Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 910
       
       
       
       
       
       
                                Ì791966WÎ791966                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  03/20/2025           .                                
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       The Committee on Military and Veterans Affairs, Space, and
       Domestic Security (Collins) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 36 - 131
    4  and insert:
    5         (b)“Veteran” has the same meaning as in s. 1.01(14) and
    6  includes eligible peacetime service as defined in s. 296.02.
    7         (c)“Veterans’ benefits matter” means the preparation,
    8  presentation, or prosecution of a veteran’s claim, or a claim by
    9  the veteran’s spouse, dependent child, or any other individual
   10  eligible for any benefit, program, service, commodity, function,
   11  status, or entitlement under the laws and regulations
   12  administered by the Department of Veterans’ Affairs or the
   13  United States Department of Veterans Affairs.
   14         (2)LIMITS ON COMPENSATION; TERMS OF ENGAGEMENT; WRITTEN
   15  DISCLOSURE.—
   16         (a)A person may not receive compensation for referring an
   17  individual to another person who will advise, assist, or consult
   18  with the individual regarding any veterans’ benefits matter.
   19         (b)A person may receive compensation for services rendered
   20  in connection with a claim filed within the 1-year presumptive
   21  period after active-duty release as determined by the United
   22  States Department of Veterans Affairs only if the veteran
   23  acknowledges, by signing a waiver, that he or she is within the
   24  presumptive period and is choosing to deny the free services
   25  available to him or her.
   26         (c)A person seeking compensation for advising, assisting,
   27  or consulting with an individual regarding any veterans’
   28  benefits matter must, before rendering services, enter into a
   29  written agreement, signed by both parties, which:
   30         1.Memorializes the specific terms under which the
   31  compensation will be determined; and
   32         2.Provides that compensation for such services is
   33  contingent upon securing an increase in benefits awarded as a
   34  direct result of such services. Any such compensation may not
   35  exceed five times the amount of the monthly increase in benefits
   36  awarded based on the claim and must be paid out according to the
   37  specific terms agreed to by both parties in accordance with
   38  subparagraph 1.
   39         (d)1.A person who advises, assists, or consults on
   40  veterans’ benefits matters for compensation shall provide the
   41  following disclosure, both orally and in writing, before
   42  entering into a business relationship with an individual:
   43  
   44         “This business is not sponsored by or affiliated with
   45         the Florida Department of Veterans’ Affairs, the
   46         United States Department of Veterans Affairs, or any
   47         other federally chartered veterans’ service
   48         organization. Other organizations, including, but not
   49         limited to, the Florida Department of Veterans’
   50         Affairs, a local veterans’ service organization, and
   51         other federally chartered veterans’ service
   52         organizations, may be able to provide you with this
   53         service free of charge. Products or services offered
   54         by this business are not necessarily endorsed by any
   55         of these organizations. You may qualify for other
   56         veterans’ benefits beyond the benefits for which you
   57         are receiving services here.”
   58  
   59         2.The written disclosure must appear in a font size of at
   60  least 12 points in an easily identifiable place in the person’s
   61  agreement with the individual seeking services and must be
   62  signed by the individual to signify that he or she understands
   63  the oral and written disclosure’s provisions. The person
   64  offering services must retain a copy of the written disclosure
   65  while providing veterans’ benefits services to the individual
   66  for compensation and for at least 1 year after the date on which
   67  the service relations terminate.
   68         (e)A person who advises, assists, or consults on a
   69  veterans’ benefits matter may not charge an initial or
   70  nonrefundable fee. Any charge for interest on any payment plan
   71  agreed to by the parties is prohibited.
   72         (3)DEATH OF VETERAN CLAIMANT.—If a veteran claimant dies
   73  before a claim is processed:
   74         (a)Any expected compensation must be waived and a charge,
   75  fee, or debt may not be collected; and
   76         (b)Any payment plan for services rendered must be
   77  terminated immediately.
   78         (4)PROHIBITIONS.—
   79         (a)A person may not guarantee, either directly or by
   80  implication, a successful outcome or that an individual is
   81  certain to receive specific veterans’ benefits or a specific
   82  level, percentage, or amount of veterans’ benefits.
   83         (b)A person who advises, assists, or consults on veterans’
   84  benefits matters for compensation:
   85         1.May not use an international call center or data center
   86  to process a veteran’s personal information;
   87         2.May not use a veteran’s personal log-in, username, or
   88  password information to access that veteran’s medical,
   89  financial, or government benefits information; and
   90         3.Must ensure that an individual undergoes level 2
   91  background screening as described in s. 435.04 before being
   92  granted access to a veteran’s medical or financial information.
   93         (5) COMPLAINT.—If an individual to whom a person provides
   94  services under this section in return for compensation files a
   95  complaint with the Consumer Protection Division of the Office of
   96  the Attorney General, the person who provided such services may
   97  not receive compensation for any services provided to such an
   98  individual before the resolution of the complaint.
   99         (6)PENALTIES.—A violation of this section constitutes a
  100  violation of the Florida Deceptive and Unfair Trade Practices
  101  Act under part II of this chapter. Violators may be subject to
  102  penalties provided in that part, including s. 501.2077 for
  103  violations against a military servicemember or his or her spouse
  104  or dependent child.
  105         (7)CONSTRUCTION.—This section may not be construed as
  106  
  107  ================= T I T L E  A M E N D M E N T ================
  108  And the title is amended as follows:
  109         Delete lines 14 - 22
  110  and insert:
  111         provide a specified oral and written disclosure before
  112         entering into a business relationship with a client;
  113         prohibiting persons who advise, assist, or consult on
  114         veterans’ benefits matters from charging certain fees;
  115         prohibiting the charging of interest on payment plans;
  116         providing requirements in the event of the death of a
  117         veteran claimant; prohibiting certain guarantees;
  118         providing security requirements for the handling of a
  119         veteran’s personal and account information;
  120         prohibiting a person who provides services from
  121         receiving compensation before the resolution of a
  122         certain complaint if the individual receiving services
  123         files such a complaint; providing