SECTION 740.006. Disclosure of content of electronic communications of deceased user.
Latest version.
1If a deceased user consented to or a court directs the disclosure of the content of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives to the custodian:
56(1) 57A written request for disclosure which is in physical or electronic form;
69(2) 70A certified copy of the death certificate of the user;
80(3) 81A 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;
112(4) 113Unless 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
148(5) 149If requested by the custodian:
154(a) 155A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
175(b) 176Evidence linking the account to the user; or
184(c) 185A finding by the court that:
1911. 192The user had a specific account with the custodian, identifiable by information specified in paragraph (a);
2082. 209Disclosure 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;
2363. 237Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
2584. 259Disclosure of the content of electronic communications of the user is reasonably necessary for the administration of the estate.
