Florida Statute 740.003
“User direction for disclosure of digital assets”
What it means
Section 740.003 sets the order of precedence for a user's directions about digital assets. Under subsection (1), a user may use a custodian's online tool to direct disclosure to a designated recipient, or nondisclosure, of some or all digital assets, including the content of electronic communications. 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.
Under subsection (2), if the user has not used an online tool, or the custodian has not provided one, the user may allow or prohibit disclosure to a fiduciary in a will, trust, power of attorney, or other record. Under subsection (3), a direction under either subsection overrides a contrary terms-of-service provision that does not require the user to act affirmatively and distinctly from assenting to the terms of service.
- A user may use an online tool to direct disclosure to a designated recipient, or nondisclosure, of some or all digital assets, including content (§ 740.003(1)).
- A tool direction the user can modify or delete at all times overrides a contrary direction in a will, trust, power of attorney, or other record (§ 740.003(1)).
- If no online tool was used or provided, a will, trust, power of attorney, or other record may allow or prohibit disclosure to a fiduciary (§ 740.003(2)).
- A direction under subsection (1) or (2) overrides a contrary terms-of-service provision that does not require the user to act affirmatively and distinctly from assenting (§ 740.003(3)).
Text of the statute (2026)
(1) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
(2) If a user has not used an online tool to give direction under subsection (1) or if the custodian has not provided an online tool, the user may allow or prohibit disclosure to a fiduciary of some or all of the user’s digital assets, including the content of electronic communications sent or received by the user, in a will, trust, power of attorney, or other record.
(3) A user’s direction under subsection (1) or subsection (2) overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user’s assent to the terms of service.
Excerpts are the subsections the summary relies on. Read the full official text of § 740.003.
History. s. 4, ch. 2016-46.
How it applies
When a user has both an online-tool setting and an estate document addressing the same account, § 740.003(1) gives the tool priority only if it lets the user modify or delete the direction at all times. If the tool direction cannot be changed at all times, § 740.003 states no ranking between it and the will. If the user did not use a tool, or the custodian offers none, the will, trust, power of attorney, or other record applies under subsection (2). Either direction overrides a contrary terms-of-service provision that does not require a separate, affirmative act by the user (§ 740.003(3)).
Where this shows up
Pages on this site where § 740.003 does real work:
- When to update a Florida estate plan: marriage, divorce, a birth, a death, a move, new assets and incapacity, what Florida law changes automatically and which documents to review after each event
- Florida will checklist: who may make a will, signing and witness rules under section 732.502, the self-proving affidavit, and decisions on beneficiaries, personal representative, guardian and homestead
- Digital assets after a death in Florida: email, cloud accounts and crypto under chapter 740
- Ajemian v. Yahoo!, Inc.
- The Bruce Willis iTunes story
- The digital assets inventory
- Legacy contacts and memorialisation
- The Florida Fiduciary Access to Digital Assets Act
- Justin Ellsworth
- Presidential papers
Questions people ask
Sources
- Fla. Stat. § 740.003 (2026), Online Sunshine / Florida Senate (A direction using an online tool overrides a contrary direction in a will, trust, power of attorney, or other record.)
- Fla. Stat. § 740.002 (2026) (Definition of "online tool" in § 740.002(16).)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.