Florida Statute 740.03
“Disclosure of other digital assets held in trust when trustee is not the original user”
What it means
For everything except content, §740.03 covers the trustee who is not the original user. Unless the court, the user, or the trust directs otherwise, the custodian shall disclose the catalog of electronic communications and any digital assets in which the trust has a right or interest — other than the content of electronic communications.
The package matches §740.02 minus the consent language: a written request, a certified copy of the trust instrument or a §736.1017 certification of trust, and the trustee's certification under penalty of perjury that the trust exists and the trustee is currently acting.
- Covers the catalog plus digital assets the trust holds a right or interest in — content excluded.
- No consent language is required in the trust instrument, unlike a §740.02 content request.
- A §736.1017 certification of trust can stand in for the full instrument.
- A perjury-backed certification that the trust exists and the trustee is currently acting completes the package.
How it plays out
For most trust administrations this section does the practical work: it identifies the trust's accounts and custodians and moves the non-content assets a successor trustee actually needs to marshal. We reach for it the way we reach for §740.007 in a probate — catalog first, because it maps the estate — and escalate to a §740.02 content request only when the instrument's consent language supports one.
Where this shows up
Pages on this site where § 740.03 does real work:
