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.
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 […]
740.06 – Custodian Compliance and Immunity.
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 may apply […]
740.001 – Short Title.
740.001 Short title.—This chapter may be cited as the “Florida Fiduciary Access to Digital Assets Act.” History.—s. 2, ch. 2016-46.
740.002 – Definitions.
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 principal under a durable […]
740.003 – User Direction for Disclosure of Digital Assets.
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 […]
740.004 – Terms-of-Service Agreement Preserved.
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 […]