…
Fla. Stat. § 740.01
Disclosure of digital assets held in trust when trustee is the original user
Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalog of electronic communications of the trustee and the content of electronic communications.
Fla. Stat. § 740.02
Disclosure of content of electronic communications held in trust when trustee is not the original user
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by…
Fla. Stat. § 740.03
Disclosure of other digital assets held in trust when trustee is not the original user
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account, a catalog of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an acco…
Fla. Stat. § 740.04
Disclosure of digital assets to guardian of ward
(1) After an opportunity for a hearing under chapter 744, the court may grant a guardian access to the digital assets of a ward.(2) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalog of electronic communications sent or received by the ward and any digita…
Fla. Stat. § 740.05
Fiduciary duty and authority
(1) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:(a) The duty of care;(b) The duty of loyalty; and(c) The duty of confidentiality.(2) A fiduciary’s or designated recipient’s authority with respect to a digital asset of a user:(a) Ex…
Fla. Stat. § 740.06
Custodian compliance and immunity
(1) Not later than 60 days after receipt of the information required under ss. 740.006-740.04, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient m…
Fla. Stat. § 740.07
Relation to Electronic Signatures in Global and National Commerce Act
This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. ss. 7001 et seq., but does not modify, limit, or supersede s. 101(c) of that act, 15 U.S.C. s. 7001(c), or authorize electronic delivery of any of the notices described in s. 103(b) of that act, 15 U.S…
Fla. Stat. § 740.08
Applicability
(1) Subject to subsection (3), this chapter applies to:(a) A fiduciary acting under a will, trust, or power of attorney executed before, on, or after July 1, 2016;(b) A personal representative acting for a decedent who died before, on, or after July 1, 2016;(c) A guardian appointed through a guardianship proceeding, wh…
Fla. Stat. § 740.09
Severability
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Fla. Stat. § 740.11
Relation to wills
No act taken pursuant to this chapter is valid to affect the obligation of a person to deposit a will of a decedent as required under s. 732.901.