Florida Statute 740.009
“Disclosure of other digital assets of principal”
What it means
For everything short of message content, §740.009 lets an agent act on ordinary authority. Unless a court, the principal, or the power of attorney provides otherwise, the custodian shall disclose the principal's catalog of electronic communications and other non-content digital assets to an agent with specific authority over digital assets or general authority to act on the principal's behalf.
Required: a written request; the original or a copy of the power of attorney giving that authority; and the agent's certification under penalty of perjury that it is in effect — plus an account identifier or linking evidence if the custodian requests.
- General authority is enough — specific digital-asset language is not required for non-content disclosure.
- The custodian shall disclose the catalog and other digital assets, except the content of electronic communications.
- Package: written request, the power of attorney, and a penalty-of-perjury certification that it remains in effect.
- The court, the principal, or the instrument itself can cut this access off.
How it plays out
Incapacity is where this section earns its keep. An agent under a standard durable power of attorney can identify the principal's accounts, watch statements arrive, cancel subscriptions, and deal with custodial platforms — all without the express content grant §740.008 demands. In our administrations the non-content access usually covers the finances; the content question surfaces later, if the family needs what the messages say.
Where this shows up
Pages on this site where § 740.009 does real work:
