The decline in federal funding to the Legal Services Corporation in conjunction with Florida's growing number of poor has greatly increased the need for funds generated under the IOTA program. Responses from legal services organizations indicate that resources for legal services for the poor in Florida are less available now than they were in 1981, when the IOTA program was implemented. Recommendations of the Special Commission on Access to the Legal System 8 (May 16, 1985). In 1985, the Special Commission on Access to the Legal System, which was appointed by the Governor, the Chief Justice of this Court, and the President of The Florida Bar, reported the "overwhelming statistics" of the unmet need for legal services within this state. Under the program, the interest generated on trust accounts is used to fund programs which are designed to improve the administration of justice or to expand the delivery of legal services to the poor. Adoption of this innovative program reflected this Court's long-standing commitment to the broad delivery of legal services. In re Interest on Trust Accounts, 402 So. 1979), and delays due to uncertainty as to the appropriate federal income tax treatment *450 of the interest payable to the Florida Bar Foundation, Florida's IOTA program, permitting voluntary participation by lawyers and law firms, became operational in September 1981. After several minor amendments, Matter of Interest on Trust Accounts, 372 So. In re Interest on Trust Accounts, 356 So. In 1978, this Court adopted the nation's first Interest on Trust Accounts Program (IOTA). Pursuant to rule 1-12.1 of the Rules Regulating The Florida Bar, fifty or more active members of The Florida Bar, on behalf of the Florida Bar Foundation, petition the Court to amend rule 5-1.1(d) of the Rules Regulating The Florida Bar to "require that all trust funds earn interest, either for the benefit of the client, or, where impracticable, the IOTA program." McAliley of Beckham, McAliley & Schulz, P.A., Miami, Responding.
Michael Hartenstine of Williams, Parker, Harrison, Dietz and Getzen, Sarasota, Terrence William Ackert, Winter Park, and Thomas W. Taylor, The Ass'n for Retarded Citizens/Florida, Tallahassee, J. Nelson of Southern Legal Counsel, Inc., Gainesville, Brent R. of Kelly, Black, Black, Byrne, Craig & Beasley, Miami, Ben L. Alper of Massey, Alper and Walden, Altamonte Springs, Hugo L. Davidson of Watson & Clark, Fort Lauderdale, Harvey M. Neill of Neill, Griffin, Jeffries and Lloyd, Fort Pierce, Brian C. Counsel, Tallahassee, for The Florida Bar. Harkness, Jr., Executive Director and Paul F. Committee to Review Comprehensive IOTA, Jacksonville, and John F. Liles, President, Jacksonville, Stephen N. Goldstein and Henry George White, Tallahassee, amicus curiae for Florida Legal Services, Inc., Tallahassee. Carlisle of Carlisle & Lecates, Fort Lauderdale, amicus curiae for The Nat. Siegel, Miami, for The Florida Bar Foundation, petitioner. Petrey, Immediate Past President, and Randall C. An IOLTA account is a pooled, interest-bearing demand deposit account used by lawyers to hold client funds.Matter of INTEREST ON TRUST ACCOUNTS: A PETITION TO AMEND the RULES REGULATING THE FLORIDA BAR. "IOLTA" stands for Interest on Lawyer Trust Accounts. What is the Interest on Lawyer Trust Accounts (IOLTA) Program?
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