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. 740.04

740.04 Disclosure of digital assets to guardian of ward.—

(1) After an opportunity for a hearing under chapter 744, the court may grant a guardian access to the digital assets of a ward.

(2) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalog of electronic communications sent or received by the ward and any digital assets in which the ward has a right or interest, other than the content of electronic communications, if the guardian gives the custodian:

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

(b) A certified copy of letters of plenary guardianship of the property or the court order that gives the guardian authority over the digital assets of the ward; and

1. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the ward’s account; or

2. Evidence linking the account to the ward.

(3) A guardian with general authority to manage the property of a ward may request a custodian of the digital assets of the ward to suspend or terminate an account of the ward for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the guardian authority over the ward’s property.

History.—s. 14, ch. 2016-46.

F.S. 740.04 on Google Scholar

F.S. 740.04 on Casetext

Amendments to 740.04

Arrestable Offenses / Crimes under Fla. Stat. 740.04

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 740.04.

Annotations, Discussions, Cases:

Cases from cite.case.law:

C. SMITH v. UNITED STATES, 130 F. Supp. 586 (Ct. Cl. 1955)

. . . were as follows: Years Amounts 1943 $22,555.03 1944 23,536.26 1945 25,108.12 1946 56,843.87 1947 54-,740.04 . . .

ATLAS NAT. BANK v. ABRAM FRENCH SONS CO., 134 F. 746 (C.C.D. Mass. 1905)

. . . As to the merchandise, the master finds that its actual value at the date of the transfer was $136,-740.04 . . .