Florida Statute 740.003
“User direction for disclosure of digital assets”
What it means
Section 740.003 ranks the ways a user can direct what happens to digital assets. First, an online tool — the custodian's own setting, such as Google's Inactive Account Manager or Apple's Legacy Contact. If the tool lets the user modify or delete the direction at all times, that direction overrides a contrary direction in a will, trust, power of attorney, or other record.
Second, if no online tool was used or offered, the user may allow or prohibit disclosure — content of electronic communications included — in a will, trust, power of attorney, or other record. Third, a direction given either way overrides a contrary terms-of-service provision the user never separately and affirmatively accepted.
- An online-tool direction the user can modify or delete at all times overrides a contrary direction in a will, trust, or power of attorney (§740.003(1)).
- With no tool in play, a will, trust, power of attorney, or other record may allow or prohibit disclosure, content included (§740.003(2)).
- A user's direction overrides a contrary terms-of-service clause the user never separately, affirmatively accepted (§740.003(3)).
- The direction can cover some or all digital assets — a user may open the catalog and keep content closed, or the reverse.
How it plays out
This is the first question we ask in a digital-assets probate: did anyone set the online tools? A settings page that takes ten seconds to change outranks the will a lawyer drafted, so the estate plan and the Google or Apple settings have to name the same people. When they conflict, the statute resolves it for the settings — we have watched families learn that the hard way.
Where this shows up
Pages on this site where § 740.003 does real work:
Questions people ask
