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2021 Florida Statutes (Including 2021B Session)

Title XLII ESTATES AND TRUSTS
Chapter 740 FIDUCIARY ACCESS TO DIGITAL ASSETS Entire Chapter
SECTION 008
Disclosure of content of electronic communications of principal.
F.S. 740.008
740.008 Disclosure of content of electronic communications of principal.—To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives to the custodian:
(1) A written request for disclosure which is in physical or electronic form;
(2) An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
(3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4) If requested by the custodian:
(a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or
(b) Evidence linking the account to the principal.
History.—s. 9, ch. 2016-46.