Florida Senate - 2026                      CS for CS for SB 1568
       
       
        
       By the Appropriations Committee on Agriculture, Environment, and
       General Government; the Committee on Banking and Insurance; and
       Senator DiCeglie
       
       
       
       601-02966-26                                          20261568c2
    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 one or more of the
  117  following activities with any payment stablecoins that are
  118  designated by the department pursuant to paragraph (b) and that
  119  meet the requirements of this section:
  120         1. Accept payment stablecoins for the payment of authorized
  121  fees as provided in paragraph (c).
  122         2.Issue refunds, reimbursements, or other similar
  123  disbursements in the form of payment stablecoins to any
  124  participant who elects to receive a payment in such form. The
  125  department may purchase payment stablecoins in an amount that is
  126  necessary to support such activity.
  127         3. Hold payment stablecoins. If a payment stablecoin held
  128  by the department does not earn interest or yields, the
  129  department may hold such payment stablecoin only in the amount
  130  that is estimated to be required to issue refunds,
  131  reimbursements, or other similar disbursements during a
  132  revolving 30-day period. Any direct or indirect yields earned
  133  with respect to payment stablecoins shall be credited to the
  134  benefit of the state.
  135         (b) The department may designate one or more payment
  136  stablecoins for the activities authorized in paragraph (a). Any
  137  payment stablecoin that is accepted, purchased, held, or
  138  disbursed by the department pursuant to this section must meet
  139  all of the following criteria:
  140         1. Have an average market capitalization of at least $1
  141  billion during the preceding 12-month period.
  142         2. Be fully backed by reserve assets on a one-to-one basis
  143  limited to United States currency, demand deposits at insured
  144  depository institutions, United States Treasury bills having a
  145  remaining maturity of 93 days or less, or reverse repurchase
  146  agreements collateralized by such Treasury bills.
  147         3.Be redeemable at all times at a one-to-one ratio for
  148  United States dollars through the permitted payment stablecoin
  149  issuer or its agent.
  150         4.Be issued by a permitted payment stablecoin issuer.
  151         5. Be purchased by the department directly from a permitted
  152  payment stablecoin issuer through a blockchain network or
  153  indirectly through an exchange platform, or received by the
  154  department from a program participant.
  155         6.If network fees or exchange platform fees are paid by
  156  the department, be subject to reasonable network fees or
  157  exchange platform fees, including, but not limited to,
  158  purchasing, selling, transacting, converting, withdrawing,
  159  payment processing, or gas fees, which are consistent with
  160  industry standards. Such fees must not exceed the fees that
  161  would be charged to the department if payment were accepted by
  162  similar mediums of exchange.
  163         7.Except as otherwise provided in this section, be issued
  164  by an issuer that meets any additional criteria for a permitted
  165  payment stablecoin issuer under any applicable federal or state
  166  law including, but not limited to, the GENIUS Act, Pub. L. No.
  167  119-27.
  168         (c) The department may accept payment stablecoins as a form
  169  of payment for fees that include, but are not limited to,
  170  licensing fees, registration fees, certification fees,
  171  assessment fees, application fees, renewal fees, other
  172  regulatory fees administered by the department, or any other fee
  173  owed to the department.
  174         (d)An applicant, a licensee, or other program participant
  175  may elect to voluntarily participate in the pilot program and
  176  remit payment stablecoins to a compatible digital wallet address
  177  designated by the department as a valid form of payment for any
  178  fee authorized in paragraph (c).
  179         (e)A participant that elects to receive from the
  180  department a refund, reimbursement, or other similar
  181  disbursement in the form of payment stablecoin must provide the
  182  department with a compatible digital wallet address where such
  183  payment may be sent.
  184         (3)DEPARTMENT DUTIES.—
  185         (a) To the extent the department decides to engage in any
  186  of the activities authorized under paragraph (2)(a), the
  187  department must comply with all of the following requirements,
  188  as applicable:
  189         1.Ensure that any payment stablecoin issuer designated for
  190  use in the pilot program is a permitted payment stablecoin
  191  issuer. If the Federal Government has not approved any federal
  192  qualified payment stablecoin issuers, or if the Office of
