reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 738 - Principal and Income › 738.702 - Disbursements From Principal.

738.702 Disbursements from principal.—
(1) A fiduciary shall make the following disbursements from principal:
(a) The remaining one-half of the disbursements described in s. 738.701(1) and (2).
(b) All of the trustee’s compensation calculated on principal as a fee for acceptance, distribution, or termination and disbursements made to prepare property for sale.
(c) Payments on the principal of a trust debt.
(d) Expenses of a proceeding that concerns primarily principal, including a proceeding to construe the trust or will, or to protect the trust, estate, or its property.
(e) Premiums paid on a policy of insurance not described in s. 738.701(4) of which the trust or estate is the owner and beneficiary.
(f) Estate, inheritance, and other transfer taxes, including penalties, apportioned to the trust.
(g) Disbursements related to environmental matters, including reclamation, assessing environmental conditions, remedying and removing environmental contamination, monitoring remedial activities and the release of substances, preventing future releases of substances, collecting amounts from persons liable or potentially liable for the costs of such activities, penalties imposed under environmental laws or regulations and other payments made to comply with those laws or regulations, statutory or common law claims by third parties, and defending claims based on environmental matters.
(h) Payments representing extraordinary repairs or expenses incurred in making a capital improvement to principal, including special assessments; however, a fiduciary may establish an allowance for depreciation out of income to the extent permitted by s. 738.703.
(2) If a principal asset is encumbered with an obligation that requires income from that asset to be paid directly to the creditor, the trustee shall transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation.
History.—s. 1, ch. 2002-42; s. 28, ch. 2012-49.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 738 - Principal and Income › 738.703 - Transfers From Income to Principal for Depreciation.

738.703 Transfers from income to principal for depreciation.—
(1) For purposes of this section, “depreciation” means a reduction in value due to wear, tear, decay, corrosion, or gradual obsolescence of a fixed asset having a useful life of more than 1 year.
(2) A fiduciary may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation but may not transfer any amount for depreciation:
(a) Of that portion of real property used or available for use by a beneficiary as a residence or of tangible personal property held or made available for the personal use or enjoyment of a beneficiary;
(b) During the administration of a decedent’s estate; or
(c) Under this section if the fiduciary is accounting under s. 738.403 for the business or activity in which the asset is used.
(3) The amount of depreciation taken for tax purposes with respect to an asset shall be presumed to be a reasonable amount of depreciation. An amount taken for depreciation shall not be considered unreasonable solely because it is greater or less than the amount taken for tax purposes.
(4) An amount transferred to principal need not be held as a separate fund.
History.—s. 1, ch. 2002-42; s. 29, ch. 2012-49.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 738 - Principal and Income › 738.704 - Transfers From Income to Reimburse Principal.

738.704 Transfers from income to reimburse principal.—
(1) If a fiduciary makes or expects to make a principal disbursement described in this section, the fiduciary may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or to provide a reserve for future principal disbursements.
(2) Principal disbursements to which subsection (1) applies include the following, but only to the extent the fiduciary has not been and does not expect to be reimbursed by a third party:
(a) An amount chargeable to income but paid from principal because the amount is unusually large.
(b) Disbursements made to prepare property for rental, including tenant allowances, leasehold improvements, and broker’s commissions.
(c) Disbursements described in s. 738.702(1)(g).
(3) If the asset the ownership of which gives rise to the disbursements becomes subject to a successive income interest after an income interest ends, a fiduciary may continue to transfer amounts from income to principal as provided in subsection (1).
(4) To the extent principal cash is not sufficient to pay the principal balance of payments due on mortgaged property, income may be applied to such payment in order to avoid a default on any mortgage or security interest securing the property. Income shall be reimbursed for such payments out of the first available principal cash. If the asset the ownership of which gives rise to the disbursements described in this subsection becomes subject to a successive income interest after an income interest ends, all rights of the initial income interest shall lapse, and amounts remaining due from principal shall not be a lien on the assets of the trust.
History.—s. 1, ch. 2002-42; s. 30, ch. 2012-49.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 738 - Principal and Income › 738.705 - Income Taxes.

