Florida Senate - 2016                                     SB 494
       
       
        
       By Senator Hukill
       
       
       
       
       
       8-00057D-16                                            2016494__
    1                        A bill to be entitled                      
    2         An act relating to digital assets; providing a
    3         directive to the Division of Law Revision and
    4         Information; creating s. 740.001, F.S.; providing a
    5         short title; creating s. 740.002, F.S.; defining
    6         terms; creating s. 740.003, F.S.; authorizing a user
    7         to use an online tool to allow a custodian to disclose
    8         or to prohibit a custodian from disclosing digital
    9         assets under certain circumstances; providing that
   10         specified user’s direction overrides a contrary
   11         provision in a terms-of-service agreement under
   12         certain circumstances; creating s. 740.004, F.S.;
   13         providing construction; authorizing the modification
   14         of a fiduciary’s assets under certain circumstances;
   15         creating s. 740.005, F.S.; providing procedures for
   16         the disclosure of digital assets; creating s. 740.006,
   17         F.S.; requiring a custodian to disclose the content of
   18         electronic communications of a deceased user under
   19         certain circumstances; creating s. 740.007, F.S.;
   20         requiring a custodian to disclose other digital assets
   21         of a deceased user under certain circumstances;
   22         creating s. 740.008, F.S.; requiring a custodian to
   23         disclose the content of electronic communications of a
   24         principal under certain circumstances; creating s.
   25         740.009, F.S.; requiring a custodian to disclose other
   26         digital assets of a principal under certain
   27         circumstances; creating s. 740.01, F.S.; requiring a
   28         custodian to disclose to a trustee who is the original
   29         user the digital assets held in trust under certain
   30         circumstances; creating s. 740.02, F.S.; requiring a
   31         custodian to disclose to a trustee who is not the
   32         original user the content of electronic communications
   33         held in trust under certain circumstances; creating s.
   34         740.03, F.S.; requiring a custodian to disclose to a
   35         trustee who is not the original user other digital
   36         assets under certain circumstances; creating s.
   37         740.04, F.S.; authorizing the court to grant a
   38         guardian the right to access a ward’s digital assets
   39         under certain circumstances; requiring a custodian to
   40         disclose to a guardian a specified catalog of
   41         electronic communications and specified digital assets
   42         of a ward under certain circumstances; creating s.
   43         740.05, F.S.; imposing fiduciary duties; providing for
   44         the rights and responsibilities of certain
   45         fiduciaries; creating s. 740.06, F.S.; requiring
   46         compliance of a custodian; providing construction;
   47         providing for immunity from liability for a custodian
   48         and its officers, employees, and agents acting in good
   49         faith in complying with their duties; creating s.
   50         740.07, F.S.; providing construction; creating s.
   51         740.08, F.S.; providing applicability; creating s.
   52         740.09, F.S.; providing severability; providing an
   53         effective date.
   54          
   55  Be It Enacted by the Legislature of the State of Florida:
   56  
   57         Section 1. The Division of Law Revision and Information is
   58  directed to create chapter 740, Florida Statutes, consisting of
   59  ss. 740.001-740.09, Florida Statutes, to be entitled “Fiduciary
   60  Access to Digital Assets.”
   61         Section 2. Section 740.001, Florida Statutes, is created to
   62  read:
   63         740.001 Short title.—This chapter may be cited as the
   64  “Florida Fiduciary Access to Digital Assets Act.”
   65         Section 3. Section 740.002, Florida Statutes, is created to
   66  read:
   67         740.002Definitions.—As used in this chapter, the term:
   68         (1)“Account” means an arrangement under a terms-of-service
   69  agreement in which the custodian carries, maintains, processes,
   70  receives, or stores a digital asset of the user or provides
   71  goods or services to the user.
   72         (2)“Agent” means a person that is granted authority to act
   73  for a principal under a durable or nondurable power of attorney,
   74  whether denominated an agent, an attorney in fact, or otherwise.
