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2017 Florida Statutes

Title XLII ESTATES AND TRUSTS
Chapter 740 FIDUCIARY ACCESS TO DIGITAL ASSETS Entire Chapter
SECTION 04
Disclosure of digital assets to guardian of ward.
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
(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 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.