738.705 Income taxes.—
(1) A tax required to be paid by a fiduciary based on receipts allocated to income shall be paid from income.
(2) A tax required to be paid by a fiduciary based on receipts allocated to principal shall be paid from principal, even if the tax is called an income tax by the taxing authority.
(3) A tax required to be paid by a fiduciary on the trust’s or estate’s share of an entity’s taxable income shall be paid proportionately:
(a) From income to the extent receipts from the entity are allocated to income.
(b) From principal to the extent receipts from the entity are allocated to principal.
(c) From principal to the extent that the income taxes payable by the trust or estate exceed the total receipts from the entity.
(4) After applying subsections (1)-(3), the fiduciary shall adjust income or principal receipts to the extent that the trust’s or estate’s income taxes are reduced, but not eliminated, because the trust or estate receives a deduction for payments made to a beneficiary. The amount distributable to that beneficiary as income as a result of this adjustment shall be equal to the cash received by the trust or estate, reduced, but not below zero, by the entity’s taxable income allocable to the trust or estate multiplied by the trust’s or estate’s income tax rate. The reduced amount shall be divided by the difference between 1 and the trust’s or estate’s income tax rate in order to determine the amount distributable to that beneficiary as income before giving effect to other receipts or disbursements allocable to that beneficiary’s interest.
History.—s. 1, ch. 2002-42; s. 31, ch. 2012-49.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 738 - Principal and Income › 738.706 - Adjustments Between Principal and Income Because of Taxes.

738.706 Adjustments between principal and income because of taxes.—
(1) A fiduciary may make adjustments between principal and income to offset the shifting of economic interests or tax benefits between income beneficiaries and remainder beneficiaries which arise from:
(a) Elections and decisions, other than those described in paragraph (b), that the fiduciary makes from time to time regarding tax matters;
(b) An income tax or any other tax that is imposed upon the fiduciary or a beneficiary as a result of a transaction involving or a distribution from the estate or trust; or
(c) The ownership by an estate or trust of an interest in an entity whose taxable income, whether or not distributed, is includable in the taxable income of the estate, trust, or a beneficiary.
(2) If the amount of an estate tax marital deduction or charitable contribution deduction is reduced because a fiduciary deducts an amount paid from principal for income tax purposes instead of deducting such amount for estate tax purposes, and as a result estate taxes paid from principal are increased and income taxes paid by an estate, trust, or beneficiary are decreased, each estate, trust, or beneficiary that benefits from the decrease in income tax shall reimburse the principal from which the increase in estate tax is paid. The total reimbursement shall equal the increase in the estate tax to the extent the principal used to pay the increase would have qualified for a marital deduction or charitable contribution deduction but for the payment. The proportionate share of the reimbursement for each estate, trust, or beneficiary whose income taxes are reduced shall be the same as such estate’s, trust’s, or beneficiary’s proportionate share of the total decrease in income tax. An estate or trust shall reimburse principal from income.
History.—s. 1, ch. 2002-42.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 738 - Principal and Income › 738.802 - Uniformity of Application and Construction.

738.802 Uniformity of application and construction.—In applying and construing this act, consideration shall be given to the need to promote uniformity of the law with respect to the act’s subject matter among states that enact such act.
History.—s. 1, ch. 2002-42.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 738 - Principal and Income › 738.803 - Severability.

738.803 Severability.—If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
History.—s. 1, ch. 2002-42.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 738 - Principal and Income › 738.804 - Application.

738.804 Application.—Except as provided in the trust instrument, the will, or this chapter, this chapter shall apply to any receipt or expense received or incurred and any disbursement made after January 1, 2003, by any trust or decedent’s estate, whether established before or after January 1, 2003, and whether the asset involved was acquired by the trustee or personal representative before or after January 1, 2003. Receipts or expenses received or incurred and disbursements made before January 1, 2003, shall be governed by the law of this state in effect at the time of the event, except as otherwise expressly provided in the will or terms of the trust or in this chapter.
History.—s. 1, ch. 2002-42.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 739 - Florida Uniform Disclaimer of Property Interests Act › 739.102 - Definitions.

