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