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 740.009

“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.

— What it says
  • 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)

§ 740.009 (introductory paragraph)
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:
§ 740.009(2)
(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;
§ 740.009(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 § 740.009.

History. s. 10, ch. 2016-46.

— In a Florida probate

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

Can an agent under a power of attorney get a principal's online account records?
Yes, except content. Under Florida Statute 740.009, an agent with specific or general authority can obtain the catalog of electronic communications and other digital assets by giving the custodian a written request, the power of attorney, and a penalty-of-perjury certification.

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 § 740.009

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