FL S0494

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 email, social media accounts, and other electronic records

Allows users to direct custodians (such as email providers or social media platforms) through online tools or estate planning documents to disclose or prohibit disclosure of their digital assets to designated recipients or fiduciaries after death or incapacity

Requires custodians to disclose digital assets to personal representatives, agents under power of attorney, trustees, or guardians upon receipt of proper documentation including written requests, death certificates, court orders, or certified copies of relevant legal documents within 60 days

Distinguishes between content of electronic communications (which requires explicit user consent or court order for disclosure) and other digital assets like catalogs of communications (which may be disclosed unless the user prohibited it)

Grants custodians and their employees immunity from liability for good faith compliance with the act, while preserving their ability to charge reasonable administrative fees and deny requests if they become aware of lawful account access after receiving a disclosure request