The 2023 Florida Statutes (including Special Session C)

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.

F.S. 740.02 on Google Scholar

F.S. 740.02 on Casetext

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 from cite.case.law:

FIELDS, v. BANNISTER,, 453 F. App'x 720 (9th Cir. 2011)

. . . A.R. 740.02 § 1.3.2 (time limits shall begin to run from the date an inmate receives a response for appeal . . .

SIKORSKI, v. WHORTON,, 631 F. Supp. 2d 1327 (D. Nev. 2009)

. . . Plaintiffs dispute whether AR 740.02 § 1.4.1.5 requires Witherow to attach the documentation. . . .

KRITENBRINK, v. CRAWFORD, S., 313 F. Supp. 2d 1043 (D. Nev. 2004)

. . . (AR 740.02, Section 1.2.1, Defs.’ Mot. to Dismiss, Ex. B (emphasis added).) . . . (AR 740.02, Section 1.2.1, Defs.’ Mot. to Dismiss, Ex. B (emphasis added).) . . .