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October 19, 2019
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The Florida Statutes

The 2019 Florida Statutes

Title XLII
ESTATES AND TRUSTS
Chapter 740
FIDUCIARY ACCESS TO DIGITAL ASSETS
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F.S. 740.03
740.03 Disclosure of other digital assets held in trust when trustee is not the original user.Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account, a catalog of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets in which the trust has a right or interest, other than the content of electronic communications, if the trustee gives the custodian:
(1) A written request for disclosure which is in physical or electronic form;
(2) A certified copy of the trust instrument, or a certification of trust under s. 736.1017;
(3) A certification by the trustee, under penalty of perjury, that the trust exists and that the trustee is a currently acting trustee of the trust; 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 trust’s account; or
(b) Evidence linking the account to the trust.
History.s. 13, ch. 2016-46.