Florida Senate - 2025                CS for CS for CS for SB 498
       
       
        
       By the Committees on Rules; Banking and Insurance; and
       Judiciary; and Senator Grall
       
       
       
       
       595-03368-25                                           2025498c3
    1                        A bill to be entitled                      
    2         An act relating to trust fund interest for purposes
    3         approved by the Supreme Court; creating s. 655.97,
    4         F.S.; authorizing financial institutions to hold funds
    5         in specified trust accounts to be used for specified
    6         purposes; requiring such financial institutions to pay
    7         a certain minimum interest rate or dividend; requiring
    8         that the interest rate be at least a specified
    9         percentage; requiring a financial institution to
   10         submit a quarterly rate validation sheet and affidavit
   11         to the Chief Financial Officer attesting that it will
   12         pay a minimum certain interest rate or dividend;
   13         requiring that the affidavit attest that certain
   14         information is true and factual; requiring the Chief
   15         Financial Officer to verify certain information;
   16         providing applicability; providing an effective date.
   17  
   18         WHEREAS, in September 1981, the Florida Supreme Court
   19  implemented the nation’s first Interest on Trust Accounts (IOTA)
   20  program, establishing a vital funding source for civil legal
   21  aid, justice system improvements, and public service programs
   22  for law students, and
   23         WHEREAS, Funding Florida Legal Aid (FFLA), formerly known
   24  as The Florida Bar Foundation, and the Florida Bankers
   25  Association have cooperated for decades to sustain the program
   26  and encourage participation, and
   27         WHEREAS, in March 2023, the Florida Supreme Court adopted
   28  new rules requiring lawyers to secure interest rates based on
   29  the Wall Street Journal Prime Rate, compelling banks to pay
   30  higher rates for IOTA accounts than for other similar accounts,
   31  and
   32         WHEREAS, 44 states, the District of Columbia, and Puerto
   33  Rico have mandatory IOTA programs modeled after Florida’s pre
   34  2023 system, while 5 states and the U.S. Virgin Islands operate
   35  voluntary or opt-out programs, and
   36         WHEREAS, the 2023 rule change made Florida an outlier
   37  compared to other jurisdictions where IOTA rates are typically
   38  benchmarked against interest-bearing checking account rates, and
   39         WHEREAS, the Wall Street Journal Prime Rate serves as a
   40  benchmark for lending and is not used to set deposit account
   41  rates, and
   42         WHEREAS, the 2023 rule change resulted in banks paying
   43  higher rates on funds in IOTA accounts, resulting in record
   44  revenues, exceeding $279 million, paid to FFLA during the 2023
   45  2024 fiscal year, nearly four times the prior peak rate and far
   46  exceeding average annual interest revenues, and
   47         WHEREAS, in October 2024, the Florida Supreme Court
   48  authorized FFLA to hold nearly $143 million in reserve, and
   49         WHEREAS, it is in the best interests of this state for the
   50  Legislature to establish statutory benchmarks for IOTA rates to
   51  ensure regulatory safety, fairness, and sustainability, similar
   52  to the quarterly interest rate determinations made by the Chief
   53  Financial Officer for interest paid on court judgments, NOW,
   54  THEREFORE,
   55  Be It Enacted by the Legislature of the State of Florida:
   56  
   57         Section 1. Section 655.97, Florida Statutes, is created to
   58  read:
   59         655.97 Lawyer or law firm trust account interest rates.—
   60         (1)A financial institution may hold funds in an interest
   61  bearing trust account of a lawyer or law firm in which the
   62  institution remits interest or dividends on the balance of the
   63  deposited funds to an entity established by the Supreme Court
   64  for the purpose of providing or facilitating the provision of
   65  free legal services to low-income individuals or for other
   66  purposes authorized by the Supreme Court. If the institution
   67  holds such an account, it must pay at least the highest interest
   68  rate or dividend generally available from the institution to its
   69  comparable business or consumer accounts or nonmaturing deposit
   70  accounts, provided that the trust account meets or exceeds the
   71  same minimum balance or other account requirements. The trust
   72  account interest rate must be at least 0.25 percent if the
   73  Federal Funds Effective Rate is less than 4 percent. The trust
   74  account interest rate must be at least 0.5 percent if the
   75  Federal Funds Effective Rate is 4 percent or greater.
   76         (a)The financial institution must submit a rate validation
   77  sheet and affidavit to the Chief Financial Officer by the 10th
   78  day of each quarter attesting that it will pay at least the same
   79  interest rate or dividend on the lawyer or law firm trust
   80  accounts that it is paying on its comparable business or
   81  consumer accounts or nonmaturing deposit accounts and that the
   82  rate will be at least 0.25 percent if the Federal Funds
   83  Effective Rate is less than 4 percent or at least 0.5 percent if
   84  the Federal Funds Effective Rate is 4 percent or greater.
   85         (b) The affidavit must attest that the rate information
   86  submitted on the rate validation sheet is true and factual.
   87         (c)The Chief Financial Officer shall verify that the rate
   88  validation sheet and affidavit have been received by the
   89  Department of Financial Services.
   90         (2)This section does not apply to interest rates
   91  established by written contract or obligations unrelated to the
   92  trust accounts described by this section.
   93         Section 2. This act shall take effect upon becoming a law.