Florida Senate - 2026                             CS for SB 1568
       
       
        
       By the Committee on Banking and Insurance; and Senator DiCeglie
       
       
       
       
       
       597-02501-26                                          20261568c1
    1                        A bill to be entitled                      
    2         An act relating to the Florida Stablecoin Pilot
    3         Program; creating s. 17.72, F.S.; establishing the
    4         Florida Stablecoin Pilot Program within the Department
    5         of Financial Services; providing legislative intent;
    6         defining terms; authorizing the department to engage
    7         in certain activities; authorizing the department to
    8         designate one or more payment stablecoins for certain
    9         activities; requiring that certain payment stablecoins
   10         meet specified criteria; authorizing the department to
   11         accept payment stablecoins; authorizing program
   12         participants to elect to voluntarily participate in
   13         the program and remit payment stablecoins to a
   14         compatible digital wallet address; requiring certain
   15         participants to provide the department with a
   16         compatible digital wallet address; requiring the
   17         department to comply with certain requirements;
   18         requiring the department to provide a compatible
   19         digital wallet address for a specified purpose;
   20         authorizing the department to conduct examinations,
   21         audits, and investigations of permitted payment
   22         stablecoin issuers; requiring the department to
   23         coordinate with the Office of Financial Regulation
   24         under certain circumstances; requiring the department
   25         to monitor and evaluate the pilot program and collect
   26         certain data; requiring the department to submit an
   27         annual report containing certain information to the
   28         Governor and the Legislature, beginning on a specified
   29         date and annually thereafter; providing construction;
   30         authorizing the department to adopt rules; providing
   31         an effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Section 17.72, Florida Statutes, is created to
   36  read:
   37         17.72 Florida Stablecoin Pilot Program.—There is
   38  established within the Department of Financial Services the
   39  Florida Stablecoin Pilot Program. It is the intent of the
   40  Legislature that the Florida Stablecoin Pilot Program yield
   41  benefits from the acceptance of payment stablecoins as a form of
   42  payment for governmental fees through this voluntary pilot
   43  program.
   44         (1) DEFINITIONS.—As used in this section, the term:
   45         (a) “Blockchain” means a mathematically secured,
   46  chronological, decentralized, distributed, and digital ledger or
   47  database that consists of records of transactions that cannot be
   48  altered retroactively.
   49         (b)“Compatible digital wallet address” means the address
   50  of a software application that securely stores private keys for
   51  accessing and completing transactions with payment stablecoins.
   52         (c) “Digital asset” means any digital representation of
   53  value that is recorded on a cryptographically secured digital
   54  ledger.
   55         (d)“Exchange platform” means a company licensed and
   56  regulated by the federal or a state government which provides
   57  trading, custody, or money transmission services of payment
   58  stablecoins or other digital assets.
   59         (e) “Federal qualified payment stablecoin issuer” means any
   60  of the following:
   61         1. A nonbank entity, other than a state qualified payment
   62  stablecoin issuer, approved by the Office of the Comptroller of
   63  the Currency to issue payment stablecoins.
   64         2. An uninsured national bank that is chartered by the
   65  Office of the Comptroller of the Currency pursuant to title LXII
   66  of the Revised Statutes and is approved to issue payment
   67  stablecoins. As used in this subsection, the term “national
   68  bank” has the same meaning as in the GENIUS Act, Pub. L. No.
   69  119-27.
   70         3. A Federal branch that is approved by the Office of the
   71  Comptroller of the Currency to issue payment stablecoins. For
   72  purposes of this subparagraph, the term “Federal branch” has the
   73  same meaning as in section 3 of the Federal Deposit Insurance
   74  Act, 12 U.S.C. s. 1813.
   75         (f) “Network fee” means the cost paid by a user to have a
   76  transaction processed and confirmed on a blockchain network.
   77         (g)1. “Payment stablecoin” means a digital asset that meets
   78  all of the following requirements:
   79         a.Is, or is designed to be, used as a means of payment or
   80  settlement.
   81         b. The issuer of which:
   82         (I) Is obligated to convert, redeem, or repurchase the
   83  digital asset for a fixed amount of monetary value, not
   84  including a digital asset denominated in a fixed amount of
   85  monetary value.
   86         (II) Represents that such issuer will maintain, or create
   87  the reasonable expectation that it will maintain, a stable value
   88  relative to the value of a fixed amount of monetary value.
   89         2.The term does not include a digital asset that is any of
   90  the following:
   91         a. A national currency.
   92         b. A deposit as defined in section 3 of the Federal Deposit
   93  Insurance Act, 12 U.S.C. s. 1813, including a deposit recorded
   94  using distributed ledger technology. For purposes of this
   95  subparagraph, the term “distributed ledger” has the same meaning
   96  as in the GENIUS Act, Pub. L. No. 119-27.
   97         c. A security, as defined in s. 517.021, section 2 of the
   98  Securities Act of 1933, 15 U.S.C. s. 77b, section 3 of the
   99  Securities and Exchange Act of 1934, 15 U.S.C. s. 78c, or
  100  section 2 of the Investment Company Act of 1940, 15 U.S.C. s.
  101  80a-2.
  102         (h)“Permitted payment stablecoin issuer” means a person
  103  formed in the United States which is one of the following:
  104         1.A subsidiary of an insured depository institution that
  105  has been approved to issue payment stablecoins under the GENIUS
  106  Act, Pub. L. No. 119-27. For purposes of this subparagraph, the
  107  term “insured depository institution” has the same meaning as in
  108  the GENIUS Act, Pub. L. No. 119-27.
  109         2. A federal qualified payment stablecoin issuer.
  110         3. A state qualified payment stablecoin issuer.
  111         (i)“State qualified payment stablecoin issuer” means an
  112  entity legally established under the laws of a state and
  113  approved by the Office of Financial Regulation to issue payment
  114  stablecoins.
  115         (2)PROGRAM PARTICIPATION.—
  116         (a) The department may engage in any of the following
  117  activities that meet the requirements of this section:
  118         1. Accept payment stablecoin for the payment of authorized
  119  fees as provided in paragraph (c).
  120         2.Issue refunds, reimbursements, or other similar
  121  disbursements in the form of payment stablecoins to any
  122  participant who elects to receive a payment in such form. The
  123  department may purchase payment stablecoins in an amount that is
  124  necessary to support such activity.
  125         3. Hold payment stablecoin. If such payment stablecoin does
  126  not earn any interest or yields, the department may hold payment
  127  stablecoin only in the amount that is estimated to be required
  128  to issue refunds, reimbursements, or other similar disbursements
  129  during a revolving 30-day period. Any direct or indirect yields
  130  earned with respect to payment stablecoins shall be credited to
  131  the benefit of the state.
  132         (b) The department may designate one or more payment
  133  stablecoins for activities authorized in paragraph (a). Any
  134  payment stablecoin that is accepted, purchased, held, or
  135  disbursed by the department pursuant to this section must meet
  136  all of the following criteria:
  137         1. Have an average market capitalization of at least $1
  138  billion during the preceding 12-month period.
  139         2. Be fully backed by reserve assets on a one-to-one basis
  140  limited to United States currency, demand deposits at insured
  141  depository institutions, United States Treasury bills having a
  142  remaining maturity of 90 days or less, or reverse repurchase
  143  agreements collateralized by such Treasury bills.
  144         3.Be redeemable at all times at a one-to-one ratio for
  145  United States dollars through the permitted payment stablecoin
  146  issuer or its agent.
  147         4.Be minted by a permitted payment stablecoin issuer.
  148         5. Be purchased by the department directly from a permitted
  149  payment stablecoin issuer through a blockchain network or
  150  indirectly through an exchange platform, or received by the
  151  department from a program participant.
  152         6.If network fees or exchange platform fees are paid by
  153  the department, be subject to reasonable network fees or
  154  exchange platform fees, including, but not limited to
  155  purchasing, selling, transacting, converting, withdrawing,
  156  payment processing, or gas fees, which are consistent with
  157  industry standards. Such fees must not exceed the fees that
  158  would be charged to the department if payment were accepted by
  159  credit card or wire transfer.
