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.