Florida Statute 740.009
“Disclosure of other digital assets of principal”
What it means
Section 740.009 covers a principal's digital assets other than message content. Unless otherwise ordered by the court, directed by the principal, or provided by the power of attorney, a custodian shall disclose to an agent with specific authority over the digital assets or general authority to act for the principal a catalog of electronic communications and the principal's digital assets, except the content of electronic communications.
The agent must give a written request, an original or copy of the power of attorney giving that specific or general authority, and a certification under penalty of perjury that the power of attorney is in effect. If the custodian requests, the agent also gives an account identifier or evidence linking the account to the principal.
- Specific authority over digital assets or general authority to act for the principal is enough; express content authority is not required (§ 740.009, introductory paragraph).
- The custodian discloses the catalog and digital assets, except the content of electronic communications (§ 740.009, introductory paragraph).
- The agent gives a written request, the power of attorney, and a penalty-of-perjury certification that it is in effect (§ 740.009(1)-(3)).
- A court order, the principal's direction, or the power of attorney can provide otherwise (§ 740.009, introductory paragraph).
Text of the statute (2026)
Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over the digital assets or with general authority to act on behalf of the principal a catalog of electronic communications sent or received by the principal, and digital assets of the principal, except the content of electronic communications, if the agent gives the custodian:
(2) An original or a copy of the power of attorney which gives the agent specific authority over digital assets or general authority to act on behalf 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 § 740.009.
History. s. 10, ch. 2016-46.
How it applies
Section 740.009 applies to an agent under a power of attorney that gives specific authority over digital assets or general authority to act for the principal (§ 740.009(2)). It reaches the catalog and the principal's other digital assets but not content, which requires the express grant described in § 740.008. The power of attorney, the principal, or the court can limit what the custodian discloses. The agent supplies a written request and a certification, under penalty of perjury, that the power of attorney is in effect.
Where this shows up
Pages on this site where § 740.009 does real work:
Questions people ask
Sources
- Fla. Stat. § 740.009 (2026), Online Sunshine / Florida Senate (A custodian shall disclose to an agent with specific authority over the digital assets or with general authority to act on behalf of the principal a catalog of electronic communications.)
- Fla. Stat. § 740.008 (2026) (Content of electronic communications of a principal.)
Last checked: October 17, 2026
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