739.102 Definitions.—As used in this chapter, the term:
(1) “Benefactor” means the creator of the interest that is subject to a disclaimer.
(2) “Beneficiary designation” means an instrument, other than an instrument creating or amending a trust, naming the beneficiary of:
(a) An annuity or insurance policy;
(b) An account with a designation for payment on death;
(c) A security registered in beneficiary form;
(d) A pension, profit-sharing, retirement, or other employment-related benefit plan; or
(e) Any other nonprobate transfer at death.
(3) “Disclaimant” means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.
(4) “Disclaimed interest” means the interest that would have passed to the disclaimant had the disclaimer not been made.
(5) “Disclaimer” means the refusal to accept an interest in or power over property. The term includes a renunciation.
(6) “Fiduciary” means a personal representative, trustee, agent acting under a power of attorney, guardian, or other person authorized to act as a fiduciary with respect to the property of another person.
(7) “Future interest” means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.
(8) “Insolvent” means, solely for purposes of this chapter, that the sum of a person’s debts is greater than all of the person’s assets at fair valuation and that the person is generally not paying his or her debts as they become due. For purposes of this subsection, the term “assets” has the same meaning as that provided in s. 726.102.
(9) “Jointly held property” means property held in the names of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property. Jointly held property does not include property held as tenants by the entirety.
(10) “Person” includes individuals, ascertained and unascertained, living or not living, whether entitled to an interest by right of intestacy or otherwise; a government, governmental subdivision, agency, or instrumentality; and a public corporation.
(11) “Time of distribution” means the time when a disclaimed interest would have taken effect in possession or enjoyment.
(12) “Trust” means:
(a) An express trust (including an honorary trust or a trust under s. 736.0408), charitable or noncharitable, with additions thereto, whenever and however created; and
(b) A trust created pursuant to a statute, judgment, or decree which requires the trust be administered in the manner of an express trust.
As used in this chapter, the term “trust” does not include a constructive trust or a resulting trust.
History.—s. 1, ch. 2005-108; s. 43, ch. 2006-217; s. 13, ch. 2009-115.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 739 - Florida Uniform Disclaimer of Property Interests Act › 739.103 - Scope.

739.103 Scope.—This chapter applies to disclaimers of any interest in or power over property, whenever created. Except as provided in s. 739.701, this chapter is the exclusive means by which a disclaimer may be made under Florida law.
History.—s. 1, ch. 2005-108.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 739 - Florida Uniform Disclaimer of Property Interests Act › 739.104 - Power to Disclaim; General Requirements; When Irrevocable.

739.104 Power to disclaim; general requirements; when irrevocable.—
(1) A person may disclaim, in whole or in part, conditionally or unconditionally, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim. A disclaimer shall be unconditional unless the disclaimant explicitly provides otherwise in the disclaimer.
(2) With court approval, a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment, except that a disclaimer of a power arising under s. 739.201(4) does not require court approval. Without court approval, a fiduciary may disclaim, in whole or in part, any interest in or power over property, including a power of appointment, if and to the extent that the instrument creating the fiduciary relationship explicitly grants the fiduciary the right to disclaim. In the absence of a court-appointed guardian, notwithstanding anything in chapter 744 to the contrary, without court approval, a natural guardian under s. 744.301 may disclaim on behalf of a minor child of the natural guardian, in whole or in part, any interest in or power over property, including a power of appointment, which the minor child is to receive solely as a result of another disclaimer, but only if the disclaimed interest or power does not pass to or for the benefit of the natural guardian as a result of the disclaimer.
(3) To be effective, a disclaimer must be in writing, declare the writing as a disclaimer, describe the interest or power disclaimed, and be signed by the person making the disclaimer and witnessed and acknowledged in the manner provided for deeds of real estate to be recorded in this state. In addition, for a disclaimer to be effective, an original of the disclaimer must be delivered or filed in the manner provided in s. 739.301.
(4) A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.
(5) A disclaimer becomes irrevocable when any conditions to which the disclaimant has made the disclaimer subject are satisfied and when the disclaimer is delivered or filed pursuant to s. 739.301 or it becomes effective as provided in ss. 739.201-739.207, whichever occurs later.
(6) A disclaimer made under this chapter is not a transfer, assignment, or release.
History.—s. 1, ch. 2005-108; s. 103, ch. 2006-1; s. 14, ch. 2009-115.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 739 - Florida Uniform Disclaimer of Property Interests Act › 739.201 - Disclaimer of Interest in Property.

