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FL S0102

Bill

Status

Introduced

11/18/2014

Primary Sponsor

Fiscal Policy

Click for details

Origin

Senate

2015 Regular Session

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

Committee Referrals

Rules4/7/2015
Fiscal Policy2/5/2015
Judiciary12/12/2014

Full Bill Text

No bill text available