Florida Statute 740.006
“Disclosure of content of electronic communications of deceased user”
What it means
Content — what the messages say — is the hardest disclosure in Chapter 740, and §740.006 is the door. If the deceased user consented or a court directs disclosure, the custodian shall disclose the content of electronic communications to the personal representative.
The request package: a written request; a certified copy of the death certificate; a certified copy of the letters of administration — or a curator or administrator ad litem order, an order of summary administration under chapter 735, or another court order; and, unless the user consented through an online tool, a record evidencing the user's consent to content disclosure — the will, trust, or power of attorney.
- Content moves only on the user's consent — an online tool or a record — or a court direction; otherwise it stays closed.
- Always required: a written request, a certified death certificate, and certified letters or an equivalent court order.
- Unless an online tool granted consent, the package includes the will, trust, power of attorney, or other record evidencing consent to content disclosure.
- On request, the custodian may require an account identifier, evidence linking the account, or court findings — including that disclosure would not violate 18 U.S.C. s. 2701 et seq.
- An order of summary administration under chapter 735 qualifies — a full formal administration is not required.
How it plays out
The consent record is the choke point. When the will contains an express consent to disclosure of the content of electronic communications, this section works cleanly; when the will is silent, the personal representative is limited to the catalog under §740.007 unless a court directs more. That one drafting sentence is the difference between reading the decedent's mailbox and reading a list of senders — so we check for it before promising a family anything.
Where this shows up
Pages on this site where § 740.006 does real work:
Questions people ask
