(1) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
(2) If a user has not used an online tool to give direction under subsection (1) or if the custodian has not provided an online tool, the user may allow or prohibit disclosure to a fiduciary of some or all of the user’s digital assets, including the content of electronic communications sent or received by the user, in a will, trust, power of attorney, or other record.
(3) A user’s direction under subsection (1) or subsection (2) overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user’s assent to the terms of service.
History.—s. 4, ch. 2016-46.
Structure Florida Statutes
Title XLII - Estates and Trusts
Chapter 740 - Fiduciary Access to Digital Assets
740.003 - User Direction for Disclosure of Digital Assets.
740.004 - Terms-of-Service Agreement Preserved.
740.005 - Procedure for Disclosing Digital Assets.
740.006 - Disclosure of Content of Electronic Communications of Deceased User.
740.007 - Disclosure of Other Digital Assets of Deceased User.
740.008 - Disclosure of Content of Electronic Communications of Principal.
740.009 - Disclosure of Other Digital Assets of Principal.
740.01 - Disclosure of Digital Assets Held in Trust When Trustee Is the Original User.
740.03 - Disclosure of Other Digital Assets Held in Trust When Trustee Is Not the Original User.
740.04 - Disclosure of Digital Assets to Guardian of Ward.
740.05 - Fiduciary Duty and Authority.
740.06 - Custodian Compliance and Immunity.
740.07 - Relation to Electronic Signatures in Global and National Commerce Act.