   75  The term includes an original agent, a co-agent, and a successor
   76  agent.
   77         (3)“Carries” means to engage in the transmission of
   78  electronic communications.
   79         (4)“Catalog of electronic communications” means
   80  information that identifies each person with which a user has
   81  had an electronic communication, the time and date of the
   82  communication, and the electronic address of the person.
   83         (5)“Content of an electronic communication” means
   84  information concerning the substance or meaning of the
   85  communication which:
   86         (a) Has been sent or received by a user;
   87         (b) Is in electronic storage by a custodian providing an
   88  electronic communication service to the public or is carried or
   89  maintained by a custodian providing a remote computing service
   90  to the public; and
   91         (c) Is not readily accessible to the public.
   92         (6)“Court” means a circuit court of this state.
   93         (7)“Custodian” means a person that carries, maintains,
   94  processes, receives, or stores a digital asset of a user.
   95         (8)“Designated recipient” means a person chosen by a user
   96  through an online tool to administer digital assets of the user.
   97         (9)“Digital asset” means an electronic record in which an
   98  individual has a right or interest. The term does not include an
   99  underlying asset or liability unless the asset or liability is
  100  itself an electronic record.
  101         (10)“Electronic” means relating to technology having
  102  electrical, digital, magnetic, wireless, optical,
  103  electromagnetic, or similar capabilities.
  104         (11)“Electronic communication” has the same meaning as
  105  provided in 18 U.S.C. s. 2510(12).
  106         (12)“Electronic communication service” means a custodian
  107  that provides to a user the ability to send or receive an
  108  electronic communication.
  109         (13)“Fiduciary” means an original, additional, or
  110  successor personal representative, guardian, agent, or trustee.
  111         (14)“Guardian” means a person who is appointed by the
  112  court as guardian of the property of a minor or an incapacitated
  113  individual. The term includes an original guardian, a co
  114  guardian, and a successor guardian, as well as a person
  115  appointed by the court as an emergency temporary guardian of the
  116  property.
  117         (15)“Information” means data, text, images, videos,
  118  sounds, codes, computer programs, software, databases, or the
  119  like.
  120         (16)“Online tool” means an electronic service provided by
  121  a custodian which allows the user, in an agreement distinct from
  122  the terms-of-service agreement between the custodian and user,
  123  to provide directions for disclosure or nondisclosure of digital
  124  assets to a third person.
  125         (17)“Person” means an individual, estate, trust, business
  126  or nonprofit entity, public corporation, government or
  127  governmental subdivision, agency, or instrumentality, or other
  128  legal entity.
  129         (18)“Personal representative” means the fiduciary
  130  appointed by the court to administer the estate of a deceased
  131  individual pursuant to letters of administration or an order
  132  appointing a curator or administrator ad litem for the estate.
  133  The term includes an original personal representative, a
  134  copersonal representative, and a successor personal
  135  representative, as well as a person who is entitled to receive
  136  and collect a deceased individual’s property pursuant to an
  137  order of summary administration issued pursuant to chapter 735.
  138         (19)“Power of attorney” means a record that grants an
  139  agent authority to act in the place of a principal pursuant to
  140  chapter 709.
  141         (20)“Principal” means an individual who grants authority
  142  to an agent in a power of attorney.
  143         (21)“Record” means information that is inscribed on a
  144  tangible medium or that is stored in an electronic or other
  145  medium and is retrievable in perceivable form.
  146         (22)“Remote computing service” means a custodian that
  147  provides to a user computer processing services or the storage
  148  of digital assets by means of an electronic communications
  149  system as defined in 18 U.S.C. s. 2510(14).
  150         (23)“Termsofservice agreement” means an agreement that
  151  controls the relationship between a user and a custodian.
