Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 910
Ì261132lÎ261132
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/20/2025 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Military and Veterans Affairs, Space, and
Domestic Security (Collins) recommended the following:
1 Senate Substitute for Amendment (791966) (with title
2 amendment)
3
4 Delete lines 36 - 131
5 and insert:
6 (b) “Provider” means an entity or individual assisting
7 veterans with veterans’ benefits matters.
8 (c) “Veteran” has the same meaning as in s. 1.01(14) and
9 includes eligible peacetime service as defined in s. 296.02.
10 (d) “Veterans’ benefits matter” means the preparation,
11 presentation, or prosecution of a veteran’s claim, or a claim by
12 the veteran’s spouse, dependent child, or any other individual
13 eligible for any benefit, program, service, commodity, function,
14 status, or entitlement under the laws and regulations
15 administered by the Department of Veterans’ Affairs or the
16 United States Department of Veterans Affairs.
17 (2) LIMITS ON COMPENSATION; TERMS OF ENGAGEMENT; WRITTEN
18 DISCLOSURE.—
19 (a) A person may not receive compensation for referring an
20 individual to a provider who will advise, assist, or consult
21 with the individual regarding any veterans’ benefits matter.
22 (b) A provider may receive compensation for services
23 rendered in connection with a claim filed within the 1-year
24 presumptive period after active-duty release as determined by
25 the United States Department of Veterans Affairs only if the
26 veteran acknowledges, by signing a waiver, that he or she is
27 within the presumptive period and is choosing to deny the free
28 services available to him or her.
29 (c) A provider seeking compensation for advising,
30 assisting, or consulting with an individual regarding any
31 veterans’ benefits matter must, before rendering services, enter
32 into a written agreement, signed by both parties, which:
33 1. Memorializes the specific terms under which the
34 compensation will be determined; and
35 2. Provides that compensation for such services is
36 contingent upon securing an increase in benefits awarded as a
37 direct result of such services. Any such compensation may not
38 exceed the lesser of five times the amount of the monthly
39 increase in benefits awarded based on the claim or $12,500, and
40 must be paid out according to the specific terms agreed to by
41 both parties in accordance with subparagraph 1.
42 (d)1. A provider who advises, assists, or consults on
43 veterans’ benefits matters for compensation shall provide the
44 following disclosure, both orally and in writing, before
45 entering into a business relationship with an individual:
46
47 “This business is not sponsored by or affiliated with
48 the Florida Department of Veterans’ Affairs, the
49 United States Department of Veterans Affairs, or any
50 other federally chartered veterans’ service
51 organization. Other organizations, including, but not
52 limited to, the Florida Department of Veterans’
53 Affairs, a local veterans’ service organization, and
54 other federally chartered veterans’ service
55 organizations, may be able to provide you with this
56 service free of charge. Products or services offered
57 by this business are not necessarily endorsed by any
58 of these organizations. You may qualify for other
59 veterans’ benefits beyond the benefits for which you
60 are receiving services here.”
61
62 2. The written disclosure must appear in a font size of at
63 least 12 points in an easily identifiable place in the
64 provider’s agreement with the individual seeking services and
65 must be signed by the individual to signify that he or she
66 understands the oral and written disclosure’s provisions. The
67 provider must retain a copy of the written disclosure while
68 providing veterans’ benefits services to the individual for
69 compensation and for at least 1 year after the date on which the
70 service relations terminate.
71 (e) A provider who advises, assists, or consults on a
72 veterans’ benefits matter may not charge an initial or
73 nonrefundable fee. Any charge for interest on any payment plan
74 agreed to by the parties is prohibited.
75 (3) DEATH OF VETERAN CLAIMANT.—If a veteran claimant dies
76 before a claim is processed:
77 (a) Any expected compensation must be waived and a charge,
78 fee, or debt may not be collected; and
79 (b) Any payment plan for services rendered must be
80 terminated immediately.
81 (4) PROHIBITIONS.—
82 (a) A provider may not guarantee, either directly or by
83 implication, a successful outcome or that an individual is
84 certain to receive specific veterans’ benefits or a specific
85 level, percentage, or amount of veterans’ benefits.
86 (b) A provider who advises, assists, or consults on
87 veterans’ benefits matters for compensation:
88 1. May not use an international call center or data center
89 to process a veteran’s personal information.
90 2. May not use a veteran’s personal log-in, username, or
91 password information to access that veteran’s medical,
92 financial, or government benefits information.
93 (5) BACKGROUND SCREENING.—A provider must successfully
94 complete a level 2 background screening as described in s.
95 435.04 before entering into any agreement with a veteran for
96 veterans’ benefits matters.
97 (6) DOCUMENTATION.—A provider must provide copies of all
98 fully executed documents required by subsection (2) to the
99 veteran being assisted in the veterans’ benefits matters and
100 maintain a copy of all fully executed documents for 6 years and
101 in accordance with the requirements of rule 5-1(f) of the rules
102 regulating The Florida Bar.
103 (7) COMPLAINT.—If an individual to whom a provider provides
104 services under this section in return for compensation files a
105 complaint with the Consumer Protection Division of the Office of
106 the Attorney General, the provider may not receive compensation
107 for any services provided to such an individual before the
108 resolution of the complaint.
109 (8) PENALTIES.—A violation of this section constitutes a
110 violation of the Florida Deceptive and Unfair Trade Practices
111 Act under part II of this chapter. Violators may be subject to
112 penalties provided in that part, including s. 501.2077 for
113 violations against a military servicemember or his or her spouse
114 or dependent child.
115 (9) CONSTRUCTION.—This section may not be construed as
116
117 ================= T I T L E A M E N D M E N T ================
118 And the title is amended as follows:
119 Delete lines 14 - 22
120 and insert:
121 provide a specified oral and written disclosure before
122 entering into a business relationship with a client;
123 prohibiting a provider who advises, assists, or
124 consults on veterans’ benefits matters from charging
125 certain fees; prohibiting the charging of interest on
126 payment plans; providing requirements in the event of
127 the death of a veteran claimant; prohibiting certain
128 guarantees; providing security requirements for the
129 handling of a veteran’s personal and account
130 information; requiring a provider to successfully
131 complete a specified background screening before
132 entering into an agreement with a veteran for
133 veterans’ benefits matters; requiring a provider to
134 provide copies of certain documents to the veteran and
135 maintain a copy of such documents pursuant to
136 specified provisions; prohibiting a person who
137 provides services from receiving compensation before
138 the resolution of a certain complaint if the
139 individual receiving services files such a complaint;
140 providing