THE BILL ITSELF
HB 1355
Rent Reporting to Credit Reporting Agencies
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A bill to be entitled
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An act relating to rent reporting to credit reporting
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agencies; creating s. 83.684, F.S.; defining the terms
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"credit reporting agency" and "rent reporting
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service"; authorizing a landlord to report a tenant's
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rent payment history to credit reporting agencies
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under certain circumstances; requiring a tenant to
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provide written consent to participate in rent
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reporting; providing requirements for such consent
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form; authorizing a tenant to opt out of rent
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reporting at any time without penalty; providing
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notice requirements; authorizing a landlord to charge
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a specified fee for providing rent reporting services;
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prohibiting a landlord from taking certain actions;
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authorizing a landlord to stop reporting a tenant's
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rental payments under certain circumstances;
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prohibiting a tenant from participating in rent
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reporting for a specified amount of time under certain
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circumstances; prohibiting a landlord from taking
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retaliatory actions if a tenant refuses, declines, or
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opts out of rent reporting; providing applicability;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 83.684, Florida Statutes, is created to
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read:
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83.684 Rent reporting.—
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(1) As used in this section, the term:
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(a) "Credit reporting agency" means an agency that, for
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monetary fees, dues, or on a cooperative nonprofit basis,
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regularly engages in whole or in part in the practice of
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assembling or evaluating consumer credit information or other
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information on consumers for the purpose of furnishing consumer
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reports to third parties, and that uses any means or facility of
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interstate commerce for the purpose of preparing or furnishing
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consumer reports. The term includes agencies such as Equifax,
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Experian, and TransUnion.
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(b) "Rent reporting service" means a third-party service
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that collects, verifies, and reports rent payment information to
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a credit reporting agency.
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(2) A landlord may report a tenant's rent payment history
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to one or more credit reporting agencies. Rent reporting must be
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conducted through a rent reporting service or the landlord may
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report directly to one or more credit reporting agencies if the
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landlord complies with all applicable state and federal
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regulations.
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(3)(a) A landlord must obtain written consent to report
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rent payments from a tenant when a rental agreement is executed
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or renewed.
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(b) The written consent must clearly outline the potential
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benefits and risks associated with rent reporting, including the
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possibility of negative reporting if rent payments are not made
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on time.
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(c) A tenant must be informed that his or her consent for
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rent reporting is voluntary and that the tenant may opt out of
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rent reporting at any time without penalty by mailing or
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delivering to the landlord a true copy of a written notice to
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opt out.
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(d) A landlord must, in accordance with s. 83.56(4),
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provide a tenant with at least 30 days' written notice if the
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landlord decides to start or stop reporting rent payments.
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(4)(a) If a landlord elects to engage in rent reporting,
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the landlord may require the tenant to pay to the landlord a fee
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for such service. The fee may not exceed the lesser of the
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actual cost to the landlord to provide rent reporting services
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or $10 per month. If the landlord does not incur actual expenses
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relating to rent reporting, the landlord may not charge the
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tenant a fee under this subsection.
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(b) A landlord may not do any of the following:
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1. Report the payment or nonpayment of the fee to a credit
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reporting agency.
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2. Terminate a tenant's rental agreement because the
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tenant did not pay the fee.
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3. Deduct the amount of the fee from the tenant's deposit
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money or rent.
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(c) If the fee is unpaid for 30 days or more, the landlord
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may stop reporting the tenant's rental payments to the credit
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reporting agency or rent reporting service.
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(5) If a tenant opts out of rent reporting or the tenant
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fails to pay a fee for rent reporting services under subsection
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(4), the tenant may not elect to again participate in rent
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reporting for at least 6 months after the date on which the
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landlord received the written request to opt out or the date on
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which the fee under subsection (4) first becomses due.
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(6) A landlord may not terminate a tenant's rental
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agreement, increase a tenant's rent, or engage in any other form
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of retaliation solely because a tenant refuses, declines, or
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opts out of participating in rent reporting.
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(7) This section does not apply to a landlord of a
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residential building that contains 15 or fewer dwelling units
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unless both of the following apply:
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(a) The landlord owns more than one residential building,
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regardless of the number of dwelling units in each building.
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(b) The landlord is:
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1. A real estate investment trust;
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2. A corporation; or
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3. A limited liability company in which at least one
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member is a corporation.
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Section 2. This act shall take effect July 1, 2026.