Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 910
       
       
       
       
       
       
                                Ì261132lÎ261132                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/20/2025           .                                
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       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