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Florida Statute 740.05 | Lawyer Caselaw & Research
F.S. 740.05 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 740.05

The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS
Chapter 740
FIDUCIARY ACCESS TO DIGITAL ASSETS
View Entire Chapter
F.S. 740.05
740.05 Fiduciary duty and authority.
(1) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:
(a) The duty of care;
(b) The duty of loyalty; and
(c) The duty of confidentiality.
(2) A fiduciary’s or designated recipient’s authority with respect to a digital asset of a user:
(a) Except as otherwise provided in s. 740.003, is subject to the applicable terms-of-service agreement;
(b) Is subject to other applicable law, including copyright law;
(c) In the case of a fiduciary, is limited by the scope of the fiduciary’s duties; and
(d) May not be used to impersonate the user.
(3) A fiduciary with authority over the tangible personal property of a decedent, ward, principal, or settlor has the right to access any digital asset in which the decedent, ward, principal, or settlor had or has a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
(4) A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of the property of the decedent, ward, principal, or settlor for the purpose of applicable computer fraud and unauthorized computer access laws, including under chapter 815.
(5) A fiduciary with authority over the tangible personal property of a decedent, ward, principal, or settlor:
(a) Has the right to access the property and any digital asset stored in it; and
(b) Is an authorized user for the purpose of computer fraud and unauthorized computer access laws, including under chapter 815.
(6) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
(7) A fiduciary of a user may request a custodian to terminate the user’s account. A request for termination must be in writing, in paper or electronic form, and accompanied by:
(a) If the user is deceased, a certified copy of the death certificate of the user;
(b) A certified copy of the letters of administration; the order authorizing a curator or administrator ad litem; the order of summary administration issued pursuant to chapter 735; or the court order, power of attorney, or trust giving the fiduciary authority over the account; and
(c) If requested by the custodian:
1. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
2. Evidence linking the account to the user; or
3. A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph 1.
History.s. 15, ch. 2016-46.

F.S. 740.05 on Google Scholar

F.S. 740.05 on Casetext

Amendments to 740.05


Arrestable Offenses / Crimes under Fla. Stat. 740.05
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 740.05.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MANLEY, v. ROWLEY, E. K., 847 F.3d 705 (9th Cir. 2017)

. . . A.R. 740.05(4)(A), (8). . . .

In F. NORRIS, Jr. L., 165 B.R. 515 (Bankr. M.D. Fla. 1994)

. . . Debtors propose to make plan payments of $835.79 for 36 months and payments of $740.05 for months 37 . . .

F. SHEEHAN, v. SECRETARY OF DEPARTMENT OF HEALTH AND HUMAN SERVICES,, 19 Cl. Ct. 320 (Cl. Ct. 1990)

. . . Therefore, the special master’s award of attorney’s fees should be increased by $740.05 as requested. . . .

v., 12 Ct. Int'l Trade 1142 (Ct. Int'l Trade 1988)

. . . the purposes of this subpart— (a) the term "jewelry and other objects of personal adornment” (items 740.05 . . . intaglios, amber, or coral, or of any combination of the foregoing * * * Superior Headnote to items 740.05 . . .

UNITED STATES, v. TEXAS INSTRUMENTS INCORPORATED,, 673 F.2d 1375 (C.C.P.A. 1982)

. . . the purposes of this subpart— (a) the term "jewelry and other objects of personal adornment" (items 740.05 . . .

v., 69 C.C.P.A. 136 (C.C.P.A. 1982)

. . . the purposes of this subpart— (a) the term "jewelry and other objects of personal adornment” (items 740.05 . . .

TEXAS INSTRUMENTS INCORPORATED, v. UNITED STATES,, 518 F. Supp. 1341 (Ct. Int'l Trade 1981)

. . . the purposes of this subpart— (a) the term “jewelry and other objects of personal adornment” (items 740.05 . . .

v., 1 Ct. Int'l Trade 236 (Ct. Int'l Trade 1981)

. . . the purposes of this subpart— (a) the tenn “jewelry and other objects oj personal adornment” (items 740.05 . . .

DITBRO PEARL CO. INC. v. UNITED STATES, 393 F. Supp. 1398 (Cust. Ct. 1974)

. . . the purposes of this subpart— (a) the term “jewelry and other objects of personal adornment” (items 740.05 . . .

Co. v., 72 Cust. Ct. 1 (Cust. Ct. 1974)

. . . the purposes of this subpart — (a) the term “jewelry and other objects of personal adornment” (items 740.05 . . .

v., 65 Cust. Ct. 252 (Cust. Ct. 1970)

. . . the purposes of this subpart— (a) the term “jewelry and other objects of personal adornment” (items 740.05 . . .

G. Co. v., 65 Cust. Ct. 23 (Cust. Ct. 1970)

. . . were assessed duty by the government at the rate of 55 percent ad valorem under the provisions of item 740.05 . . . that the articles of which the plates in issue are “parts” are themselves not classifiable under item 740.05 . . . As previously pointed out, the government classified these metal plates under item 740.05 as parts of . . . Ct. 471, 478, C.D. 4022 (1970): * * * [T]he classification by the collector under * * * [item 740.05] . . . Further, there is no presumption based on the government’s classification under item 740.05 that hopper . . .

Co. v., 64 Cust. Ct. 568 (Cust. Ct. 1970)

. . . with semiprecious stones, cameos, intaglios, amber, or coral, or of any combination of the foregoing : 740.05 . . .

v., 63 Cust. Ct. 431 (Cust. Ct. 1969)

. . . the purposes of this subpart— (a) the term “jewelry and other objects of personal adornment” (items 740.05 . . .

HELFER v. CORONA PRODUCTS,, 127 F.2d 612 (8th Cir. 1942)

. . . from defendant’s audit of the commissions earned by plaintiff under the contract in the amount of $740.05 . . . adding to the amounts shown to be due plaintiff by defendant’s audit the item of $1,711.24; the item of $740.05 . . .

THE REINA VICTORIA, 298 F. 765 (S.D.N.Y. 1924)

. . . challenge the amount of the items allowed before a commissioner, and I will therefore pass a decree for $740.05 . . .