CS/HB 313 - Florida Fiduciary Access to Digital Assets Act

• Creates Chapter 740, Florida Statutes, establishing the "Florida Fiduciary Access to Digital Assets Act" to govern fiduciary access to digital assets of decedents, minors, and incapacitated persons

• Authorizes personal representatives, guardians, agents, and trustees to access specified digital assets including electronic communications, catalogues of communications, and other digital property under certain circumstances

• Declares terms-of-service agreement provisions that restrict fiduciary access to digital assets void as against Florida's strong public policy unless the account holder separately agreed to such restrictions by affirmative act

• Requires custodians to comply with fiduciary requests within 60 days and provides liability protection for custodians acting in good faith; custodians demanding full trust instruments beyond certification may face damages

• Takes effect July 1, 2015; does not apply to digital assets of employers used by employees in ordinary business course and includes exception for anonymous accounts requiring clear and convincing evidence of ownership