  152         (24)“Trustee” means a fiduciary that holds legal title to
  153  property under an agreement, declaration, or trust instrument
  154  that creates a beneficial interest in the settlor or other
  155  persons. The term includes an original trustee, a cotrustee, and
  156  a successor trustee.
  157         (25)“User” means a person that has an account with a
  158  custodian.
  159         (26)“Ward” means an individual for whom a guardian has
  160  been appointed. The term includes an individual for whom an
  161  application for the appointment of a guardian is pending.
  162         (27)“Will” means an instrument admitted to probate,
  163  including a codicil, executed by an individual in the manner
  164  prescribed by the Florida Probate Code, which disposes of the
  165  individual’s property on or after his or her death. The term
  166  includes an instrument that merely appoints a personal
  167  representative or revokes or revises another will.
  168         Section 4. Section 740.003, Florida Statutes, is created to
  169  read:
  170         740.003 User direction for disclosure of digital assets.
  171         (1)A user may use an online tool to direct the custodian
  172  to disclose or not to disclose some or all of the user’s digital
  173  assets, including the content of electronic communications. If
  174  the online tool allows the user to modify or delete a direction
  175  at all times, a direction regarding disclosure using an online
  176  tool overrides a contrary direction by the user in a will,
  177  trust, power of attorney, or other record.
  178         (2)If a user has not used an online tool to give direction
  179  under subsection (1) or if the custodian has not provided an
  180  online tool, the user may allow or prohibit disclosure to a
  181  fiduciary of some or all of the user’s digital assets, including
  182  the content of electronic communications sent or received by the
  183  user, in a will, trust, power of attorney, or other record.
  184         (3)A user’s direction under subsection (1) or subsection
  185  (2) overrides a contrary provision in a terms-of-service
  186  agreement that does not require the user to act affirmatively
  187  and distinctly from the user’s assent to the terms of service.
  188         Section 5. Section 740.004, Florida Statutes, is created to
  189  read:
  190         740.004Terms-of-service agreement preserved.
  191         (1)This chapter does not change or impair a right of a
  192  custodian or a user under a terms-of-service agreement to access
  193  and use the digital assets of the user.
  194         (2) This chapter does not give a fiduciary any new or
  195  expanded rights other than those held by the user for whom, or
  196  for whose estate or trust, the fiduciary acts or represents.
  197         (3) A fiduciary’s access to digital assets may be modified
  198  or eliminated by a user, by federal law, or by a terms-of
  199  service agreement if the user has not provided direction under
  200  s. 740.003.
  201         Section 6. Section 740.005, Florida Statutes, is created to
  202  read:
  203         740.005Procedure for disclosing digital assets.—
  204         (1) When disclosing the digital assets of a user under this
  205  chapter, the custodian may, at its sole discretion:
  206         (a) Grant a fiduciary or designated recipient full access
  207  to the user’s account;
  208         (b)Grant a fiduciary or designated recipient partial
  209  access to the user’s account sufficient to perform the tasks
  210  with which the fiduciary or designated recipient is charged; or
  211         (c)Provide a fiduciary or designated recipient a copy in a
  212  record of any digital asset that, on the date the custodian
  213  received the request for disclosure, the user could have
  214  accessed if the user were alive and had full capacity and access
  215  to the account.
  216         (2)A custodian may assess a reasonable administrative
  217  charge for the cost of disclosing digital assets under this
  218  chapter.
  219         (3)A custodian is not required to disclose under this
  220  chapter a digital asset deleted by a user.
  221         (4)If a user directs or a fiduciary requests a custodian
  222  to disclose under this chapter some, but not all, of the user’s
  223  digital assets to the fiduciary or a designated recipient, the
  224  custodian is not required to disclose the assets if segregation
  225  of the assets would impose an undue burden on the custodian. If
  226  the custodian believes the direction or request imposes an undue
  227  burden, the custodian or the fiduciary may seek an order from
  228  the court to disclose:
  229         (a)A subset limited by date of the user’s digital assets;
  230         (b)All of the user’s digital assets to the fiduciary or
  231  designated recipient, or to the court for review in chambers; or
  232         (c)None of the user’s digital assets.
