711.10(5)(a) (a) Specifies that an account belongs to the protected person or principal.

711.10(5)(b) (b) Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure.

711.10(5)(c) (c) Contains any findings required by law other than this chapter.

711.10(6) (6) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.

711.10 History History: 2015 a. 300.

711.11 711.11 Terms of service agreement.

711.11(1) (1) This chapter does not change or impair the rights of a custodian or a user under a terms of service agreement to access and use digital property of the user.

711.11(2) (2) This chapter does not give a fiduciary or designated recipient rights other than the rights held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.

711.11(3) (3) A fiduciary’s or designated recipient’s access to digital property may be modified or eliminated by any of the following:

711.11(3)(a) (a) The user.

711.11(3)(b) (b) Federal law.

711.11(3)(c) (c) A terms of service agreement if the user has not provided direction under s. 711.04.

711.11 History History: 2015 a. 300.

711.12 711.12 Fiduciary duty and authority.

711.12(1) (1) The legal duties imposed on a fiduciary with the authority to manage tangible property apply to a fiduciary’s management of digital property.

711.12(2) (2) 

711.12(2)(a) (a) A fiduciary’s or designated recipient’s authority with respect to a user’s digital property may not be used to impersonate the user and is subject to all of the following:

711.12(2)(a)1. 1. Except as otherwise provided in s. 711.04, the applicable terms of service.

711.12(2)(a)2. 2. Other applicable law, including copyright law.

711.12(2)(b) (b) A fiduciary’s authority is limited by the scope of the fiduciary’s duties.

711.12(3) (3) A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access any digital property in which the decedent, protected person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms of service agreement.

711.12(4) (4) A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of the digital property of the decedent, protected person, principal, or settlor for the purpose of applicable computer fraud and unauthorized computer access laws, including s. 943.70.

711.12(5) (5) 

711.12(5)(a) (a) A fiduciary with authority over the tangible personal property of a decedent, protected person, principal, or settlor has the right to access the tangible personal property and any digital property stored in the tangible personal property.

711.12(5)(b) (b) A fiduciary with authority over the tangible personal property of a decedent, protected person, principal, or settlor is an authorized user of digital property stored in the tangible personal property for the purpose of computer fraud and unauthorized computer access laws, including s. 943.70.

711.12(6) (6) A custodian may disclose information in a user’s account to a fiduciary of the user when the information is required to terminate an account used to access digital property licensed to the user.

711.12(7) (7) A fiduciary of a user may request a custodian to terminate the user’s account. A request for termination must be in writing, in either physical or electronic form, and accompanied by all of the following:

711.12(7)(a) (a) If the user is deceased, a certified copy of the death record of the user.

711.12(7)(b) (b) Any of the following that grants the fiduciary authority over the user’s account: