Florida Senate - 2025 CS for SB 910
By the Committee on Military and Veterans Affairs, Space, and
Domestic Security; and Senator Collins
583-02561-25 2025910c1
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 oral and written disclosure before
15 entering into a business relationship with a client;
16 prohibiting a provider who advises, assists, or
17 consults on veterans’ benefits matters from charging
18 certain fees; prohibiting the charging of interest on
19 payment plans; providing requirements in the event of
20 the death of a veteran claimant; prohibiting certain
21 guarantees; providing security requirements for the
22 handling of a veteran’s personal and account
23 information; requiring a provider to successfully
24 complete a specified background screening before
25 entering into an agreement with a veteran for
26 veterans’ benefits matters; requiring a provider to
27 provide copies of certain documents to the veteran and
28 maintain a copy of such documents pursuant to
29 specified provisions; prohibiting a person who
30 provides services from receiving compensation before
31 the resolution of a certain complaint if the
32 individual receiving services files such a complaint;
33 providing that a violation is a deceptive and unfair
34 trade practice which may be subject to specified
35 penalties; providing construction; providing an
36 effective date.
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40 Section 1. Section 501.9741, Florida Statutes, is created
41 to read:
42 501.9741 Assisting in veterans’ benefits matters.—
43 (1) DEFINITIONS.—As used in this section, the term:
44 (a) “Compensation” means payment of any money, thing of
45 value, or economic benefit conferred on or received by a person
46 in return for services rendered or to be rendered.
47 (b) “Provider” means an entity or individual assisting
48 veterans with veterans’ benefits matters.
49 (c) “Veteran” has the same meaning as in s. 1.01(14) and
50 includes eligible peacetime service as defined in s. 296.02.
51 (d) “Veterans’ benefits matter” means the preparation,
52 presentation, or prosecution of a veteran’s claim, or a claim by
53 the veteran’s spouse, dependent child, or any other individual
54 eligible for any benefit, program, service, commodity, function,
55 status, or entitlement under the laws and regulations
56 administered by the Department of Veterans’ Affairs or the
57 United States Department of Veterans Affairs.
58 (2) LIMITS ON COMPENSATION; TERMS OF ENGAGEMENT; WRITTEN
59 DISCLOSURE.—
60 (a) A person may not receive compensation for referring an
61 individual to a provider who will advise, assist, or consult
62 with the individual regarding any veterans’ benefits matter.
63 (b) A provider may receive compensation for services
64 rendered in connection with a claim filed within the 1-year
65 presumptive period after active-duty release as determined by
66 the United States Department of Veterans Affairs only if the
67 veteran acknowledges, by signing a waiver, that he or she is
68 within the presumptive period and is choosing to deny the free
69 services available to him or her.
70 (c) A provider seeking compensation for advising,
71 assisting, or consulting with an individual regarding any
72 veterans’ benefits matter must, before rendering services, enter
73 into a written agreement, signed by both parties, which:
74 1. Memorializes the specific terms under which the
75 compensation will be determined; and
76 2. Provides that compensation for such services is
77 contingent upon securing an increase in benefits awarded as a
78 direct result of such services. Any such compensation may not
79 exceed the lesser of five times the amount of the monthly
80 increase in benefits awarded based on the claim or $12,500, and
81 must be paid out according to the specific terms agreed to by
82 both parties in accordance with subparagraph 1.
83 (d)1. A provider who advises, assists, or consults on
84 veterans’ benefits matters for compensation shall provide the
85 following disclosure, both orally and in writing, before
86 entering into a business relationship with an individual:
87
88 “This business is not sponsored by or affiliated with
89 the Florida Department of Veterans’ Affairs, the
90 United States Department of Veterans Affairs, or any
91 other federally chartered veterans’ service
92 organization. Other organizations, including, but not
93 limited to, the Florida Department of Veterans’
94 Affairs, a local veterans’ service organization, and
95 other federally chartered veterans’ service
96 organizations, may be able to provide you with this
97 service free of charge. Products or services offered
98 by this business are not necessarily endorsed by any
99 of these organizations. You may qualify for other
100 veterans’ benefits beyond the benefits for which you
101 are receiving services here.”
102
103 2. The written disclosure must appear in a font size of at
104 least 12 points in an easily identifiable place in the
105 provider’s agreement with the individual seeking services and
106 must be signed by the individual to signify that he or she
107 understands the oral and written disclosure’s provisions. The
108 provider must retain a copy of the written disclosure while
109 providing veterans’ benefits services to the individual for
110 compensation and for at least 1 year after the date on which the
111 service relations terminate.
112 (e) A provider who advises, assists, or consults on a
113 veterans’ benefits matter may not charge an initial or
114 nonrefundable fee. Any charge for interest on any payment plan
115 agreed to by the parties is prohibited.
116 (3) DEATH OF VETERAN CLAIMANT.—If a veteran claimant dies
117 before a claim is processed:
118 (a) Any expected compensation must be waived and a charge,
119 fee, or debt may not be collected; and
120 (b) Any payment plan for services rendered must be
121 terminated immediately.
122 (4) PROHIBITIONS.—
123 (a) A provider may not guarantee, either directly or by
124 implication, a successful outcome or that an individual is
125 certain to receive specific veterans’ benefits or a specific
126 level, percentage, or amount of veterans’ benefits.
127 (b) A provider who advises, assists, or consults on
128 veterans’ benefits matters for compensation:
129 1. May not use an international call center or data center
130 to process a veteran’s personal information.
131 2. May not use a veteran’s personal log-in, username, or
132 password information to access that veteran’s medical,
133 financial, or government benefits information.
134 (5) BACKGROUND SCREENING.—A provider must successfully
135 complete a level 2 background screening as described in s.
136 435.04 before entering into any agreement with a veteran for
137 veterans’ benefits matters.
138 (6) DOCUMENTATION.—A provider must provide copies of all
139 fully executed documents required by subsection (2) to the
140 veteran being assisted in the veterans’ benefits matters and
141 maintain a copy of all fully executed documents for 6 years and
142 in accordance with the requirements of rule 5-1(f) of the rules
143 regulating The Florida Bar.
144 (7) COMPLAINT.—If an individual to whom a provider provides
145 services under this section in return for compensation files a
146 complaint with the Consumer Protection Division of the Office of
147 the Attorney General, the provider may not receive compensation
148 for any services provided to such an individual before the
149 resolution of the complaint.
150 (8) PENALTIES.—A violation of this section constitutes a
151 violation of the Florida Deceptive and Unfair Trade Practices
152 Act under part II of this chapter. Violators may be subject to
153 penalties provided in that part, including s. 501.2077 for
154 violations against a military servicemember or his or her spouse
155 or dependent child.
156 (9) CONSTRUCTION.—This section may not be construed as
157 applying to, limiting, or expanding the requirements imposed on
158 agents or employees of the Department of Veterans’ Affairs or
159 agents or attorneys accredited by the United States Department
160 of Veterans Affairs and regulated by that agency.
161 Section 2. This act shall take effect upon becoming a law.