Florida Senate - 2025 COMMITTEE AMENDMENT Bill No. SB 498 Ì651292)Î651292 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/12/2025 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Grall) recommended the following: 1 Senate Substitute for Amendment (263874) (with title 2 amendment) 3 4 Delete everything after the enacting clause 5 and insert: 6 Section 1. Section 655.97, Florida Statutes, is created to 7 read: 8 655.97 Lawyer or law firm trust account interest rates.— 9 (1) A financial institution may hold funds in an interest 10 bearing trust account of a lawyer or law firm in which the 11 institution remits interest or dividends on the balance of the 12 deposited funds to an entity established by the Supreme Court 13 for the purpose of providing or facilitating the provision of 14 free legal services to low-income individuals or other purposes 15 authorized by the Supreme Court. If the institution holds such 16 an account, it must quarterly select one of the two interest 17 rate alternatives to determine the interest it will pay to the 18 entity established by the Supreme Court: 19 (a) The first interest rate alternative must be set at the 20 highest interest rate or dividend generally available from the 21 institution to its comparable business or consumer accounts or 22 nonmaturing deposit accounts, provided that the trust account 23 meets or exceeds the same minimum balance or other account 24 requirements. 25 1. If a financial institution chooses to pay the rate 26 alternative provided in this paragraph, it must submit a rate 27 validation sheet and affidavit to the Chief Financial Officer by 28 the tenth day of each quarter attesting that it will pay at 29 least the same interest on the lawyer or law firm trust accounts 30 that it is paying on its comparable business or consumer 31 accounts or nonmaturing deposit accounts. 32 2. The affidavit must attest that the rate information 33 submitted on the rate validation sheet is true and factual. 34 3. The Chief Financial Officer shall verify that the rate 35 validation sheet and affidavit have been received by the 36 Department of Financial Services. 37 (b) The second interest rate alternative must be set at 25 38 percent of the federal funds target rate determined by the 39 Federal Open Market Committee of the Federal Reserve System or 40 0.25 percent, whichever is higher, net of fees. 41 1. Each December 1, March 1, June 1, and September 1, the 42 Chief Financial Officer shall determine the interest rate of the 43 second interest rate alternative. The rate alternative 44 determined by the Chief Financial Officer is effective on the 45 following January 1, April 1, July 1, and October 1, 46 respectively. 47 2. Within 3 days after determining the interest rate under 48 this paragraph, the Chief Financial Officer shall inform the 49 entity established by the Supreme Court of the determined 50 interest rate for the upcoming quarter. 51 (2) This section does not apply to interest rates 52 established by written contract or obligations unrelated to the 53 trust accounts described by this section. 54 Section 2. This act shall take effect upon becoming a law. 55 56 ================= T I T L E A M E N D M E N T ================ 57 And the title is amended as follows: 58 Delete everything before the enacting clause 59 and insert: 60 A bill to be entitled 61 An act relating to trust fund interest for purposes 62 approved by the Supreme Court; creating s. 655.97, 63 F.S.; establishing two quarterly interest rate 64 alternatives for financial institutions to pay to an 65 entity established by the Supreme Court for the 66 purpose of providing free legal services to low-income 67 individuals and other purposes approved by the Supreme 68 Court; requiring financial institutions to attest that 69 it will pay a certain interest rate; requiring the 70 Chief Financial Officer to set an interest rate; 71 providing applicability; providing an effective date. 72 73 WHEREAS, in September 1981, the Florida Supreme Court 74 implemented the nation’s first Interest on Trust Accounts (IOTA) 75 Program, establishing a vital funding source for civil legal 76 aid, justice system improvements, and public service programs 77 for law students, and 78 WHEREAS, Funding Florida Legal Aid (FFLA), formerly known 79 as The Florida Bar Foundation, and the Florida Bankers 80 Association cooperated for decades to sustain the program and 81 encourage participation, and 82 WHEREAS, in March 2023, the Florida Supreme Court adopted 83 new rules requiring lawyers to secure interest rates based on 84 the Wall Street Journal Prime Rate, compelling banks to pay 85 higher rates for IOTA accounts than for similar accounts, and 86 WHEREAS, 44 states, the District of Columbia, and Puerto 87 Rico have mandatory IOTA programs modeled after Florida’s pre 88 2023 system, while 5 states and the U.S. Virgin Islands operate 89 voluntary or opt-out programs, and 90 WHEREAS, the 2023 rule change made Florida an outlier 91 compared to other jurisdictions where IOTA rates are typically 92 benchmarked against interest-bearing checking account rates, and 93 WHEREAS, the Wall Street Journal Prime Rate serves as a 94 benchmark for lending and is not used to set deposit account 95 rates, and 96 WHEREAS, the 2023 rule change resulted in banks paying 97 higher rates on funds in IOTA accounts, resulting in record 98 revenues, exceeding $279 million, paid to FFLA during the 2023 99 2024 fiscal year, nearly four times the prior peak rate, and far 100 exceeding average annual interest revenues, and 101 WHEREAS, in October 2024, the Florida Supreme Court 102 authorized FFLA to hold nearly $143 million in reserve, and 103 WHEREAS, it is in the best interests of this state for the 104 Legislature to establish statutory benchmarks for IOTA rates to 105 ensure regulatory safety, fairness, and sustainability, similar 106 to the quarterly interest rate determinations made by the Chief 107 Financial Officer for interest paid on court judgments, NOW, 108 THEREFORE,