740.007 – Disclosure of Other Digital Assets of Deceased User.
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 […]
740.008 – Disclosure of Content of Electronic Communications of Principal.
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 […]
740.009 – Disclosure of Other Digital Assets of Principal.
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 […]
740.01 – Disclosure of Digital Assets Held in Trust When Trustee Is the Original User.
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 […]
740.02 – Disclosure of Content of Electronic Communications Held in Trust When Trustee Is Not the Original User.
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 […]
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 […]
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 […]
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 […]