  233         Section 7. Section 740.006, Florida Statutes, is created to
  234  read:
  235         740.006Disclosure of content of electronic communications
  236  of deceased user.If a deceased user consented to or a court
  237  directs the disclosure of the content of electronic
  238  communications of the user, the custodian shall disclose to the
  239  personal representative of the estate of the user the content of
  240  an electronic communication sent or received by the user if the
  241  personal representative gives to the custodian:
  242         (1)A written request for disclosure which is in physical
  243  or electronic form;
  244         (2)A certified copy of the death certificate of the user;
  245         (3)A certified copy of the letters of administration, the
  246  order authorizing a curator or administrator ad litem, the order
  247  of summary administration issued pursuant to chapter 735, or
  248  other court order;
  249         (4)Unless the user provided direction using an online
  250  tool, a copy of the user’s will, trust, power of attorney, or
  251  other record evidencing the user’s consent to disclosure of the
  252  content of electronic communications; and
  253         (5)If requested by the custodian:
  254         (a)A number, username, address, or other unique subscriber
  255  or account identifier assigned by the custodian to identify the
  256  user’s account;
  257         (b)Evidence linking the account to the user; or
  258         (c)A finding by the court that:
  259         1.The user had a specific account with the custodian,
  260  identifiable by information specified in paragraph (a);
  261         2.Disclosure of the content of electronic communications
  262  of the user would not violate 18 U.S.C. s. 2701 et seq., 47
  263  U.S.C. s. 222, or other applicable law;
  264         3.Unless the user provided direction using an online tool,
  265  the user consented to disclosure of the content of electronic
  266  communications; or
  267         4.Disclosure of the content of electronic communications
  268  of the user is reasonably necessary for the administration of
  269  the estate.
  270         Section 8. Section 740.007, Florida Statutes, is created to
  271  read:
  272         740.007Disclosure of other digital assets of deceased
  273  user.—Unless a user prohibited disclosure of digital assets or
  274  the court directs otherwise, a custodian shall disclose to the
  275  personal representative of the estate of a deceased user a
  276  catalog of electronic communications sent or received by the
  277  user and digital assets of the user, except the content of
  278  electronic communications, if the personal representative gives
  279  to the custodian:
  280         (1)A written request for disclosure which is in physical
  281  or electronic form;
  282         (2)A certified copy of the death certificate of the user;
  283         (3)A certified copy of the letters of administration, the
  284  order authorizing a curator or administrator ad litem, the order
  285  of summary administration issued pursuant to chapter 735, or
  286  other court order; and
  287         (4) If requested by the custodian:
  288         (a)A number, username, address, or other unique subscriber
  289  or account identifier assigned by the custodian to identify the
  290  user’s account;
  291         (b)Evidence linking the account to the user;
  292         (c)An affidavit stating that disclosure of the user’s
  293  digital assets is reasonably necessary for the administration of
  294  the estate; or
  295         (d)An order of the court finding that:
  296         1.The user had a specific account with the custodian,
  297  identifiable by information specified in paragraph (a); or
  298         2.Disclosure of the user’s digital assets is reasonably
  299  necessary for the administration of the estate.
  300         Section 9. Section 740.008, Florida Statutes, is created to
  301  read:
  302         740.008Disclosure of content of electronic communications
  303  of principal.To the extent a power of attorney expressly grants
  304  an agent authority over the content of electronic communications
  305  sent or received by the principal and unless directed otherwise
  306  by the principal or the court, a custodian shall disclose to the
  307  agent the content if the agent gives to the custodian:
  308         (1)A written request for disclosure which is in physical
  309  or electronic form;
  310         (2)An original or copy of the power of attorney expressly
  311  granting the agent authority over the content of electronic
  312  communications of the principal;
  313         (3)A certification by the agent, under penalty of perjury,
  314  that the power of attorney is in effect; and
  315         (4)If requested by the custodian:
  316         (a)A number, username, address, or other unique subscriber
  317  or account identifier assigned by the custodian to identify the
  318  principal’s account; or
  319         (b)Evidence linking the account to the principal.
