Florida Statute 740.01

“Disclosure of digital assets held in trust when trustee is the original user”

What it means

Section 740.01 applies when the trustee is the original user of an account. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to that trustee any digital asset of the account held in trust, including a catalog of electronic communications of the trustee and the content of electronic communications.

The section lists no request package, consent record, or certification. The court or the trust instrument can provide otherwise.

Text of the statute (2026)

Excerpts are the subsections the summary relies on. Read the full official text of § 740.01.

History. s. 11, ch. 2016-46.

How it applies

Section 740.01 turns on whether the trustee is an original user of the account. If so, the section lists no document package: the custodian discloses the trust-held digital assets, catalog and content included, unless a court order or the trust provides otherwise. If the trustee is not an original user, for example a successor trustee, the request instead follows § 740.02 for content and § 740.03 for other digital assets, which require a written request, trust paperwork, and a certification under penalty of perjury.

Where this shows up

Pages on this site where § 740.01 does real work:

• The Florida Fiduciary Access to Digital Assets Act
• The password problem

Related sections

Sources

• Fla. Stat. § 740.01 (2026), Online Sunshine / Florida Senate (A custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust.)
• Fla. Stat. § 740.02 (2026) (Trustee who is not the original user: content.)
• Fla. Stat. § 740.03 (2026) (Trustee who is not the original user: other digital assets.)

Last checked: October 17, 2026