Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for SB 910
Ì891766PÎ891766
LEGISLATIVE ACTION
Senate . House
Comm: RS .
04/08/2025 .
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The Committee on Rules (Collins) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (7) of section 435.02, Florida
6 Statutes, is amended to read:
7 435.02 Definitions.—For the purposes of this chapter, the
8 term:
9 (7) “Specified agency” means the Department of Health, the
10 Department of Children and Families, the Agency for Health Care
11 Administration, the Department of Elderly Affairs, the
12 Department of Juvenile Justice, the Agency for Persons with
13 Disabilities, the Department of Education, the Department of
14 Veterans’ Affairs, each district unit under s. 1001.30, special
15 district units under s. 1011.24, the Florida School for the Deaf
16 and the Blind under s. 1002.36, the Florida Virtual School under
17 s. 1002.37, virtual instruction programs under s. 1002.45,
18 charter schools under s. 1002.33, hope operators under s.
19 1002.333, private schools participating in an educational
20 scholarship program established pursuant to chapter 1002,
21 alternative schools under s. 1008.341, regional workforce boards
22 providing services as defined in s. 445.002(3), and local
23 licensing agencies approved pursuant to s. 402.307, when these
24 agencies are conducting state and national criminal history
25 background screening on persons who work with children or
26 persons who are elderly or disabled.
27 Section 2. Section 501.9741, Florida Statutes, is created
28 to read:
29 501.9741 Assisting in veterans’ benefits matters.—
30 (1) DEFINITIONS.—As used in this section, the term:
31 (a) “Compensation” means payment of any money, thing of
32 value, or economic benefit conferred on or received by a person
33 in return for services rendered or to be rendered.
34 (b) “Provider” means an entity or individual assisting
35 veterans with veterans’ benefits matters.
36 (c) “Veteran” has the same meaning as in s. 1.01(14) and
37 includes eligible peacetime service as defined in s. 296.02.
38 (d) “Veterans’ benefits matter” means the preparation,
39 presentation, or prosecution of a veteran’s claim, or a claim by
40 the veteran’s spouse, dependent child, or any other individual
41 eligible for any benefit, program, service, commodity, function,
42 status, or entitlement under the laws and regulations
43 administered by the Department of Veterans’ Affairs or the
44 United States Department of Veterans Affairs.
45 (2) LIMITS ON COMPENSATION; TERMS OF ENGAGEMENT; WRITTEN
46 DISCLOSURE.—
47 (a) A person may not receive compensation for referring an
48 individual to a provider who will advise, assist, or consult
49 with the individual regarding any veterans’ benefits matter.
50 (b) A provider may receive compensation for services
51 rendered in connection with a claim filed within the 1-year
52 presumptive period after active-duty release as determined by
53 the United States Department of Veterans Affairs only if the
54 veteran acknowledges, by signing a waiver, that he or she is
55 within the presumptive period and is choosing to deny the free
56 services available to him or her.
57 (c) A provider seeking compensation for advising,
58 assisting, or consulting with an individual regarding any
59 veterans’ benefits matter must, before rendering services, enter
60 into a written agreement, signed by both parties, which:
61 1. Memorializes the specific terms under which the
62 compensation will be determined; and
63 2. Provides that compensation for such services is
64 contingent upon securing an increase in benefits awarded as a
65 direct result of such services. Any such compensation may not
66 exceed the lesser of four times the amount of the monthly
67 increase in benefits awarded based on the claim or $12,500, and
68 must be paid out according to the specific terms agreed to by
69 both parties in accordance with subparagraph 1.
70 (d)1. A provider who advises, assists, or consults on
71 veterans’ benefits matters for compensation shall provide the
72 following disclosure, both orally and in writing, before
73 entering into a business relationship with an individual:
74
75 This business is not sponsored by or affiliated with
76 the Florida Department of Veterans’ Affairs, the
77 United States Department of Veterans Affairs, or any
78 other federally chartered veterans’ service
79 organization. Other organizations, including, but not
80 limited to, the Florida Department of Veterans’
81 Affairs, a local veterans’ service organization, and
82 other federally chartered veterans’ service
83 organizations, may be able to provide you with this
84 service free of charge. Products or services offered
85 by this business are not necessarily endorsed by any
86 of these organizations. You may qualify for other
87 veterans’ benefits beyond the benefits for which you
88 are receiving services here.
89
90 2. The written disclosure must appear in a clearly legible
91 font in at least 12-point type immediately above the signature
92 line and must be signed by the individual to signify that he or
93 she understands the oral and written disclosures’ provisions.
94 The provider shall retain a copy of the written disclosure while
95 providing veterans’ benefits services to the individual for
96 compensation and for at least 6 years after the date on which
97 the services provided under the agreement terminate.
98 (e) A provider who advises, assists, or consults on a
99 veterans’ benefits matter may not charge an initial or
100 nonrefundable fee. Any charge for interest on any payment plan
101 agreed to by the parties is prohibited.
102 (3) DEATH OF VETERAN CLAIMANT.—If a veteran claimant dies
103 before a claim is processed:
104 (a) Any expected compensation must be waived and a charge,
105 fee, or debt may not be collected; and
106 (b) Any payment plan for services rendered must be
107 terminated immediately.