  320         Section 10. Section 740.009, Florida Statutes, is created
  321  to read:
  322         740.009Disclosure of other digital assets of principal.
  323  Unless otherwise ordered by the court, directed by the
  324  principal, or provided by a power of attorney, a custodian shall
  325  disclose to an agent with specific authority over the digital
  326  assets or with general authority to act on behalf of the
  327  principal a catalog of electronic communications sent or
  328  received by the principal, and digital assets of the principal,
  329  except the content of electronic communications, if the agent
  330  gives the custodian:
  331         (1)A written request for disclosure which is in physical
  332  or electronic form;
  333         (2)An original or a copy of the power of attorney which
  334  gives the agent specific authority over digital assets or
  335  general authority to act on behalf of the principal;
  336         (3)A certification by the agent, under penalty of perjury,
  337  that the power of attorney is in effect; and
  338         (4)If requested by the custodian:
  339         (a)A number, username, address, or other unique subscriber
  340  or account identifier assigned by the custodian to identify the
  341  principal’s account; or
  342         (b)Evidence linking the account to the principal.
  343         Section 11. Section 740.01, Florida Statutes, is created to
  344  read:
  345         740.01Disclosure of digital assets held in trust when
  346  trustee is the original user.Unless otherwise ordered by the
  347  court or provided in a trust, a custodian shall disclose to a
  348  trustee that is an original user of an account any digital asset
  349  of the account held in trust, including a catalog of electronic
  350  communications of the trustee and the content of electronic
  351  communications.
  352         Section 12. Section 740.02, Florida Statutes, is created to
  353  read:
  354         740.02Disclosure of content of electronic communications
  355  held in trust when trustee is not the original user.—Unless
  356  otherwise ordered by the court, directed by the user, or
  357  provided in a trust, a custodian shall disclose to a trustee
  358  that is not an original user of an account the content of an
  359  electronic communication sent or received by an original or
  360  successor user and carried, maintained, processed, received, or
  361  stored by the custodian in the account of the trust if the
  362  trustee gives the custodian:
  363         (1)A written request for disclosure which is in physical
  364  or electronic form;
  365         (2)A certified copy of the trust instrument, or a
  366  certification of trust under s. 736.1017, which includes consent
  367  to disclosure of the content of electronic communications to the
  368  trustee;
  369         (3)A certification by the trustee, under penalty of
  370  perjury, that the trust exists and that the trustee is a
  371  currently acting trustee of the trust; and
  372         (4)If requested by the custodian:
  373         (a)A number, username, address, or other unique subscriber
  374  or account identifier assigned by the custodian to identify the
  375  trust’s account; or
  376         (b)Evidence linking the account to the trust.
  377         Section 13. Section 740.03, Florida Statutes, is created to
  378  read:
  379         740.03Disclosure of other digital assets held in trust
  380  when trustee is not the original user.—Unless otherwise ordered
  381  by the court, directed by the user, or provided in a trust, a
  382  custodian shall disclose to a trustee that is not an original
  383  user of an account, a catalog of electronic communications sent
  384  or received by an original or successor user and stored,
  385  carried, or maintained by the custodian in an account of the
  386  trust and any digital assets in which the trust has a right or
  387  interest, other than the content of electronic communications,
  388  if the trustee gives the custodian:
  389         (1)A written request for disclosure which is in physical
  390  or electronic form;
  391         (2)A certified copy of the trust instrument, or a
  392  certification of trust under s. 736.1017;
  393         (3)A certification by the trustee, under penalty of
  394  perjury, that the trust exists and that the trustee is a
  395  currently acting trustee of the trust; and
  396         (4)If requested by the custodian:
  397         (a)A number, username, address, or other unique subscriber
  398  or account identifier assigned by the custodian to identify the
  399  trust’s account; or
  400         (b)Evidence linking the account to the trust.
