(1) A written request for disclosure which is in physical or electronic form;
(2) A certified copy of the death certificate of the user;
(3) 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 other court order;
(4) Unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney, or other record evidencing the user’s consent to disclosure of the content of electronic communications; and
(5) If requested by the custodian:
(a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
(b) Evidence linking the account to the user; or
(c) A finding by the court that:
1. The user had a specific account with the custodian, identifiable by information specified in paragraph (a);
2. Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. ss. 2701 et seq., 47 U.S.C. s. 222, or other applicable law;
3. Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
4. Disclosure of the content of electronic communications of the user is reasonably necessary for the administration of the estate.
History.—s. 7, 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.