Florida Statute 740.03
“Disclosure of other digital assets held in trust when trustee is not the original user”
What it means
Section 740.03 covers a trustee that is not an original user and seeks everything except content. Unless the court orders otherwise, the user directs otherwise, or the trust provides otherwise, the custodian shall disclose a catalog of electronic communications sent or received by an original or successor user and held in an account of the trust, and any digital assets in which the trust has a right or interest, other than the content of electronic communications.
Required: a written request; a certified copy of the trust instrument or a certification of trust under s. 736.1017; the trustee's certification, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee; and, if the custodian requests, an account identifier or evidence linking the account to the trust.
- The section covers the catalog and digital assets in which the trust has a right or interest, other than content (§ 740.03, introductory paragraph).
- The trustee gives a written request (§ 740.03(1)).
- A certified copy of the trust instrument or a certification of trust under § 736.1017 is required; the section lists no consent language (§ 740.03(2)).
- The trustee certifies, under penalty of perjury, that the trust exists and that the trustee is a currently acting trustee (§ 740.03(3)).
- A court order, the user's direction, or the trust can provide otherwise (§ 740.03, introductory paragraph).
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, a catalog of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets in which the trust has a right or interest, other than the content of electronic communications, if the trustee gives the custodian:
(2) A certified copy of the trust instrument, or a certification of trust under s. 736.1017;
Excerpts are the subsections the summary relies on. Read the full official text of § 740.03.
History. s. 13, ch. 2016-46.
How it applies
Section 740.03 is the non-content counterpart to § 740.02 for a trustee who is not an original user. The package is a written request, a certified copy of the trust instrument or a certification of trust under § 736.1017, and the trustee's certification, under penalty of perjury, that the trust exists and the trustee is currently acting. Unlike § 740.02(2), it does not call for consent to disclosure of content, because content is excluded. A custodian may also request an account identifier or evidence linking the account to the trust.
Where this shows up
Pages on this site where § 740.03 does real work:
Related sections
Sources
- Fla. Stat. § 740.03 (2026), Online Sunshine / Florida Senate (A catalog of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust.)
- Fla. Stat. § 736.1017 (2026) (Certification of trust that may be furnished instead of the trust instrument.)
- Fla. Stat. § 740.02 (2026) (Content where the trustee is not the original user.)
Last checked: October 17, 2026
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