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FL H0747

Bill

Status

Introduced

11/19/2015

Primary Sponsor

Judiciary Committee

Click for details

Origin

House of Representatives

2016 Regular Session

AI Summary

  • Creates the "Florida Fiduciary Access to Digital Assets Act" (Chapter 740, Florida Statutes) establishing procedures for fiduciaries to access a deceased or incapacitated person's digital assets including emails, social media accounts, and other electronic records

  • Allows users to direct custodians (such as online service providers) to disclose or prohibit disclosure of digital assets through online tools, wills, trusts, or powers of attorney, with online tool directions taking precedence over contrary provisions in other documents

  • Requires custodians to disclose digital assets within 60 days of receiving proper documentation, including death certificates, letters of administration, court orders, or powers of attorney depending on the type of fiduciary making the request

  • Provides custodians immunity from liability for good faith compliance with the act and allows them to charge reasonable administrative fees for disclosing digital assets

  • Effective July 1, 2016, applying to fiduciaries acting under wills, trusts, or powers of attorney executed before or after that date, but excluding digital assets of employers used by employees in ordinary business operations

Legislative Description

Digital Assets

Last Action

Laid on Table, companion bill(s) passed, see CS/CS/SB 494 (Ch. 2016-46)

2/23/2016

Committee Referrals

Judiciary1/19/2016
Insurance And Banking Subcommittee1/13/2016
Civil Justice Subcommittee12/10/2015

Full Bill Text

No bill text available