(1) Subject to subsection (3), this chapter applies to:
(a) A fiduciary acting under a will, trust, or power of attorney executed before, on, or after July 1, 2016;
(b) A personal representative acting for a decedent who died before, on, or after July 1, 2016;
(c) A guardian appointed through a guardianship proceeding, whether pending in a court or commenced before, on, or after July 1, 2016; and
(d) A trustee acting under a trust created before, on, or after July 1, 2016.
(2) This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user’s death.
(3) This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business.
History.—s. 18, 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.