Florida Senate - 2025 SB 910 By Senator Collins 14-00255A-25 2025910__ 1 A bill to be entitled 2 An act relating to veterans’ benefits assistance; 3 creating s. 501.9741, F.S.; defining terms; 4 prohibiting a person from receiving compensation for 5 referring an individual to another person for 6 advising, assisting, or consulting on veterans’ 7 benefits matters; authorizing compensation for 8 services rendered during a specified period only under 9 certain circumstances; requiring that, before such 10 services are rendered, a written agreement, which must 11 include specified information, be signed by both 12 parties; requiring that persons who advise, assist, or 13 consult on veterans’ benefits matters for compensation 14 provide a specified written disclosure before entering 15 into a business relationship with a client; 16 prohibiting persons who advise, assist, or consult on 17 veterans’ benefits matters from charging certain fees; 18 prohibiting the charging of interest on payment plans; 19 providing requirements in the event of the death of a 20 veteran claimant; prohibiting certain guarantees; 21 providing security requirements for the handling of a 22 veteran’s personal and account information; providing 23 that a violation is a deceptive and unfair trade 24 practice which may be subject to specified penalties; 25 providing construction; providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Section 501.9741, Florida Statutes, is created 30 to read: 31 501.9741 Assisting in veterans’ benefits matters.— 32 (1) DEFINITIONS.—As used in this section, the term: 33 (a) “Compensation” means payment of any money, thing of 34 value, or economic benefit conferred on or received by a person 35 in return for services rendered or to be rendered. 36 (b) “Veteran” means a person who served in the active 37 military, naval, or air service. 38 (c) “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 another person who will advise, assist, or consult 49 with the individual regarding any veterans’ benefits matter. 50 (b) A person may receive compensation for services rendered 51 in connection with a claim filed within the 1-year presumptive 52 period after active-duty release as determined by the United 53 States Department of Veterans Affairs only if the veteran 54 acknowledges, by signing a waiver, that he or she is within the 55 presumptive period and is choosing to deny the free services 56 available to him or her. 57 (c) A person seeking compensation for advising, assisting, 58 or consulting with an individual regarding any veterans’ 59 benefits matter must, before rendering services, enter into a 60 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. Any 65 such compensation may not exceed five times the amount of the 66 monthly increase in benefits awarded based on the claim and must 67 be paid out according to the specific terms agreed to by both 68 parties in accordance with subparagraph 1. 69 (d)1. A person who advises, assists, or consults on 70 veterans’ benefits matters for compensation shall provide the 71 following written disclosure before entering into a business 72 relationship with an individual: 73 74 “This business is not sponsored by or affiliated with 75 the Florida Department of Veterans’ Affairs, the 76 United States Department of Veterans Affairs, or any 77 other federally chartered veterans’ service 78 organization. Other organizations, including, but not 79 limited to, the Florida Department of Veterans’ 80 Affairs, a local veterans’ service organization, and 81 other federally chartered veterans’ service 82 organizations, may be able to provide you with this 83 service free of charge. Products or services offered 84 by this business are not necessarily endorsed by any 85 of these organizations. You may qualify for other 86 veterans’ benefits beyond the benefits for which you 87 are receiving services here.” 88 89 2. The written disclosure must appear in a font size of at 90 least 12 points in an easily identifiable place in the person’s 91 agreement with the individual seeking services and must be 92 signed by the individual to signify that he or she understands 93 the written disclosure’s provisions. The person offering 94 services must retain a copy of the written disclosure while 95 providing veterans’ benefits services to the individual for 96 compensation and for at least 1 year after the date on which the 97 service relations terminate. 98 (e) A person 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 person 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 person who advises, assists, or consults on veterans’ 114 benefits matters for compensation: 115 1. May not use an international call center or data center 116 to process a veteran’s personal information; 117 2. May not use a veteran’s personal log-in, username, or 118 password information to access that veteran’s medical, 119 financial, or government benefits information; and 120 3. Must ensure that an individual undergoes a background 121 check before being granted access to a veteran’s medical or 122 financial information. The background check must be conducted by 123 a reputable source and must include identity verification and a 124 criminal records check. 125 (5) PENALTIES.—A violation of this section constitutes a 126 violation of the Florida Deceptive and Unfair Trade Practices 127 Act under part II of this chapter. Violators may be subject to 128 penalties provided in that part, including s. 501.2077 for 129 violations against a military servicemember or his or her spouse 130 or dependent child. 131 (6) CONSTRUCTION.—This section may not be construed as 132 applying to, limiting, or expanding the requirements imposed on 133 agents or employees of the Department of Veterans’ Affairs or 134 agents or attorneys accredited by the United States Department 135 of Veterans Affairs and regulated by that agency. 136 Section 2. This act shall take effect upon becoming a law.