Florida Statute 740.02 | 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. 740.02

740.02 Disclosure of content of electronic communications held in trust when trustee is not the original user.—Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:

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

(2) A certified copy of the trust instrument, or a certification of trust under s. 736.1017, which includes consent to disclosure of the content of electronic communications to the trustee;

(3) A certification by the trustee, under penalty of perjury, that the trust exists and that the trustee is a currently acting trustee of the trust; 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 trust’s account; or

(b) Evidence linking the account to the trust.

History.—s. 12, ch. 2016-46.

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Amendments to 740.02

Arrestable Offenses / Crimes under Fla. Stat. 740.02

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 740.02.

Annotations, Discussions, Cases:

Cases Citing Statute 740.02

Total Results: 7

State Department of Environmental Regulation v. Kaszyk

Court: District Court of Appeal of Florida | Date Filed: 1991-12-10

Citation: 590 So. 2d 1010, 1991 Fla. App. LEXIS 12258, 1991 WL 259267

Snippet: 403.161, Fla.Stat.; Fla.Admin.Code Rule 17-600.740(2)(a). Furthermore, the statutory ■ scheme of Chapter

Bass v. General Development Corp.

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

Citation: 374 So. 2d 479

Snippet: 3420-730-0001.000/8, 3420-735-0001.000/3, 3420-740-0002.000/6 and 3420-740-0003.000/3 in St. Lucie County

Wheeler v. DEPT. OF HWY. SAF. & MOTOR VEH.

Court: District Court of Appeal of Florida | Date Filed: 1974-07-03

Citation: 297 So. 2d 128

Snippet: 513; Thornhill v. Kirkman, Fla. 1953, 62 So.2d 740. [2] Bell v. Burson, 1971, 402 U.S. 535, 91 S.Ct.

Johnson v. Rinesmith

Court: District Court of Appeal of Florida | Date Filed: 1970-08-19

Citation: 238 So. 2d 659

Snippet: Sterling v. Hawkesworth, Fla.App. 1962, 139 So.2d 740; 2 Harper and James, The Law of Torts § 22.6; Annotations

Brewer v. Gray

Court: Supreme Court of Florida | Date Filed: 1956-04-11

Citation: 86 So. 2d 799

Snippet: Donovan v. Suffolk County, 225 Mass. 55, 113 N.E. 740, 2 A.L.R. 1334 (note 1337), and also 37 Illinois Law

State Ex Rel. Cummer v. Pace

Court: Supreme Court of Florida | Date Filed: 1935-02-27

Citation: 159 So. 679, 118 Fla. 496

Snippet: Cal.App. 630, 170 Pac. Rep. 653; 38 Corpus Juris 740; 2 McQuillan Municipal Corporations (Second Edition)

Lakeside Press & Photo-Engraving Co. v. Campbell

Court: Supreme Court of Florida | Date Filed: 1897-06-15

Citation: 39 Fla. 523

Snippet: Wis. 515, 13 N. W. Rep. 485, S. C. 42 Am. Rep. 740. (2) There was no evidence showing that Miller had