Florida Senate - 2025 COMMITTEE AMENDMENT Bill No. SB 498 Ì263874GÎ263874 LEGISLATIVE ACTION Senate . House Comm: RS . 03/12/2025 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Grall) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 655.97, Florida Statutes, is created to 6 read: 7 655.97 Lawyer or law firm trust account interest rates.— 8 (1) A financial institution may hold funds in an interest 9 bearing trust account of a lawyer or law firm in which the 10 institution remits interest or dividends on the balance of the 11 deposited funds to an entity established by the Supreme Court 12 for the purpose of providing or facilitating the provision of 13 free legal services to low-income individuals or other purposes 14 authorized by the Supreme Court. If the institution holds such 15 an account, it must quarterly select one of the two interest 16 rate alternatives to determine the interest it will pay to the 17 entity established by the Supreme Court: 18 (a) The first interest rate alternative must be set at the 19 highest interest rate or dividend generally available from the 20 institution to its comparable business or consumer accounts or 21 nonmaturing deposit accounts, provided that the trust account 22 meets or exceeds the same minimum balance or other account 23 requirements. 24 1. If a financial institution chooses to pay the rate 25 alternative provided in this paragraph, it must submit a rate 26 validation sheet and affidavit to the Chief Financial Officer by 27 the tenth day of each quarter attesting that it will pay at 28 least the same interest on the lawyer or law firm trust accounts 29 that it is paying on its comparable business or consumer 30 accounts or nonmaturing deposit accounts. 31 2. The affidavit must attest that the rate information 32 submitted on the rate validation sheet is true and factual. 33 3. The Chief Financial Officer shall verify that the rate 34 validation sheet and affidavit have been received by the 35 Department of Financial Services. 36 (b) The second interest rate alternative must be set at 25 37 percent of the federal funds target rate determined by the 38 Federal Open Market Committee of the Federal Reserve System or 39 0.25 percent, whichever is higher, net of fees. 40 1. Each December 1, March 1, June 1, and September 1, the 41 Chief Financial Officer shall determine the interest rate of the 42 second interest rate alternative. The rate alternative 43 determined by the Chief Financial Officer is effective on the 44 following January 1, April 1, July 1, and October 1, 45 respectively. 46 2. Within 3 days after determining the interest rate under 47 this paragraph, the Chief Financial Officer shall inform the 48 entity established by the Supreme Court of the determined 49 interest rate for the upcoming quarter. 50 (2) This section does not apply to interest rates 51 established by written contract or obligations unrelated to IOTA 52 accounts. 53 Section 2. This act shall take effect upon becoming a law. 54 55 ================= T I T L E A M E N D M E N T ================ 56 And the title is amended as follows: 57 Delete everything before the enacting clause 58 and insert: 59 A bill to be entitled 60 An act relating to trust fund interest for purposes 61 approved the Supreme Court; creating s. 655.97, F.S.; 62 establishing two quarterly interest rate alternatives 63 for financial institutions to pay to an entity 64 established by the Supreme Court for the purpose of 65 providing free legal services to low-income 66 individuals and other purposes approved by the Supreme 67 Court; requiring financial institutions to attest that 68 it will pay a certain interest rate; requiring the 69 Chief Financial Officer to set an interest rate; 70 providing applicablity; providing an effective date. 71 72 WHEREAS, in September 1981, the Florida Supreme Court 73 implemented the nation’s first Interest on Trust Accounts (IOTA) 74 Program, establishing a vital funding source for civil legal 75 aid, justice system improvements, and public service programs 76 for law students, and 77 WHEREAS, Funding Florida Legal Aid (FFLA), formerly known 78 as The Florida Bar Foundation, and the Florida Bankers 79 Association cooperated for decades to sustain the program and 80 encourage participation, and 81 WHEREAS, in March 2023, the Florida Supreme Court adopted 82 new rules requiring lawyers to secure interest rates based on 83 the Wall Street Journal Prime Rate, compelling banks to pay 84 higher rates for IOTA accounts than for similar accounts, and 85 WHEREAS, 44 states, the District of Columbia, and Puerto 86 Rico have mandatory IOTA programs modeled after Florida’s pre 87 2023 system, while 5 states and the U.S. Virgin Islands operate 88 voluntary or opt-out programs, and 89 WHEREAS, the 2023 rule change made Florida an outlier 90 compared to other jurisdictions where IOTA rates are typically 91 benchmarked against interest-bearing checking account rates, and 92 WHEREAS, the Wall Street Journal Prime Rate serves as a 93 benchmark for lending and is not used to set deposit account 94 rates, and 95 WHEREAS, the 2023 rule change resulted in banks paying 96 higher rates on funds in IOTA accounts, resulting in record 97 revenues, exceeding $279 million, paid to FFLA during the 2023 98 2024 fiscal year, nearly four times the prior peak rate, and far 99 exceeding average annual interest revenues, and 100 WHEREAS, in October 2024, the Florida Supreme Court 101 authorized FFLA to hold nearly $143 million in reserve, and 102 WHEREAS, it is in the best interests of this state for the 103 Legislature to establish statutory benchmarks for IOTA rates to 104 ensure regulatory safety, fairness, and sustainability, similar 105 to the quarterly interest rate determinations made by the Chief 106 Financial Officer for interest paid on court judgments, NOW, 107 THEREFORE,