FL H1391

Creates the "Florida Earned Wage Access Services Act" (Chapter 437, F.S.), requiring providers of earned wage access services—businesses that deliver consumers access to earned but unpaid income before payday—to register with the Financial Services Commission, with biennial certificate renewal.

Providers must offer at least one no-cost option for consumers to obtain proceeds when fees or tips are solicited, clearly disclose all fees before entering agreements, and allow consumers to cancel services at any time without a cancellation fee.

Prohibits providers from charging late fees, interest, or penalties for failure to repay; using credit reports to determine eligibility; reporting consumers to credit agencies or debt collectors for nonpayment; suing consumers or selling debts to third-party collectors for outstanding proceeds.

Earned wage access services complying with the act are explicitly excluded from being classified as loans, credit, or money transmission, and associated fees and voluntary tips are not considered interest or finance charges.

Takes effect January 1, 2026, with the Financial Services Commission required to prescribe registration application forms by that date; providers operating before January 1, 2025, may continue without registration until July 1, 2026, if they submit an application and otherwise comply.