Loading chat...
FL S0102
Bill
Status
11/18/2014
Primary Sponsor
Fiscal Policy
Click for details
AI Summary
-
Creates Chapter 740, Florida Statutes, titled "Fiduciary Access to Digital Assets Act," establishing procedures for personal representatives, guardians, agents, and trustees to access digital assets of decedents, wards, principals, and trust beneficiaries.
-
Grants personal representatives access to electronic communication content permitted under federal privacy law, catalogues of electronic communications, and other digital assets in which the decedent had a right or interest.
-
Allows guardians and agents to access specified digital assets with court approval (guardians) or express power of attorney authority (agents), subject to similar limitations as personal representatives.
-
Prohibits terms-of-service agreement provisions that limit fiduciary access to digital assets as void against public policy unless the account holder affirmatively agrees to such restrictions after June 30, 2015.
-
Requires custodians to comply with fiduciary access requests within 60 days when accompanied by proper documentation (letters of administration, court orders, power of attorney, or certified trust instrument), with immunity for custodians acting in good faith.
Legislative Description
Digital Assets
Last Action
Died on Calendar
5/1/2015