Florida Statutes 740.08 – Applicability
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(1) Subject to subsection (3), this chapter applies to:
(a) A fiduciary acting under a will, trust, or power of attorney executed before, on, or after July 1, 2016;
Terms Used In Florida Statutes 740.08
- 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
- Decedent: A deceased person.
- Digital asset: means an electronic record in which an individual has a right or interest. See Florida Statutes 740.002
- Personal representative: means the fiduciary appointed by the court to administer the estate of a deceased individual pursuant to letters of administration or an order appointing a curator or administrator ad litem for the estate. See Florida Statutes 740.002
- User: means a person that has an account with a custodian. See Florida Statutes 740.002
(b) A personal representative acting for a decedent who died before, on, or after July 1, 2016;
(c) A guardian appointed through a guardianship proceeding, whether pending in a court or commenced before, on, or after July 1, 2016; and
(d) A trustee acting under a trust created before, on, or after July 1, 2016.
(2) This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user’s death.
(3) This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business.