740.07 – Relation to Electronic Signatures in Global and National Commerce Act.
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 […]
740.08 – Applicability.
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, whether pending in a […]
740.09 – Severability.
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. History.—s. 19, ch. 2016-46.
740.11 – Relation to Wills.
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. History.—s. 39, ch. 2019-71.
739.401 – When Disclaimer Is Permitted.
739.401 When disclaimer is permitted.—A disclaimer may be made at any time unless barred under s. 739.402. History.—s. 1, ch. 2005-108.
740.03 – Disclosure of Other Digital Assets Held in Trust When Trustee Is Not the Original User.
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 […]
739.402 – When Disclaimer Is Barred or Limited.
739.402 When disclaimer is barred or limited.— (1) A disclaimer is barred by a written waiver of the right to disclaim. (2) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective: (a) The disclaimant accepts the interest sought to be disclaimed; (b) The disclaimant voluntarily assigns, conveys, encumbers, […]
740.04 – Disclosure of Digital Assets to Guardian of Ward.
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 […]
739.501 – Tax-Qualified Disclaimer.
739.501 Tax-qualified disclaimer.—Notwithstanding any provision of this chapter other than s. 739.402, if, as a result of a disclaimer or transfer, the disclaimed or transferred interest is treated pursuant to the provisions of s. 2518 of the Internal Revenue Code of 1986 as never having been transferred to the disclaimant, the disclaimer or transfer is effective […]
740.05 – Fiduciary Duty and Authority.
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) Except as otherwise […]