Florida Statute 740.06
“Custodian compliance and immunity”
What it means
Section 740.06 sets the deadline and enforcement. A custodian shall comply with a fiduciary's or designated recipient's request to disclose digital assets or terminate an account not later than 60 days after receipt of the information required under ss. 740.006-740.04. If it does not, the fiduciary or designated recipient may apply to the court for an order directing compliance, which must contain a finding that compliance is not in violation of 18 U.S.C. s. 2702.
A custodian may notify the user of the request, and may deny it if it is aware of any lawful access to the account after receiving the request. The chapter does not limit a custodian's ability to require a court order specifying that the account belongs to the ward or principal, that there is sufficient consent, and containing any finding another law requires. A custodian and its officers, employees, and agents are immune from liability for good-faith acts or omissions in compliance with the chapter.
- A custodian shall comply within 60 days after receipt of the information required under ss. 740.006-740.04 (§ 740.06(1)).
- If the custodian does not comply, the fiduciary or designated recipient may apply to the court for an order directing compliance (§ 740.06(1)).
- The compliance order must contain a finding that compliance is not in violation of 18 U.S.C. s. 2702 (§ 740.06(2)).
- A custodian may notify the user of the request and may deny it if aware of lawful access to the account after receiving the request (§ 740.06(3)-(4)).
- A custodian and its officers, employees, and agents are immune from liability for good-faith acts or omissions in compliance with the chapter (§ 740.06(6)).
Text of the statute (2026)
(1) Not later than 60 days after receipt of the information required under ss. 740.006-740.04, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.
(2) An order under subsection (1) directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. s. 2702.
(4) A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary’s request.
(6) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.
Excerpts are the subsections the summary relies on. Read the full official text of § 740.06.
History. s. 16, ch. 2016-46.
How it applies
The 60-day period in § 740.06(1) runs from the custodian's receipt of the information the chapter requires, so a complete request starts the clock. If the custodian does not comply, the fiduciary or designated recipient may apply for an order directing compliance, and the order must include the 18 U.S.C. s. 2702 finding (§ 740.06(2)). The chapter also does not limit a custodian's ability to require a court order specifying account ownership, sufficient consent, and any finding required by other law (§ 740.06(5)).
Where this shows up
Pages on this site where § 740.06 does real work:
- Digital assets after a death in Florida: email, cloud accounts and crypto under chapter 740
- Ajemian v. Yahoo!, Inc.
- The digital assets inventory
- Legacy contacts and memorialisation
- The Florida Fiduciary Access to Digital Assets Act
- Justin Ellsworth
- Matthew Mellon
- Gerald Cotten / QuadrigaCX
- The lost bitcoin problem
- The password problem
Questions people ask
Sources
- Fla. Stat. § 740.06 (2026), Online Sunshine / Florida Senate (Not later than 60 days after receipt of the information required under ss. 740.006-740.04, a custodian shall comply with a request under this chapter.)
- Fla. Stat. § 740.006 (2026) (Content request package.)
- Fla. Stat. § 740.007 (2026) (Catalog and non-content request package.)
Last checked: October 17, 2026
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