Florida Statutes § 740.008

Disclosure of content of electronic communications of principal

2026 Florida Statutes.

Amended 2026 Florida StatutesSee what changed

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. (1)
    A written request for disclosure which is in physical or electronic form;
  2. (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. (3)
    A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
  4. (4)
    If requested by the custodian:
    1. (a)
      A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or
    2. (b)
      Evidence linking the account to the principal.

History

History.—s. 9, ch. 2016-46.