Florida Statute 740.008
“Disclosure of content of electronic communications of principal”
What it means
Section 740.008 governs an agent's access to the content of a principal's electronic communications. It applies to the extent a power of attorney expressly grants the agent authority over that content, and unless the principal or the court directs otherwise. The custodian then shall disclose the content to the agent.
The agent must give: (1) a written request, physical or electronic; (2) an original or copy of the power of attorney expressly granting authority over the content of the principal's electronic communications; (3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and (4) if the custodian requests, an account identifier or evidence linking the account to the principal.
- Disclosure of content applies only to the extent the power of attorney expressly grants the agent authority over content of electronic communications (§ 740.008, introductory paragraph).
- The agent must give the custodian an original or copy of the power of attorney containing that express grant (§ 740.008(2)).
- The agent certifies, under penalty of perjury, that the power of attorney is in effect (§ 740.008(3)).
- If the custodian requests, the agent gives an account identifier or evidence linking the account to the principal (§ 740.008(4)).
- The principal or the court may direct otherwise (§ 740.008, introductory paragraph).
Text of the statute (2026)
To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives to the custodian:
(2) An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
(3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
Excerpts are the subsections the summary relies on. Read the full official text of § 740.008.
History. s. 9, ch. 2016-46.
How it applies
Section 740.008(2) requires a power of attorney that expressly grants authority over the content of the principal's electronic communications. A power of attorney with only general authority is addressed by § 740.009, which excludes content and reaches the catalog and other digital assets. The instrument therefore determines which section an agent uses. The agent also supplies a written request and a penalty-of-perjury certification that the power of attorney is in effect, and may be asked for an account identifier or linking evidence.
Where this shows up
Pages on this site where § 740.008 does real work:
Questions people ask
Sources
- Fla. Stat. § 740.008 (2026), Online Sunshine / Florida Senate (To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal.)
- Fla. Stat. § 740.009 (2026) (Catalog and non-content assets of a principal.)
Last checked: October 17, 2026
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