The "Florida Earned Wage Access Services Act" establishes a regulatory framework for earned wage access services in Florida, introducing new definitions for terms such as "provider," "consumer," and "earned but unpaid income." The bill requires providers to register with the Financial Services Commission, detailing the registration process and the conditions under which a registration certificate may be denied, not renewed, or revoked. It also mandates that providers develop consumer complaint procedures, disclose all associated fees, and allow consumers to cancel services without incurring fees. Additionally, the bill prohibits providers from sharing fees with employers and from requiring credit reports for service eligibility.

House Bill 1391 further regulates the solicitation and handling of voluntary tips, gratuities, or donations from consumers, prohibiting late fees and misleading practices regarding the voluntary nature of payments. It clarifies that fees paid to providers are not classified as interest or finance charges, ensuring these services are not considered loans or money transmission. The bill outlines administrative penalties for non-compliance, allowing the Financial Services Commission to impose fines or suspend provider certificates. It mandates the adoption of registration rules by January 1, 2026, and allows existing providers to continue operating without registration until July 1, 2026, provided they have submitted an application. The act is set to take effect on January 1, 2026, with some provisions effective immediately upon passage.