Florida Statutes 740.03 – Disclosure of other digital assets held in trust when trustee is not the original user
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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
Terms Used In Florida Statutes 740.03
- Account: means an arrangement under a terms-of-service agreement in which the custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See Florida Statutes 740.002
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Catalog of electronic communications: means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See Florida Statutes 740.002
- Court: means a circuit court of this state. See Florida Statutes 740.002
- Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Florida Statutes 740.002
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Florida Statutes 740.002
- Trustee: A person or institution holding and administering property in trust.
- Trustee: means a fiduciary that holds legal title to property under an agreement, declaration, or trust instrument that creates a beneficial interest in the settlor or other persons. See Florida Statutes 740.002
- User: means a person that has an account with a custodian. See Florida Statutes 740.002
(b) Evidence linking the account to the trust.