Not taking new clients until late October 2026Mon–Fri 8a–6p67 FL counties
Florida Bar member · 9 years
probate.helpEST · SARASOTA · FLprobate.helpEST · SARASOTA · FL
Office line · current clients
941 · 352 · 1006
Text usJoin the waitlist
← All statutes
Chapter 740 — Digital Assets

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.

— What it says
  • 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)

§ 740.008 (introductory paragraph)
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:
§ 740.008(2)
(2) An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
§ 740.008(3)
(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.

— In a Florida probate

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.

Questions people ask

Does a general power of attorney cover email content in Florida?
No. Florida Statute 740.008 applies only to the extent the power of attorney expressly grants the agent authority over the content of electronic communications. Under 740.009, an agent with general authority can obtain the catalog and other digital assets, excluding content.

Sources

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 740.008

Published by the Probate.Help editorial team.How these pages are written and checked.

Intake paused · reopens late October 2026

You're going to get through this.

Rachel is not accepting new clients until late October 2026. Every guide, calculator, county page, and statute page here stays free. Leave your details and we'll call when intake reopens — or, if your matter can't wait, The Florida Bar Lawyer Referral Service refers you to another Florida attorney taking cases now.

Florida Bar #127500RPPTL SectionSarasota Bar AssociationFL Assoc. Women Lawyers