739.201 Disclaimer of interest in property.—Except for a disclaimer governed by s. 739.202, s. 739.203, or s. 739.204, the following rules apply to a disclaimer of an interest in property:
(1) The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable or, if the interest arose under the law of intestate succession, as of the time of the intestate’s death.
(2) The disclaimed interest passes according to any provision in the instrument creating the interest providing explicitly for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general.
(3) If the instrument does not contain a provision described in subsection (2), the following rules apply:
(a) If the disclaimant is an individual, the disclaimed interest passes as if the disclaimant had died immediately before the interest was created, unless under the governing instrument or other applicable law the disclaimed interest is contingent on surviving to the time of distribution, in which case the disclaimed interest passes as if the disclaimant had died immediately before the time for distribution. However, if, by law or under the governing instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution. For purposes of this subsection, a disclaimed interest is created at the death of the benefactor or such earlier time, if any, that the benefactor’s transfer of the interest is a completed gift for federal gift tax purposes. Also for purposes of this subsection, a disclaimed interest in a trust described in s. 733.707(3) shall pass as if the interest had been created under a will.
(b) If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist.
(c) Upon the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment as a result of the disclaimer.
(4) In the case of a disclaimer of property over which the disclaimant has a power, in a fiduciary or nonfiduciary capacity, to direct the beneficial enjoyment of the disclaimed property, unless the disclaimer specifically provides to the contrary with reference to this subsection, the disclaimant shall also be deemed to have disclaimed that power unless the power is limited by an ascertainable standard, as defined in s. 736.0103, as in effect when the disclaimer becomes irrevocable.
History.—s. 1, ch. 2005-108; s. 15, ch. 2009-115.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 739 - Florida Uniform Disclaimer of Property Interests Act › 739.202 - Disclaimer of Rights of Survivorship in Jointly Held Property.

739.202 Disclaimer of rights of survivorship in jointly held property.—
(1) Upon the death of a holder of jointly held property:
(a) If, during the deceased holder’s lifetime, the deceased holder could have unilaterally regained a portion of the property attributable to the deceased holder’s contributions without the consent of any other holder, another holder may disclaim, in whole or in part, a fractional share of that portion of the property attributable to the deceased holder’s contributions determined by dividing the number one by the number of joint holders alive immediately after the death of the holder to whose death the disclaimer relates.
(b) For all other jointly held property, another holder may disclaim, in whole or in part, a fraction of the whole of the property the numerator of which is one and the denominator of which is the product of the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates multiplied by the number of joint holders alive immediately after the death of the holder to whose death the disclaimer relates.
(2) A disclaimer under subsection (1) takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.
(3) An interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.
History.—s. 1, ch. 2005-108.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 739 - Florida Uniform Disclaimer of Property Interests Act › 739.203 - Disclaimer of Property Held as Tenancy by the Entirety.

739.203 Disclaimer of property held as tenancy by the entirety.—
(1) The survivorship interest in property held as a tenancy by the entirety to which the survivor succeeds by operation of law upon the death of the cotenant may be disclaimed as provided in this chapter. For purposes of this chapter only, the deceased tenant’s interest in property held as a tenancy by the entirety shall be deemed to be an undivided one-half interest.
(2) A disclaimer under subsection (1) takes effect as of the death of the deceased tenant to whose death the disclaimer relates.
(3) The survivorship interest in property held as a tenancy by the entirety disclaimed by the surviving tenant passes as if the disclaimant had predeceased the tenant to whose death the disclaimer relates.
(4) A disclaimer of an interest in real property held as tenants by the entirety does not cause the disclaimed interest to be homestead property for purposes of descent and distribution under ss. 732.401 and 732.4015.
History.—s. 1, ch. 2005-108.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 739 - Florida Uniform Disclaimer of Property Interests Act › 739.204 - Disclaimer of Interest by Trustee.

739.204 Disclaimer of interest by trustee.—If a trustee having the power to disclaim under the instrument creating the fiduciary relationship or pursuant to court order disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.
History.—s. 1, ch. 2005-108.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 739 - Florida Uniform Disclaimer of Property Interests Act › 739.205 - Disclaimer of Power of Appointment or Other Power Not Held in a Fiduciary Capacity.