  160         7.Except as otherwise provided in this section, be issued
  161  by an issuer that meets any additional criteria for a permitted
  162  payment stablecoin issuer under any applicable federal or state
  163  law including, but not limited to, the GENIUS Act, Pub. L. No.
  164  119-27.
  165         (c) The department may accept payment stablecoins as a form
  166  of payment for fees that include, but are not limited to,
  167  licensing fees, registration fees, certification fees,
  168  assessment fees, application fees, renewal fees, other
  169  regulatory fees administered by the department, or any other fee
  170  owed to the department.
  171         (d)An applicant, a licensee, or other program participant
  172  may elect to voluntarily participate in the pilot program and
  173  remit payment stablecoins to a compatible digital wallet address
  174  designated by the department as a valid form of payment for any
  175  fee authorized in paragraph (c).
  176         (e)A participant that elects to receive from the
  177  department a refund, reimbursement, or other similar
  178  disbursement in the form of payment stablecoin must provide the
  179  department with a compatible digital wallet address where such
  180  payment may be sent.
  181         (3)DEPARTMENT DUTIES.—
  182         (a) The department must comply with all of the following
  183  requirements:
  184         1.Ensure that any payment stablecoin issuer designated for
  185  use in the pilot program is a permitted payment stablecoin
  186  issuer.
  187         2. Provide a compatible digital wallet address to any
  188  participant that elects to participate in the voluntary pilot
  189  program for the payment of any fees authorized in paragraph
  190  (2)(c) to be paid in the form of payment stablecoins.
  191         3.Within a reasonable time after receiving a payment
  192  stablecoin from any program participant, convert the payment
  193  stablecoin into United States currency and credit the applicable
  194  account where the funds would be held in a qualified public
  195  depository in the same manner as a payment made by any other
  196  authorized means. The department is required to attempt to
  197  minimize the amount of potential fees when determining the date
  198  and time to convert the payment stablecoin.
  199         (b) The department may conduct examinations, audits, or
  200  investigations of a permitted payment stablecoin issuer of a
  201  payment stablecoin designated for use in the pilot program to
  202  verify asset backing, redeemability, and adherence to consumer
  203  protection standards, including standards related to fraud
  204  prevention and dispute resolution. To the extent that the
  205  department intends to engage in such conduct as to a state
  206  qualified payment stablecoin issuer, the department must
  207  coordinate with the Office of Financial Regulation to avoid
  208  duplicated efforts and to efficiently regulate such issuer.
  209         (4) REPORTING.—
  210         (a) The department shall monitor and evaluate the pilot
  211  program and collect data on transaction volume, cost savings,
  212  security incidents, regulatory compliance, and economic impacts,
  213  as well as any instances of fraud or disputes.
  214         (b) Beginning February 1, 2027, and annually thereafter,
  215  the department must submit a report to the Governor, the
  216  President of the Senate, and the Speaker of the House of
  217  Representatives which must include all of the following:
  218         1. A summary of the data collected pursuant to paragraph
  219  (a).
  220         2. Any findings the department makes with respect to the
  221  pilot program which include, but are not limited to, findings
  222  regarding any trends or patterns relating to financial matters,
  223  such as fiscal impacts, or nonfinancial matters, such as
  224  utilization analysis.
  225         3. Any recommendations for expansion or termination of the
  226  pilot program.
  227         4. Any proposed statutory changes, if appropriate.
  228         (5)CONSTRUCTION.—This section:
  229         (a) Does not alter or supersede any existing statutory fee
  230  obligations, licensing requirements, or enforcement authority of
  231  the department.
  232         (b) Authorizes the acceptance of payment stablecoins as an
  233  optional payment method and does not require or authorize the
  234  acceptance of any other digital asset.
  235         (c) May not be construed to relieve the Chief Financial
  236  Officer or the department of any obligation to secure public
  237  funds, including any payment stablecoins, in a qualified public
  238  depository unless an exemption applies pursuant to s. 280.03.
  239         (6)RULEMAKING.—The department may adopt rules to implement
  240  this section.
  241         Section 2. This act shall take effect upon becoming a law.