HB 567

1
A bill to be entitled
2An act relating to judgment interest; amending s. 55.03,
3F.S.; requiring quarterly adjustments to the rate of
4interest payable on judgments; revising the calculation of
5the interest rate; amending s. 717.1341, F.S.; conforming
6provisions to changes made by the act; providing an
7effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Subsection (1) of section 55.03, Florida
12Statutes, is amended to read:
13     55.03  Judgments; rate of interest, generally.-
14     (1)  On December 1 of each year, the Chief Financial
15Officer shall set the rate of interest that shall be payable on
16judgments or decrees for the year beginning January 1 and adjust
17the rate quarterly on April 1, July 1, and October 1 by
18averaging the discount rate of the Federal Reserve Bank of New
19York for the preceding 12 months year, then adding 300 500 basis
20points to the averaged federal discount rate. The Chief
21Financial Officer shall inform the clerk of the courts and chief
22judge for each judicial circuit of the rate that has been
23established for the upcoming year. The interest rate established
24by the Chief Financial Officer shall take effect on January 1 of
25each following year. Judgments obtained on or after January 1,
261995, shall use the previous statutory rate for time periods
27before January 1, 1995, for which interest is due and shall
28apply the rate set by the Chief Financial Officer for time
29periods after January 1, 1995, for which interest is due.
30Nothing contained herein shall affect a rate of interest
31established by written contract or obligation.
32     Section 2.  Subsection (1) of section 717.1341, Florida
33Statutes, is amended to read:
34     717.1341  Invalid claims, recovery of property, interest
35and penalties.-
36     (1)(a)  No person shall receive unclaimed property that the
37person is not entitled to receive. Any person who receives, or
38assists another person to receive, unclaimed property that the
39person is not entitled to receive is strictly, jointly,
40personally, and severally liable for the unclaimed property and
41shall immediately return the property, or the reasonable value
42of the property if the property has been damaged or disposed of,
43to the department plus interest at the rate set annually in
44accordance with s. 55.03(1). Assisting another person to receive
45unclaimed property includes executing a claim form on the
46person's behalf.
47     (b)1.  In the case of stocks or bonds which have been sold,
48the proceeds from the sale shall be returned to the department
49plus any dividends or interest received thereon plus an amount
50equal to the brokerage fee plus interest at a rate set annually
51in accordance with s. 55.03(1) on the proceeds from the sale of
52the stocks or bonds, the dividends or interest received, and the
53brokerage fee.
54     2.  In the case of stocks or bonds which have not been
55sold, the stocks or bonds and any dividends or interest received
56thereon shall be returned to the department, together with
57interest on the dividends or interest received, at a rate set
58annually in accordance with s. 55.03(1) of the value of the
59property.
60     Section 3.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.