  401         Section 14. Section 740.04, Florida Statutes, is created to
  402  read:
  403         740.04Disclosure of digital assets to guardian of ward.—
  404         (1)After an opportunity for a hearing under chapter 744,
  405  the court may grant a guardian access to the digital assets of a
  406  ward.
  407         (2)Unless otherwise ordered by the court or directed by
  408  the user, a custodian shall disclose to a guardian the catalog
  409  of electronic communications sent or received by the ward and
  410  any digital assets in which the ward has a right or interest,
  411  other than the content of electronic communications, if the
  412  guardian gives the custodian:
  413         (a)A written request for disclosure which is in physical
  414  or electronic form;
  415         (b)A certified copy of letters of plenary guardianship of
  416  the property or the court order that gives the guardian
  417  authority over the digital assets of the ward; and
  418         (c)If requested by the custodian:
  419         1.A number, username, address, or other unique subscriber
  420  or account identifier assigned by the custodian to identify the
  421  ward’s account; or
  422         2.Evidence linking the account to the ward.
  423         (3)A guardian with general authority to manage the
  424  property of a ward may request a custodian of the digital assets
  425  of the ward to suspend or terminate an account of the ward for
  426  good cause. A request made under this section must be
  427  accompanied by a certified copy of the court order giving the
  428  guardian authority over the ward’s property.
  429         Section 15. Section 740.05, Florida Statutes, is created to
  430  read:
  431         740.05Fiduciary duty and authority.—
  432         (1)The legal duties imposed on a fiduciary charged with
  433  managing tangible property apply to the management of digital
  434  assets, including:
  435         (a) The duty of care;
  436         (b)The duty of loyalty; and
  437         (c)The duty of confidentiality.
  438         (2)A fiduciary’s authority with respect to a digital asset
  439  of a user:
  440         (a)Except as otherwise provided in s. 740.003, is subject
  441  to the applicable termsofservice agreement;
  442         (b)Is subject to other applicable law, including copyright
  443  law;
  444         (c)Is limited by the scope of the fiduciary’s duties; and
  445         (d)May not be used to impersonate the user.
  446         (3)A fiduciary with authority over the tangible personal
  447  property of a decedent, ward, principal, or settlor has the
  448  right to access any digital asset in which the decedent, ward,
  449  principal, or settlor had or has a right or interest and that is
  450  not held by a custodian or subject to a terms-of-service
  451  agreement.
  452         (4)A fiduciary acting within the scope of the fiduciary’s
  453  duties is an authorized user of the property of the decedent,
  454  ward, principal, or settlor for the purpose of applicable
  455  computer fraud and unauthorized computer access laws, including
  456  under chapter 815.
  457         (5)A fiduciary with authority over the tangible personal
  458  property of a decedent, ward, principal, or settlor:
  459         (a)Has the right to access the property and any digital
  460  asset stored in it; and
  461         (b)Is an authorized user for the purpose of computer fraud
  462  and unauthorized computer access laws, including under chapter
  463  815.
  464         (6) A custodian may disclose information in an account to a
  465  fiduciary of the user when the information is required to
  466  terminate an account used to access digital assets licensed to
  467  the user.
  468         (7)A fiduciary of a user may request a custodian to
  469  terminate the user’s account. A request for termination must be
  470  in writing, in paper or electronic form, and accompanied by:
  471         (a)If the user is deceased, a certified copy of the death
  472  certificate of the user;
  473         (b)A certified copy of the letters of administration; the
  474  order authorizing a curator or administrator ad litem; the order
  475  of summary administration issued pursuant to chapter 735; or the
  476  court order, power of attorney, or trust giving the fiduciary
  477  authority over the account; and
  478         (c)If requested by the custodian:
  479         1.A number, username, address, or other unique subscriber
  480  or account identifier assigned by the custodian to identify the
  481  user’s account;
  482         2.Evidence linking the account to the user; or
  483         3.A finding by the court that the user had a specific
  484  account with the custodian, identifiable by the information
  485  specified in subparagraph 1.
