Florida Statute 740.005
“Procedure for disclosing digital assets”
What it means
When disclosing a user's digital assets under Chapter 740, the custodian may choose the method at its sole discretion: full access to the account; partial access sufficient for the tasks the fiduciary or designated recipient is charged with; or a copy in a record of any digital asset the user could have accessed on the date the custodian received the request, if the user were alive and had full capacity and access.
The custodian may assess a reasonable administrative charge for the cost of disclosing and is not required to disclose a digital asset deleted by the user. If a user directs, or a fiduciary requests, disclosure of some but not all digital assets, the custodian need not disclose where segregating the assets would impose an undue burden. The custodian or the fiduciary may then ask the court for an order of disclosure of a subset limited by date, of all the assets (to the fiduciary or designated recipient, or to the court for review in chambers), or of none.
- The custodian may, at its sole discretion, grant full access, grant partial access sufficient for the fiduciary's tasks, or provide a copy in a record (§ 740.005(1)).
- A copy in a record covers any digital asset the user could have accessed on the date the custodian received the request (§ 740.005(1)(c)).
- A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets (§ 740.005(2)).
- A custodian is not required to disclose a digital asset deleted by a user (§ 740.005(3)).
- If segregating assets would be an undue burden, the custodian or fiduciary may seek a court order for a date-limited subset, all assets, or none (§ 740.005(4)).
Text of the statute (2026)
(1) When disclosing the digital assets of a user under this chapter, the custodian may, at its sole discretion: (a) Grant a fiduciary or designated recipient full access to the user’s account; (b) Grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or (c) Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
(2) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.
(3) A custodian is not required to disclose under this chapter a digital asset deleted by a user.
(4) If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the user’s digital assets to the fiduciary or a designated recipient, the custodian is not required to disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or the fiduciary may seek an order from the court to disclose: (a) A subset limited by date of the user’s digital assets; (b) All of the user’s digital assets to the fiduciary or designated recipient, or to the court for review in chambers; or (c) None of the user’s digital assets.
Excerpts are the subsections the summary relies on. Read the full official text of § 740.005.
History. s. 6, ch. 2016-46.
How it applies
Under § 740.005(1) the custodian, not the fiduciary, selects the format, so a valid request can be met with a copy in a record rather than access to the account itself. A custodian may assess a reasonable administrative charge for the cost of disclosing (§ 740.005(2)). A digital asset the user deleted falls outside the disclosure duty (§ 740.005(3)). Where a partial request would be an undue burden, either the custodian or the fiduciary may petition the court under § 740.005(4).
Where this shows up
Pages on this site where § 740.005 does real work:
Questions people ask
Sources
- Fla. Stat. § 740.005 (2026), Online Sunshine / Florida Senate (A custodian is not required to disclose under this chapter a digital asset deleted by a user.)
- Fla. Stat. § 740.002 (2026) (Definitions of "fiduciary" and "designated recipient" in § 740.002(13) and (8).)
Last checked: October 17, 2026
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