739.205 Disclaimer of power of appointment or other power not held in a fiduciary capacity.—If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:
(1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
(2) If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.
(3) The instrument creating the power is construed as if the power expired when the disclaimer became effective.
History.—s. 1, ch. 2005-108.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 739 - Florida Uniform Disclaimer of Property Interests Act › 739.206 - Disclaimer by Appointee, Object, or Taker in Default of Exercise of Power of Appointment.

739.206 Disclaimer by appointee, object, or taker in default of exercise of power of appointment.—
(1) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable.
(2) A disclaimer of an interest in property by an object, or taker in default of an exercise of a power of appointment, takes effect as of the time the instrument creating the power becomes irrevocable.
History.—s. 1, ch. 2005-108.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 739 - Florida Uniform Disclaimer of Property Interests Act › 739.207 - Disclaimer of Power Held in Fiduciary Capacity.

739.207 Disclaimer of power held in fiduciary capacity.—
(1) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
(2) If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the disclaimer takes effect immediately after the last exercise of the power.
(3) A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust, or other person for whom the fiduciary is acting, except that a disclaimer of a fiduciary power arising under s. 739.201(4) shall bind only the disclaiming fiduciary.
History.—s. 1, ch. 2005-108; s. 16, ch. 2009-115.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 739 - Florida Uniform Disclaimer of Property Interests Act › 739.402 - When Disclaimer Is Barred or Limited.

739.402 When disclaimer is barred or limited.—
(1) A disclaimer is barred by a written waiver of the right to disclaim.
(2) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:
(a) The disclaimant accepts the interest sought to be disclaimed;
(b) The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so;
(c) The interest sought to be disclaimed is sold pursuant to a judicial sale; or
(d) The disclaimant is insolvent when the disclaimer becomes irrevocable.
(3) A disclaimer, in whole or in part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.
(4) A disclaimer, in whole or in part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.
(5) A disclaimer of an interest in, or a power over, property which is barred by this section is ineffective.
History.—s. 1, ch. 2005-108; s. 17, ch. 2009-115.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 739 - Florida Uniform Disclaimer of Property Interests Act › 739.501 - Tax-Qualified Disclaimer.

739.501 Tax-qualified disclaimer.—Notwithstanding any provision of this chapter other than s. 739.402, if, as a result of a disclaimer or transfer, the disclaimed or transferred interest is treated pursuant to the provisions of s. 2518 of the Internal Revenue Code of 1986 as never having been transferred to the disclaimant, the disclaimer or transfer is effective as a disclaimer under this chapter.
History.—s. 1, ch. 2005-108; s. 18, ch. 2009-115.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 739 - Florida Uniform Disclaimer of Property Interests Act › 739.601 - Recording of Disclaimer Relating to Real Estate.

739.601 Recording of disclaimer relating to real estate.—
(1) A disclaimer of an interest in or relating to real estate does not provide constructive notice to all persons unless the disclaimer contains a legal description of the real estate to which the disclaimer relates and unless the disclaimer is filed for recording in the office of the clerk of the court in the county or counties where the real estate is located.
(2) An effective disclaimer meeting the requirements of subsection (1) constitutes constructive notice to all persons from the time of filing. Failure to record the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer.
History.—s. 1, ch. 2005-108.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 739 - Florida Uniform Disclaimer of Property Interests Act › 739.701 - Application to Existing Relationships.

739.701 Application to existing relationships.—Except as otherwise provided in s. 739.402, an interest in or power over property existing on July 1, 2005, as to which the time for delivering or filing a disclaimer under laws superseded by this chapter has not expired, may be disclaimed after July 1, 2005.
History.—s. 1, ch. 2005-108.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 740 - Fiduciary Access to Digital Assets › 740.003 - User Direction for Disclosure of Digital Assets.

740.003 User direction for disclosure of digital assets.—
(1) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
(2) If a user has not used an online tool to give direction under subsection (1) or if the custodian has not provided an online tool, the user may allow or prohibit disclosure to a fiduciary of some or all of the user’s digital assets, including the content of electronic communications sent or received by the user, in a will, trust, power of attorney, or other record.
(3) A user’s direction under subsection (1) or subsection (2) overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user’s assent to the terms of service.
History.—s. 4, ch. 2016-46.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 740 - Fiduciary Access to Digital Assets › 740.004 - Terms-of-Service Agreement Preserved.