  193  Financial Regulation has not approved any state qualified
  194  payment stablecoin issuers, the department may not designate a
  195  payment stablecoin for use in the pilot program pursuant to
  196  paragraph (2)(b) or engage in any of the activities authorized
  197  in paragraph (2)(a).
  198         2. Provide a compatible digital wallet address to any
  199  participant that elects to participate in the voluntary pilot
  200  program for the payment of any fees authorized in paragraph
  201  (2)(c) to be paid in the form of payment stablecoins.
  202         3.Within a reasonable time after receiving a payment
  203  stablecoin from any program participant, convert the payment
  204  stablecoin into United States currency and credit the applicable
  205  account where the funds would be held in a qualified public
  206  depository, unless an exception applies pursuant to s. 280.03,
  207  in the same manner as a payment made by any other authorized
  208  means. The department is required to attempt to minimize the
  209  amount of potential fees when determining the date and time to
  210  convert the payment stablecoin.
  211         4. Make the following information available to the public
  212  on the department’s website at least 15 days before the
  213  information, designation, or change of information becomes
  214  effective:
  215         a. The intended or actual start date of the pilot program.
  216         b. An explanation of how the pilot program operates and how
  217  to elect to participate in the pilot program.
  218         c. The designation of any payment stablecoins that meet all
  219  of the requirements in this section, and information about the
  220  process of being selected as a designated payment stablecoin.
  221         d. Whether the department will engage, or is engaging in,
  222  any of the activities authorized in paragraph (2)(a).
  223         e. Whether the department will cease, or has ceased
  224  engaging in, one or more of the activities authorized in
  225  paragraph (2)(a).
  226         (b) The department may conduct examinations, audits, or
  227  investigations of a permitted payment stablecoin issuer of a
  228  payment stablecoin designated for use in the pilot program to
  229  verify asset backing, redeemability, and adherence to consumer
  230  protection standards, including standards related to fraud
  231  prevention and dispute resolution. To the extent that the
  232  department intends to engage in such conduct as to a state
  233  qualified payment stablecoin issuer, the department shall
  234  coordinate with the Office of Financial Regulation to avoid
  235  duplicated efforts and to efficiently regulate such issuer.
  236         (4) REPORTING.—
  237         (a) The department shall monitor and evaluate the pilot
  238  program and collect data on transaction volume, cost savings,
  239  security incidents, regulatory compliance, and economic impacts,
  240  as well as any instances of fraud or disputes.
  241         (b) Beginning February 1, 2027, and annually thereafter,
  242  the department must submit a report to the Governor, the
  243  President of the Senate, and the Speaker of the House of
  244  Representatives which must include all of the following:
  245         1. A summary of the data collected pursuant to paragraph
  246  (a).
  247         2. Any findings the department makes with respect to the
  248  pilot program which include, but are not limited to, findings
  249  regarding any trends or patterns relating to financial matters,
  250  such as fiscal impacts, or nonfinancial matters, such as
  251  utilization analyses.
  252         3. Any recommendations for expansion or termination of the
  253  pilot program.
  254         4. Any proposed statutory changes, if appropriate.
  255         (5)CONSTRUCTION.—This section:
  256         (a) Does not alter or supersede any existing statutory fee
  257  obligations, licensing requirements, or enforcement authority of
  258  the department.
  259         (b) May not be construed to require the department to
  260  implement the pilot program, or to engage in any of the
  261  activities authorized in paragraph (2)(a).
  262         (c) Authorizes the acceptance of payment stablecoins as an
  263  optional payment method and does not require or authorize the
  264  acceptance of any other digital asset.
  265         (d) May not be construed to relieve the Chief Financial
  266  Officer or the department of any obligation to secure public
  267  funds, including any payment stablecoins, in a qualified public
  268  depository unless an exemption applies pursuant to s. 280.03 or,
  269  with respect to payment stablecoins, to hold such stablecoins in
  270  a manner similar to how direct United States Treasury
  271  obligations are held pursuant to s. 17.57(2)(a).
  272         (6)RULEMAKING.—The department may adopt rules to implement
  273  this section.
  274         Section 2. This act shall take effect upon becoming a law.