Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for SB 910
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/08/2025 .
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The Committee on Rules (Collins) recommended the following:
1 Senate Substitute for Amendment (891766) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Subsection (7) of section 435.02, Florida
7 Statutes, is amended to read:
8 435.02 Definitions.—For the purposes of this chapter, the
9 term:
10 (7) “Specified agency” means the Department of Health, the
11 Department of Children and Families, the Agency for Health Care
12 Administration, the Department of Elderly Affairs, the
13 Department of Juvenile Justice, the Agency for Persons with
14 Disabilities, the Department of Education, the Department of
15 Veterans’ Affairs, each district unit under s. 1001.30, special
16 district units under s. 1011.24, the Florida School for the Deaf
17 and the Blind under s. 1002.36, the Florida Virtual School under
18 s. 1002.37, virtual instruction programs under s. 1002.45,
19 charter schools under s. 1002.33, hope operators under s.
20 1002.333, private schools participating in an educational
21 scholarship program established pursuant to chapter 1002,
22 alternative schools under s. 1008.341, regional workforce boards
23 providing services as defined in s. 445.002(3), and local
24 licensing agencies approved pursuant to s. 402.307, when these
25 agencies are conducting state and national criminal history
26 background screening on persons who work with children or
27 persons who are elderly or disabled.
28 Section 2. Section 501.9741, Florida Statutes, is created
29 to read:
30 501.9741 Assisting in veterans’ benefits matters.—
31 (1) DEFINITIONS.—As used in this section, the term:
32 (a) “Compensation” means payment of any money, thing of
33 value, or economic benefit conferred on or received by a person
34 in return for services rendered or to be rendered.
35 (b) “Provider” means an entity or individual assisting
36 veterans with veterans’ benefits matters.
37 (c) “Veteran” has the same meaning as in s. 1.01(14) and
38 includes eligible peacetime service as defined in s. 296.02.
39 (d) “Veterans’ benefits matter” means the preparation,
40 presentation, or prosecution of a veteran’s claim, or a claim by
41 the veteran’s spouse, dependent child, or any other individual
42 eligible for any benefit, program, service, commodity, function,
43 status, or entitlement under the laws and regulations
44 administered by the Department of Veterans’ Affairs or the
45 United States Department of Veterans Affairs.
46 (2) LIMITS ON COMPENSATION; TERMS OF ENGAGEMENT; WRITTEN
47 DISCLOSURE.—
48 (a) A person may not receive compensation for referring an
49 individual to a provider who will advise, assist, or consult
50 with the individual regarding any veterans’ benefits matter.
51 (b) A provider may receive compensation for services
52 rendered in connection with a claim filed within the 1-year
53 presumptive period after active-duty release as determined by
54 the United States Department of Veterans Affairs only if the
55 veteran acknowledges, by signing a waiver, that he or she is
56 within the presumptive period and is choosing to deny the free
57 services available to him or her.
58 (c) A provider seeking compensation for advising,
59 assisting, or consulting with an individual regarding any
60 veterans’ benefits matter must, before rendering services, enter
61 into a written agreement, signed by both parties, which:
62 1. Memorializes the specific terms under which the
63 compensation will be determined; and
64 2. Provides that compensation for such services is
65 contingent upon securing an increase in benefits awarded as a
66 direct result of such services. Any such compensation may not
67 exceed the lesser of four times the amount of the monthly
68 increase in benefits awarded based on the claim or $12,500, and
69 must be paid out according to the specific terms agreed to by
70 both parties in accordance with subparagraph 1.
71 (d)1. A provider who advises, assists, or consults on
72 veterans’ benefits matters for compensation shall provide the
73 following disclosure, both orally and in writing, before
74 entering into a business relationship with an individual:
75
76 This business is not sponsored by or affiliated with
77 the Florida Department of Veterans’ Affairs, the
78 United States Department of Veterans Affairs, or any
79 other federally chartered veterans’ service
80 organization. Other organizations, including, but not
81 limited to, the Florida Department of Veterans’
82 Affairs, a local veterans’ service organization, and
83 other federally chartered veterans’ service
84 organizations, may be able to provide you with this
85 service free of charge. Products or services offered
86 by this business are not necessarily endorsed by any
87 of these organizations. You may qualify for other
88 veterans’ benefits beyond the benefits for which you
89 are receiving services here.
90
91 2. The written disclosure must appear in a clearly legible
92 font in at least 12-point type immediately above the signature
93 line and must be signed by the individual to signify that he or
94 she understands the oral and written disclosures’ provisions.
95 The provider shall retain a copy of the written disclosure while
96 providing veterans’ benefits services to the individual for
97 compensation and for at least 6 years after the date on which
98 the services provided under the agreement terminate.
99 (e) A provider who advises, assists, or consults on a
100 veterans’ benefits matter may not charge an initial or
101 nonrefundable fee. Any charge for interest on any payment plan
102 agreed to by the parties is prohibited.
103 (3) DEATH OF VETERAN CLAIMANT.—If a veteran claimant dies
104 before a claim is processed:
105 (a) Any expected compensation must be waived and a charge,
106 fee, or debt may not be collected; and
107 (b) Any payment plan for services rendered must be
108 terminated immediately.
