Florida Statute 740.008
“Disclosure of content of electronic communications of principal”
What it means
While the principal is alive, an agent's path to email content runs through §740.008 — and only to the extent the power of attorney expressly grants the agent authority over the content of electronic communications. Unless the principal or the court directs otherwise, the custodian shall disclose that content when the agent produces the paperwork.
The package: a written request; the original or a copy of the power of attorney containing the express grant; the agent's certification under penalty of perjury that the power of attorney is in effect; and, if the custodian asks, an account identifier or evidence linking the account to the principal.
- Content requires an express grant of authority over the content of electronic communications, written into the power of attorney itself.
- The agent certifies under penalty of perjury that the power of attorney is in effect.
- If requested, the custodian may require an account identifier or evidence linking the account to the principal.
- A general grant is not enough for content — general authority reaches only the §740.009 catalog and non-content assets.
How it plays out
This is the drafting trap in Florida incapacity planning. Chapter 709 nowhere supplies digital-content authority by default, so a durable power of attorney written for banking — even a thorough one — does not reach the principal's email unless it says those words. We read the instrument before requesting anything, because a missing express grant means the agent manages the accounts blind: balances and catalogs under §740.009, but no messages.
Where this shows up
Pages on this site where § 740.008 does real work:
Questions people ask
