Florida Senate - 2025 COMMITTEE AMENDMENT Bill No. CS for SB 910 Ì891766PÎ891766 LEGISLATIVE ACTION Senate . House Comm: RS . 04/08/2025 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.