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.