Fla. Stat. 740.006
Disclosure of content of electronic communications of deceased user


(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 number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;Evidence linking the account to the user; orA finding by the court that:
The user had a specific account with the custodian, identifiable by information specified in paragraph (a);
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;
Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
Disclosure of the content of electronic communications of the user is reasonably necessary for the administration of the estate.

(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:The user had a specific account with the custodian, identifiable by information specified in paragraph (a);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;Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; orDisclosure of the content of electronic communications of the user is reasonably necessary for the administration of the estate.
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.

Source: Section 740.006 — Disclosure of content of electronic communications of deceased user, https://www.­flsenate.­gov/Laws/Statutes/2024/0740.­006 (accessed Aug. 7, 2025).

Current through Fall 2025

§ 740.006. Disclosure of content of electronic communications of deceased user's source at flsenate​.gov