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
- Will: means an instrument admitted to probate, including a codicil, executed by an individual in the manner prescribed by the Florida Probate Code, which disposes of the individual's property on or after his or her death. 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.