Florida 2025 2025 Regular Session

Florida House Bill H0043 Introduced / Bill

Filed 12/10/2024

                       
 
HB 43   	2025 
 
 
 
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A bill to be entitled 1 
An act relating to reusable tenant screening reports; 2 
creating s. 83.471, F.S.; providing definitions; 3 
authorizing a landlord to accept reusable tenant 4 
screening reports and require a specified statement; 5 
requiring that certain information be included in 6 
reusable tenant screening reports; prohibiting a 7 
landlord from charging certain fees to an applicant 8 
using a reusable tenant screening report; providing 9 
applicability; providing an effective date. 10 
 11 
Be It Enacted by the Legislature of the State of Florida: 12 
 13 
 Section 1.  Section 83.471, Florida Statutes, is created to 14 
read: 15 
 83.471  Reusable tenant screening reports. — 16 
 (1)  As used in this section, the term: 17 
 (a)1.  "Consumer report" means any written, oral, or other 18 
communication of information by a consumer reporting agency 19 
bearing on a consumer's credit worthiness, credit standing, 20 
credit capacity, character, general reputation, personal 21 
characteristics, or m ode of living which is used or expected to 22 
be used or collected in whole or in part for the purpose of 23 
serving as a factor in establishing the consumer's eligibility 24 
for credit or insurance to be used primarily for personal, 25     
 
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family, or household purposes; employment purposes; or any other 26 
purpose authorized under 15 U.S.C. s. 1681b. 27 
 2.  Except for the restrictions provided in 15 U.S.C. s. 28 
1681a(d)(3), the term "consumer report" does not include: 29 
 a.  Subject to 15 U.S.C. s. 1681s -3, any report containing 30 
information solely as to transactions or experiences between the 31 
consumer and the person making the report; communication of such 32 
information among persons related by common ownership or 33 
affiliated by corporate control; or communication of other 34 
information among persons related by common ownership or 35 
affiliated by corporate control, if it is clearly and 36 
conspicuously disclosed to the consumer that the information may 37 
be communicated among such persons and the consumer is given the 38 
opportunity, before the ti me that the information is initially 39 
communicated, to direct that such information not be 40 
communicated among such persons; 41 
 b.  Any authorization or approval of a specific extension 42 
of credit directly or indirectly by the issuer of a credit card 43 
or similar device; 44 
 c.  Any report in which a person who has been requested by 45 
a third party to make a specific extension of credit directly or 46 
indirectly to a consumer conveys his or her decision with 47 
respect to such request, if the third party advises the consumer 48 
of the name and address of the person to whom the request was 49 
made, and such person makes the disclosures to the consumer 50     
 
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required under 15 U.S.C. s. 1681m; or 51 
 d.  A communication described in 15 U.S.C. s. 1681a(o) or 52 
s. 1681a(x). 53 
 (b)  "Consumer reporti ng agency" means any person who, for 54 
monetary fees, dues, or on a cooperative nonprofit basis, 55 
regularly engages in whole or in part in the practice of 56 
assembling or evaluating consumer credit information or other 57 
information on consumers for the purpose o f furnishing consumer 58 
reports to third parties, and which uses any means or facility 59 
of interstate commerce for the purpose of preparing or 60 
furnishing consumer reports. 61 
 (c)  "Reusable tenant screening report" means a consumer 62 
report that: 63 
 1.  Is prepared within the previous 30 days by a consumer 64 
reporting agency at the request and expense of an applicant. 65 
 2.  Is made directly available to a landlord for use in the 66 
rental application process or is provided through a third -party 67 
website that regularly engages in the business of providing a 68 
reusable tenant screening report and complies with all state and 69 
federal laws pertaining to use and disclosure of information 70 
contained in a consumer report by a consumer reporting agency. 71 
 3.  Is available to the lan dlord at no cost to access or 72 
use. 73 
 (2)  A landlord may accept reusable tenant screening 74 
reports and may require an applicant to state that there has not 75     
 
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been a material change to the information in the reusable tenant 76 
screening report. 77 
 (3)  A reusable tenant screening report must include all of 78 
the following information: 79 
 (a)  The applicant's full name. 80 
 (b)  The applicant's contact information, including mailing 81 
address, e-mail address, and telephone number. 82 
 (c)  Verification of the applicant's employme nt. 83 
 (d)  The applicant's last known address. 84 
 (e)  The results of an eviction history check in a manner 85 
and for a period of time consistent with applicable law related 86 
to the consideration of eviction history in housing. 87 
 (f)  The date through which the i nformation contained in 88 
the report is current. 89 
 (4)  If an applicant provides a reusable tenant screening 90 
report to a landlord who accepts such reports, the landlord may 91 
not charge the applicant a fee to access the report or an 92 
application screening fee. 93 
 (5)  This section does not: 94 
 (a)  Affect any other applicable law related to the 95 
consideration of criminal history information in housing, 96 
including, but not limited to, local ordinances governing the 97 
information that landlords may review and consider when 98 
determining to whom they will rent; or 99 
 (b)  Require a landlord to accept reusable tenant screening 100     
 
HB 43   	2025 
 
 
 
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reports. 101 
 (6)  If an ordinance, a resolution, a regulation, a rule, 102 
an administrative action, an initiative, or other policy adopted 103 
by a municipality or c ounty conflicts with this section, the 104 
policy that provides greater protections to applicants applies. 105 
 Section 2.  This act shall take effect July 1, 2025. 106