Florida Statute 740.003 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 740
FIDUCIARY ACCESS TO DIGITAL ASSETS

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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

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Amendments to 740.003

Annotations, Discussions, Cases:

Cases Citing Statute 740.003

Total Results: 4

Royal Insurance Company of America, A.K.A. R.E. Grills Construction Co., Inc. v. Whitaker Contracting Corp.

242 F.3d 1035, 2001 WL 178514

Court of Appeals for the Eleventh Circuit | Filed: Mar 9, 2001 | Docket: 1230969

Cited 38 times | Published

removing traffic control devices from the project. § 740.03(a) The Contractor shall assume full responsibility

Royal Insurance v. Whitaker Contracting

Court of Appeals for the Eleventh Circuit | Filed: Feb 23, 2001 | Docket: 396407

Published

removing traffic control devices from the project. § 740.03(a) The Contractor shall assume

Royal Insurance v. Whitaker Contracting

Court of Appeals for the Eleventh Circuit | Filed: Feb 23, 2001 | Docket: 212587

Published

control devices from the project. § 740.03(a) The Contractor shall assume

Sailing Associates, Inc. v. River Bend Marine, Inc.

621 F. Supp. 240

District Court, S.D. Florida | Filed: Oct 20, 1985 | Docket: 66166731

Published

claim under 28 U.S.C. § 1331 and under 46 U.S.C. § 740. 3. The Court concludes that neither of the Defendants