Florida Statute 740.02
“Disclosure of content of electronic communications held in trust when trustee is not the original user”
What it means
Section 740.02 governs a trustee that is not an original user of an account and seeks the content of electronic communications. Unless the court orders otherwise, the user directs otherwise, or the trust provides otherwise, the custodian shall disclose content sent or received by an original or successor user and held in the trust's account, if the trustee provides the required items.
Required: (1) a written request; (2) a certified copy of the trust instrument, or a certification of trust under s. 736.1017, which includes consent to disclosure of the content of electronic communications to the trustee; (3) the trustee's certification, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee; and (4) if the custodian requests, an account identifier or evidence linking the account to the trust.
- The section applies to a trustee that is not an original user of the account and seeks content of electronic communications (§ 740.02, introductory paragraph).
- The trust instrument or certification of trust must include consent to disclosure of the content to the trustee (§ 740.02(2)).
- A certification of trust under § 736.1017 may be given instead of a certified copy of the trust instrument (§ 740.02(2)).
- The trustee certifies, under penalty of perjury, that the trust exists and that the trustee is a currently acting trustee (§ 740.02(3)).
- If requested, the trustee gives an account identifier or evidence linking the account to the trust (§ 740.02(4)).
Text of the statute (2026)
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:
(2) A certified copy of the trust instrument, or a certification of trust under s. 736.1017, which includes consent to disclosure of the content of electronic communications to the trustee;
(3) A certification by the trustee, under penalty of perjury, that the trust exists and that the trustee is a currently acting trustee of the trust; and
Excerpts are the subsections the summary relies on. Read the full official text of § 740.02.
History. s. 12, ch. 2016-46.
How it applies
The consent requirement is in the trust paperwork itself: § 740.02(2) calls for a certified copy of the trust instrument, or a certification of trust under § 736.1017, that includes consent to disclosure of the content of electronic communications to the trustee. A trust that contains no such consent does not support a content request under this section, though § 740.03 still reaches the catalog and other non-content assets. The trustee also provides a written request and a certification, under penalty of perjury, that the trust exists and the trustee is currently acting.
Where this shows up
Pages on this site where § 740.02 does real work:
Related sections
Sources
- Fla. Stat. § 740.02 (2026), Online Sunshine / Florida Senate (A certified copy of the trust instrument, or a certification of trust under s. 736.1017, which includes consent to disclosure of the content of electronic communications to the trustee.)
- Fla. Stat. § 736.1017 (2026) (Certification of trust that may be furnished instead of the trust instrument.)
- Fla. Stat. § 740.03 (2026) (Non-content assets where the trustee is not the original user.)
Last checked: October 17, 2026
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