  486         Section 16. Section 740.06, Florida Statutes, is created to
  487  read:
  488         740.06Custodian compliance and immunity.—
  489         (1)Not later than 60 days after receipt of the information
  490  required under ss. 740.006-740.04, a custodian shall comply with
  491  a request under this chapter from a fiduciary or designated
  492  recipient to disclose digital assets or terminate an account. If
  493  the custodian fails to comply, the fiduciary or designated
  494  representative may apply to the court for an order directing
  495  compliance.
  496         (2)An order under subsection (1) directing compliance must
  497  contain a finding that compliance is not in violation of 18
  498  U.S.C. s. 2702.
  499         (3)A custodian may notify a user that a request for
  500  disclosure or to terminate an account was made under this
  501  chapter.
  502         (4)A custodian may deny a request under this chapter from
  503  a fiduciary or designated representative for disclosure of
  504  digital assets or to terminate an account if the custodian is
  505  aware of any lawful access to the account following the receipt
  506  of the fiduciary’s request.
  507         (5)This chapter does not limit a custodian’s ability to
  508  obtain or require a fiduciary or designated recipient requesting
  509  disclosure or termination under this chapter to obtain a court
  510  order that:
  511         (a)Specifies that an account belongs to the ward or
  512  principal;
  513         (b)Specifies that there is sufficient consent from the
  514  ward or principal to support the requested disclosure; and
  515         (c)Contains a finding required by a law other than this
  516  chapter.
  517         (6)A custodian and its officers, employees, and agents are
  518  immune from liability for an act or omission done in good faith
  519  in compliance with this chapter.
  520         Section 17. Section 740.07, Florida Statutes, is created to
  521  read:
  522         740.07Relation to Electronic Signatures in Global and
  523  National Commerce Act.—This chapter modifies, limits, and
  524  supersedes the Electronic Signatures in Global and National
  525  Commerce Act, 15 U.S.C. ss. 7001 et seq., but does not modify,
  526  limit, or supersede s. 101(c) of that act, 15 U.S.C. s. 7001(c),
  527  or authorize electronic delivery of any of the notices described
  528  in s. 103(b) of that act, 15 U.S.C. s. 7003(b).
  529         Section 18. Section 740.08, Florida Statutes, is created to
  530  read:
  531         740.08Applicability.—
  532         (1) Subject to subsection (3), this chapter applies to:
  533         (a)A fiduciary acting under a will, trust, or power of
  534  attorney executed before, on, or after July 1, 2016;
  535         (b)A personal representative acting for a decedent who
  536  died before, on, or after July 1, 2016;
  537         (c)A guardian appointed through a guardianship proceeding,
  538  whether pending in a court or commenced before, on, or after
  539  July 1, 2016; and
  540         (d)A trustee acting under a trust created before, on, or
  541  after July 1, 2016.
  542         (2)This chapter applies to a custodian if the user resides
  543  in this state or resided in this state at the time of the user’s
  544  death.
  545         (3)This chapter does not apply to a digital asset of an
  546  employer used by an employee in the ordinary course of the
  547  employer’s business.
  548         Section 19. Section 740.09, Florida Statutes, is created to
  549  read:
  550         740.09Severability.—If any provision of this chapter or
  551  its application to any person or circumstance is held invalid,
  552  the invalidity does not affect other provisions or applications
  553  of this chapter which can be given effect without the invalid
  554  provision or application, and to this end the provisions of this
  555  chapter are severable.
  556         Section 20. This act shall take effect July 1, 2016.