Florida Statute 740.009 | 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. 740.009

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 received by the principal, and digital assets of the principal, except the content of electronic communications, if the agent gives the custodian:

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

(2) An original or a copy of the power of attorney which gives the agent specific authority over digital assets or general authority to act on behalf 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. 10, ch. 2016-46.

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Amendments to 740.009

Arrestable Offenses / Crimes under Fla. Stat. 740.009

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 740.009.

Annotations, Discussions, Cases:

Cases Citing Statute 740.009

Total Results: 2

Gay v. Beary

Court: District Court of Appeal of Florida | Date Filed: 2000-05-26

Citation: 758 So. 2d 1242, 2000 Fla. App. LEXIS 6477, 2000 WL 678839

Snippet: interest to Gay, made pursuant to subsection 932.740(9)(b), Florida Statutes (1997). We affirm both rulings

University of Florida v. Bowens

Court: District Court of Appeal of Florida | Date Filed: 1996-07-25

Citation: 677 So. 2d 942, 1996 WL 412788

Snippet: year expire valueless. Fla. Admin. Code R. 6C5.740(9)(c)1.g, superseded by Fla. Admin. Code R. 6C-5.920(10)(b)