109 (4) PROHIBITIONS.—
110 (a) A provider may not guarantee, either directly or by
111 implication, a successful outcome or that an individual is
112 certain to receive specific veterans’ benefits or a specific
113 level, percentage, or amount of veterans’ benefits.
114 (b) A provider who advises, assists, or consults on
115 veterans’ benefits matters for compensation:
116 1. May not use an international call center or data center
117 to directly solicit a veteran to enter into a business
118 relationship with the provider or process a veteran’s personal
119 information.
120 2. May not use a veteran’s personal log-in, username, or
121 password information to access that veteran’s medical,
122 financial, or government benefits information.
123 3. May not employ a medical provider to conduct a secondary
124 medical examination of the veteran.
125 (5) BACKGROUND SCREENING.—A provider must ensure that all
126 individuals who directly assist a veteran in a veterans’
127 benefits matter complete a level 2 background screening that
128 screens for any offenses identified in ss. 408.809(4) or
129 435.04(2)(d), (e), or (oo) or (4) before entering into any
130 agreement with a veteran for veterans’ benefits matters. An
131 individual must submit a full set of fingerprints to the
132 Department of Law Enforcement or to a vendor, entity, or agency
133 authorized by s. 943.053(13), which shall forward the
134 fingerprints to the Department of Law Enforcement for state
135 processing. The Department of Veterans’ Affairs shall transmit
136 the background screening results to the provider, which results
137 must indicate whether an individual’s background screening
138 contains any of the offenses listed in this subsection. Fees for
139 state and federal fingerprint processing must be borne by the
140 provider or individual. The state cost for fingerprint
141 processing is as provided in s. 943.053(3)(e). This subsection
142 does not imply endorsement, certification, or regulation of
143 providers by the Florida Department of Veterans’ Affairs.
144 (6) DOCUMENTATION.—A provider must provide copies of all
145 fully executed documents required by subsection (2) to the
146 veteran being assisted in the veterans’ benefits matters and
147 maintain a copy of all fully executed documents for 6 years.
148 (7) COMPLAINT.—If a veteran who receives services from a
149 provider under this section in return for compensation files a
150 complaint with the Consumer Protection Division of the Office of
151 the Attorney General based on alleged absence of good faith as
152 defined in s. 673.1031(1), and if such veteran does not receive
153 a monthly monetary increase as a direct result of such
154 provider’s services, the provider may not receive compensation
155 for any services provided to such individual before the
156 resolution of the complaint.
157 (8) PENALTIES.—A violation of this section constitutes a
158 violation of the Florida Deceptive and Unfair Trade Practices
159 Act under part II of this chapter. Violators may be subject to
160 penalties provided in that part, including s. 501.2077 for
161 violations against a military servicemember or his or her spouse
162 or dependent child.
163 (9) CONSTRUCTION.—This section may not be construed as
164 applying to, limiting, or expanding the requirements imposed on
165 agents or employees of the Department of Veterans’ Affairs or
166 agents or attorneys accredited by the United States Department
167 of Veterans Affairs and regulated by that agency.
168 Section 3. This act shall take effect upon becoming a law.
169
170 ================= T I T L E A M E N D M E N T ================
171 And the title is amended as follows:
172 Delete everything before the enacting clause
173 and insert:
174 A bill to be entitled
175 An act relating to veterans’ benefits assistance;
176 amending s. 435.02, F.S.; revising the definition of
177 the term “specified agency”; creating s. 501.9741,
178 F.S.; defining terms; prohibiting a person from
179 receiving compensation for referring an individual to
180 a provider for advising, assisting, or consulting on
181 any veterans’ benefits matter; authorizing a provider
182 to receive compensation only for services rendered
183 during a specified period under certain circumstances;
184 requiring that, before such services are rendered, a
185 written agreement, which must include specified
186 information, be signed by both parties; requiring that
187 persons who advise, assist, or consult on veterans’
188 benefits matters for compensation provide a specified
189 oral and written disclosure before entering into a
190 business relationship with a client; providing
191 requirements for such disclosure; prohibiting a
192 provider who advises, assists, or consults on
193 veterans’ benefits matters from charging certain fees;
194 prohibiting the charging of interest on payment plans;
195 providing requirements in the event of the death of a
196 veteran claimant; prohibiting certain guarantees;
197 prohibiting a provider who advises, assists, or
198 consults on veterans’ benefits matters for
199 compensation from taking certain actions; requiring a
200 provider to ensure that individuals who directly
201 assist a veteran in a veterans’ benefits matter
202 complete a specified background screening before
203 entering into an agreement with a veteran for
204 veterans’ benefits matters; providing requirements for
205 such screening; providing construction; requiring a
206 provider to provide copies of certain documents to the
207 veteran and maintain a copy of such documents;
208 prohibiting a person who provides services from
209 receiving compensation under certain circumstances and
210 until certain conditions are met; providing that a
211 violation is a deceptive and unfair trade practice
212 that may be subject to specified penalties; providing
213 construction; providing an effective date.