Florida Statute 740.003 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 740
FIDUCIARY ACCESS TO DIGITAL ASSETS

View Entire Chapter

F.S. 740.003

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 disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.

(2) If a user has not used an online tool to give direction under subsection (1) or if the custodian has not provided an online tool, the user may allow or prohibit disclosure to a fiduciary of some or all of the user’s digital assets, including the content of electronic communications sent or received by the user, in a will, trust, power of attorney, or other record.

(3) A user’s direction under subsection (1) or subsection (2) overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user’s assent to the terms of service.

History.—s. 4, ch. 2016-46.

F.S. 740.003 on Google Scholar

F.S. 740.003 on Casetext

Amendments to 740.003

Arrestable Offenses / Crimes under Fla. Stat. 740.003

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 740.003.

Annotations, Discussions, Cases:

Cases Citing Statute 740.003

Total Results: 6

Bailey v. State

Court: District Court of Appeal of Florida | Date Filed: 1986-07-31

Citation: 492 So. 2d 738, 11 Fla. L. Weekly 1664

Snippet: more times in the back as she lay on the floor. *740 3. The Court finds that this defendant, as exhibited

Bishop v. Florida Specialty Paint Co.

Court: District Court of Appeal of Florida | Date Filed: 1979-12-04

Citation: 377 So. 2d 767

Snippet: den. 414 U.S. 1113, 94 S.Ct. 844, 38 L.Ed.2d 740. [3] See Babcock v. Jackson, (1963), 12 N.Y.2d 473

Bass v. General Development Corp.

Court: Supreme Court of Florida | Date Filed: 1979-06-28

Citation: 374 So. 2d 479

Snippet: 3420-735-0001.000/3, 3420-740-0002.000/6 and 3420-740-0003.000/3 in St. Lucie County (collectively the "Property")

Ago

Court: Florida Attorney General Reports | Date Filed: 1978-02-21

Snippet: 2d 1 (Fla. 1973), and State v. Alonso, 345 So.2d 740 (3 D.C.A. Fla., 1977). The prohibition contained in

In re Guardianship of Mickler

Court: District Court of Appeal of Florida | Date Filed: 1963-04-09

Citation: 152 So. 2d 205, 1963 Fla. App. LEXIS 3617

Snippet: minor, (Fla.App.1959) 114 So.2d 13. . F.S. See. 740.03, F.S.A.

Donner v. Morse Auto Rentals, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1962-12-20

Citation: 147 So. 2d 577

Snippet: 584; Zimmern v. Blount, D.C.Fla. 1917, 238 F. 740; 3 Am.Jur.2d, Agency, §§ 261, 264; 3 C.J.S. Agency