740.004 Terms-of-service agreement preserved.—
(1) This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use the digital assets of the user.
(2) This chapter does not give a fiduciary or a designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate or trust, the fiduciary or designated recipient acts or represents.
(3) A fiduciary’s or designated recipient’s access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under s. 740.003.
History.—s. 5, ch. 2016-46.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 740 - Fiduciary Access to Digital Assets › 740.005 - Procedure for Disclosing Digital Assets.

740.005 Procedure for disclosing digital assets.—
(1) When disclosing the digital assets of a user under this chapter, the custodian may, at its sole discretion:
(a) Grant a fiduciary or designated recipient full access to the user’s account;
(b) Grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or
(c) Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
(2) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.
(3) A custodian is not required to disclose under this chapter a digital asset deleted by a user.
(4) If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the user’s digital assets to the fiduciary or a designated recipient, the custodian is not required to disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or the fiduciary may seek an order from the court to disclose:
(a) A subset limited by date of the user’s digital assets;
(b) All of the user’s digital assets to the fiduciary or designated recipient, or to the court for review in chambers; or
(c) None of the user’s digital assets.
History.—s. 6, ch. 2016-46.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 740 - Fiduciary Access to Digital Assets › 740.006 - Disclosure of Content of Electronic Communications of Deceased User.

740.006 Disclosure of content of electronic communications of deceased user.—If a deceased user consented to or a court directs the disclosure of the content of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives to the custodian:
(1) A written request for disclosure which is in physical or electronic form;
(2) A certified copy of the death certificate of the user;
(3) A certified copy of the letters of administration, the order authorizing a curator or administrator ad litem, the order of summary administration issued pursuant to chapter 735, or other court order;
(4) Unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney, or other record evidencing the user’s consent to disclosure of the content of electronic communications; and
(5) If requested by the custodian:
(a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
(b) Evidence linking the account to the user; or
(c) A finding by the court that:
1. The user had a specific account with the custodian, identifiable by information specified in paragraph (a);
2. Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. ss. 2701 et seq., 47 U.S.C. s. 222, or other applicable law;
3. Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
4. Disclosure of the content of electronic communications of the user is reasonably necessary for the administration of the estate.
History.—s. 7, ch. 2016-46.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 740 - Fiduciary Access to Digital Assets › 740.007 - Disclosure of Other Digital Assets of Deceased User.

740.007 Disclosure of other digital assets of deceased user.—Unless a user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalog of electronic communications sent or received by the user and digital assets of the user, except the content of electronic communications, if the personal representative gives to the custodian:
(1) A written request for disclosure which is in physical or electronic form;
(2) A certified copy of the death certificate of the user;
(3) A certified copy of the letters of administration, the order authorizing a curator or administrator ad litem, the order of summary administration issued pursuant to chapter 735, or other court order; and
(4) If requested by the custodian:
(a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
(b) Evidence linking the account to the user;
(c) An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for the administration of the estate; or
(d) An order of the court finding that:
1. The user had a specific account with the custodian, identifiable by information specified in paragraph (a); or
2. Disclosure of the user’s digital assets is reasonably necessary for the administration of the estate.
History.—s. 8, ch. 2016-46.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 740 - Fiduciary Access to Digital Assets › 740.008 - Disclosure of Content of Electronic Communications of Principal.

740.008 Disclosure of content of electronic communications of principal.—To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives to the custodian:
(1) A written request for disclosure which is in physical or electronic form;
(2) An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
(3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4) If requested by the custodian:
(a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or
(b) Evidence linking the account to the principal.
History.—s. 9, ch. 2016-46.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 740 - Fiduciary Access to Digital Assets › 740.009 - Disclosure of Other Digital Assets of Principal.

740.009 Disclosure of other digital assets of principal.—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:
(1) A written request for disclosure which is in physical or electronic form;
(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;
(3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4) If requested by the custodian:
(a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or
(b) Evidence linking the account to the principal.
History.—s. 10, ch. 2016-46.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 740 - Fiduciary Access to Digital Assets › 740.01 - Disclosure of Digital Assets Held in Trust When Trustee Is the Original User.

740.01 Disclosure of digital assets held in trust when trustee is the original user.—Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalog of electronic communications of the trustee and the content of electronic communications.
History.—s. 11, ch. 2016-46.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 740 - Fiduciary Access to Digital Assets › 740.02 - Disclosure of Content of Electronic Communications Held in Trust When Trustee Is Not the Original User.