108 (4) PROHIBITIONS.—
109 (a) A provider may not guarantee, either directly or by
110 implication, a successful outcome or that an individual is
111 certain to receive specific veterans’ benefits or a specific
112 level, percentage, or amount of veterans’ benefits.
113 (b) A provider who advises, assists, or consults on
114 veterans’ benefits matters for compensation:
115 1. May not use an international call center or data center
116 to directly solicit a veteran to enter into a business
117 relationship with the provider or process a veteran’s personal
118 information.
119 2. May not use a veteran’s personal log-in, username, or
120 password information to access that veteran’s medical,
121 financial, or government benefits information.
122 3. May not employ a medical provider to conduct a secondary
123 medical examination of the veteran.
124 (5) BACKGROUND SCREENING.—A provider must ensure that all
125 individuals who directly assist a veteran in a veterans’
126 benefits matter complete a level 2 background screening that
127 screens for any offenses identified in in ss. 408.809(4) and
128 435.04(2)(d), (e), and (oo) and (4) before entering into any
129 agreement with a veteran for veterans’ benefits matters. An
130 individual must submit a full set of fingerprints to the
131 Department of Law Enforcement or to a vendor, entity, or agency
132 authorized by s. 943.053(13), which shall forward the
133 fingerprints to the Department of Law Enforcement for state
134 processing. The Department of Veterans’ Affairs shall transmit
135 the background screening results to the provider, which results
136 must indicate whether an individual’s background screening
137 contains any of the offenses listed in this subsection. Fees for
138 state and federal fingerprint processing must be borne by the
139 provider or individual. The state cost for fingerprint
140 processing is as provided in s. 943.053(3)(e). This subsection
141 does not imply endorsement, certification, or regulation of
142 providers by the Florida Department of Veterans’ Affairs.
143 (6) DOCUMENTATION.—A provider must provide copies of all
144 fully executed documents required by subsection (2) to the
145 veteran being assisted in the veterans’ benefits matters and
146 maintain a copy of all fully executed documents for 6 years and
147 in accordance with the requirements of rule 5-1(f) of the rules
148 regulating The Florida Bar.
149 (7) COMPLAINT.—If a veteran who receives services from a
150 provider under this section in return for compensation files a
151 complaint with the Consumer Protection Division of the Office of
152 the Attorney General based on alleged absence of good faith as
153 defined in s. 673.1031(1), and if such veteran does not receive
154 a monthly monetary increase as direct result of such provider’s
155 services, the provider may not receive compensation for any
156 services provided to such an individual before the resolution of
157 the complaint.
158 (8) PENALTIES.—A violation of this section constitutes a
159 violation of the Florida Deceptive and Unfair Trade Practices
160 Act under part II of this chapter. Violators may be subject to
161 penalties provided in that part, including s. 501.2077 for
162 violations against a military servicemember or his or her spouse
163 or dependent child.
164 (9) CONSTRUCTION.—This section may not be construed as
165 applying to, limiting, or expanding the requirements imposed on
166 agents or employees of the Department of Veterans’ Affairs or
167 agents or attorneys accredited by the United States Department
168 of Veterans Affairs and regulated by that agency.
169 Section 3. This act shall take effect upon becoming a law.
170
171 ================= T I T L E A M E N D M E N T ================
172 And the title is amended as follows:
173 Delete everything before the enacting clause
174 and insert:
175 A bill to be entitled
176 An act relating to veterans’ benefits assistance;
177 amending s. 435.02, F.S.; revising the definition of
178 the term “specified agency”; creating s. 501.9741,
179 F.S.; defining terms; prohibiting a person from
180 receiving compensation for referring an individual to
181 a provider for advising, assisting, or consulting on
182 any veterans’ benefits matter; authorizing a provider
183 to receive compensation only for services rendered
184 during a specified period under certain circumstances;
185 requiring that, before such services are rendered, a
186 written agreement, which must include specified
187 information, be signed by both parties; requiring that
188 persons who advise, assist, or consult on veterans’
189 benefits matters for compensation provide a specified
190 oral and written disclosure before entering into a
191 business relationship with a client; providing
192 requirements for such disclosure; prohibiting a
193 provider who advises, assists, or consults on
194 veterans’ benefits matters from charging certain fees;
195 prohibiting the charging of interest on payment plans;
196 providing requirements in the event of the death of a
197 veteran claimant; prohibiting certain guarantees;
198 prohibiting a provider who advises, assists, or
199 consults on veterans’ benefits matters for
200 compensation from taking certain actions; requiring a
201 provider to ensure that individuals who directly
202 assist a veteran in a veterans’ benefits matter
203 complete a specified background screening before
204 entering into an agreement with a veteran for
205 veterans’ benefits matters; providing requirements;
206 providing construction; requiring a provider to
207 provide copies of certain documents to the veteran and
208 maintain a copy of such documents pursuant to
209 specified provisions; prohibiting a person who
210 provides services from receiving compensation under
211 certain circumstances and until certain conditions are
212 met; providing that a violation is a deceptive and
213 unfair trade practice which may be subject to
214 specified penalties; providing construction; providing
215 an effective date.