Florida Statute 740.008 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 740
FIDUCIARY ACCESS TO DIGITAL ASSETS

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F.S. 740.008

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 the custodian:

(1) A written request for disclosure which is in physical or electronic form;

(2) An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;

(3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and

(4) If requested by the custodian:

(a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or

(b) Evidence linking the account to the principal.

History.—s. 9, ch. 2016-46.

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Amendments to 740.008

Arrestable Offenses / Crimes under Fla. Stat. 740.008

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 740.008.

Annotations, Discussions, Cases:

Cases Citing Statute 740.008

Total Results: 1

In re Advisory Opinion to Governor Sholtz

Court: Supreme Court of Florida | Date Filed: 1934-04-14

Citation: 114 Fla. 520, 154 So. 154

Snippet: Rotwitt v. Hickman, 9 Mont. 370, 23 Pac. Rep. 740, 8 L. R. A. 403; Ristine v. State, ex rel. Board of