740.02 Disclosure of content of electronic communications held in trust when trustee is not the original user.—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:
(1) A written request for disclosure which is in physical or electronic form;
(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
(4) If requested by the custodian:
(a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or
(b) Evidence linking the account to the trust.
History.—s. 12, ch. 2016-46.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 740 - Fiduciary Access to Digital Assets › 740.03 - Disclosure of Other Digital Assets Held in Trust When Trustee Is Not the Original User.

740.03 Disclosure of other digital assets held in trust when trustee is not the original user.—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:
(1) A written request for disclosure which is in physical or electronic form;
(2) A certified copy of the trust instrument, or a certification of trust under s. 736.1017;
(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
(4) If requested by the custodian:
(a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or
(b) Evidence linking the account to the trust.
History.—s. 13, ch. 2016-46.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 740 - Fiduciary Access to Digital Assets › 740.04 - Disclosure of Digital Assets to Guardian of Ward.

740.04 Disclosure of digital assets to guardian of ward.—
(1) After an opportunity for a hearing under chapter 744, the court may grant a guardian access to the digital assets of a ward.
(2) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalog of electronic communications sent or received by the ward and any digital assets in which the ward has a right or interest, other than the content of electronic communications, if the guardian gives the custodian:
(a) A written request for disclosure which is in physical or electronic form;
(b) A certified copy of letters of plenary guardianship of the property or the court order that gives the guardian authority over the digital assets of the ward; and
(c) If requested by the custodian:
1. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the ward’s account; or
2. Evidence linking the account to the ward.
(3) A guardian with general authority to manage the property of a ward may request a custodian of the digital assets of the ward to suspend or terminate an account of the ward for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the guardian authority over the ward’s property.
History.—s. 14, ch. 2016-46.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 740 - Fiduciary Access to Digital Assets › 740.05 - Fiduciary Duty and Authority.

740.05 Fiduciary duty and authority.—
(1) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:
(a) The duty of care;
(b) The duty of loyalty; and
(c) The duty of confidentiality.
(2) A fiduciary’s or designated recipient’s authority with respect to a digital asset of a user:
(a) Except as otherwise provided in s. 740.003, is subject to the applicable terms-of-service agreement;
(b) Is subject to other applicable law, including copyright law;
(c) In the case of a fiduciary, is limited by the scope of the fiduciary’s duties; and
(d) May not be used to impersonate the user.
(3) A fiduciary with authority over the tangible personal property of a decedent, ward, principal, or settlor has the right to access any digital asset in which the decedent, ward, principal, or settlor had or has a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
(4) A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of the property of the decedent, ward, principal, or settlor for the purpose of applicable computer fraud and unauthorized computer access laws, including under chapter 815.
(5) A fiduciary with authority over the tangible personal property of a decedent, ward, principal, or settlor:
(a) Has the right to access the property and any digital asset stored in it; and
(b) Is an authorized user for the purpose of computer fraud and unauthorized computer access laws, including under chapter 815.
(6) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
(7) A fiduciary of a user may request a custodian to terminate the user’s account. A request for termination must be in writing, in paper or electronic form, and accompanied by:
(a) If the user is deceased, a certified copy of the death certificate of the user;
(b) A certified copy of the letters of administration; the order authorizing a curator or administrator ad litem; the order of summary administration issued pursuant to chapter 735; or the court order, power of attorney, or trust giving the fiduciary authority over the account; and
(c) If requested by the custodian:
1. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
2. Evidence linking the account to the user; or
3. A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph 1.
History.—s. 15, ch. 2016-46.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 740 - Fiduciary Access to Digital Assets › 740.06 - Custodian Compliance and Immunity.

740.06 Custodian compliance and immunity.—
(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.
(3) A custodian may notify a user that a request for disclosure or to terminate an account was made under this chapter.
(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.
(5) This chapter does not limit a custodian’s ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order that:
(a) Specifies that an account belongs to the ward or principal;
(b) Specifies that there is sufficient consent from the ward or principal to support the requested disclosure; and
(c) Contains a finding required by a law other than this chapter.
(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.
History.—s. 16, ch. 2016-46.