711.16 – Applicability.
711.16 Applicability. (1) This chapter applies to all of the following: (a) A fiduciary acting under a will or power of attorney executed before, on, or after April 1, 2016. (b) A personal representative acting for a decedent who died before, on, or after April 1, 2016. (c) A guardianship or conservatorship proceeding, whether pending […]
711.10 – Custodian compliance and immunity.
711.10 Custodian compliance and immunity. (1) Not later than 60 days after receipt of the information required under ss. 711.05 to 711.08 or 711.12 (7) or an online tool, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital property or terminate an account. If the […]
711.11 – Terms of service agreement.
711.11 Terms of service agreement. (1) This chapter does not change or impair the rights of a custodian or a user under a terms of service agreement to access and use digital property of the user. (2) This chapter does not give a fiduciary or designated recipient rights other than the rights held by the […]
711.12 – Fiduciary duty and authority.
711.12 Fiduciary duty and authority. (1) The legal duties imposed on a fiduciary with the authority to manage tangible property apply to a fiduciary’s management of digital property. (2) (a) A fiduciary’s or designated recipient’s authority with respect to a user’s digital property may not be used to impersonate the user and is subject to […]
711.13 – Marital property classification of digital property.
711.13 Marital property classification of digital property. Chapter 766 governs the classification of digital property of a user who is married. History: 2015 a. 300.
711.14 – Uniformity of application and construction.
711.14 Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. History: 2015 a. 300.
711.15 – Relation to Electronic Signatures in Global and National Commerce Act.
711.15 Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 et seq., but does not modify, limit, or supersede section 101 (c) of that act, 15 USC 7001 (c), or authorize electronic delivery of any of […]
711.06 – Disclosure of digital property; agent under a power of attorney.
711.06 Disclosure of digital property; agent under a power of attorney. (1) Disclosure of digital property other than content of electronic communications; principal. Unless otherwise ordered by the court, directed by the principal, or provided in a power of attorney, a custodian shall disclose to an agent with specific authority over the principal’s digital property […]
711.07 – Disclosure of digital property held in trust.
711.07 Disclosure of digital property held in trust. (1) Disclosure of digital property held in trust; trustee is original user. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee who is an original user of an account any digital property of the account that is held […]
711.08 – Disclosure of digital property; conservator or guardian of protected person.
711.08 Disclosure of digital property; conservator or guardian of protected person. (1) After an opportunity for a hearing under s. 54.10, the court may grant a guardian access to the digital property of a protected person. (2) After an opportunity for a hearing under s. 54.76, the court may grant a conservator access to the […]