Florida Senate - 2025 CS for CS for SB 910
By the Committees on Rules; and Military and Veterans Affairs,
Space, and Domestic Security; and Senator Collins
595-03363-25 2025910c2
1 A bill to be entitled
2 An act relating to veterans’ benefits assistance;
3 amending s. 435.02, F.S.; revising the definition of
4 the term “specified agency”; creating s. 501.9741,
5 F.S.; defining terms; prohibiting a person from
6 receiving compensation for referring an individual to
7 a provider for advising, assisting, or consulting on
8 any veterans’ benefits matter; authorizing a provider
9 to receive compensation only for services rendered
10 during a specified period under certain circumstances;
11 requiring that, before such services are rendered, a
12 written agreement, which must include specified
13 information, be signed by both parties; requiring that
14 persons who advise, assist, or consult on veterans’
15 benefits matters for compensation provide a specified
16 oral and written disclosure before entering into a
17 business relationship with a client; providing
18 requirements for such disclosure; prohibiting a
19 provider who advises, assists, or consults on
20 veterans’ benefits matters from charging certain fees;
21 prohibiting the charging of interest on payment plans;
22 providing requirements in the event of the death of a
23 veteran claimant; prohibiting certain guarantees;
24 prohibiting a provider who advises, assists, or
25 consults on veterans’ benefits matters for
26 compensation from taking certain actions; requiring a
27 provider to ensure that individuals who directly
28 assist a veteran in a veterans’ benefits matter
29 complete a specified background screening before
30 entering into an agreement with a veteran for
31 veterans’ benefits matters; providing requirements for
32 such screening; providing construction; requiring a
33 provider to provide copies of certain documents to the
34 veteran and maintain a copy of such documents;
35 prohibiting a person who provides services from
36 receiving compensation under certain circumstances and
37 until certain conditions are met; providing that a
38 violation is a deceptive and unfair trade practice
39 that may be subject to specified penalties; providing
40 construction; providing an effective date.
41
42 Be It Enacted by the Legislature of the State of Florida:
43
44 Section 1. Subsection (7) of section 435.02, Florida
45 Statutes, is amended to read:
46 435.02 Definitions.—For the purposes of this chapter, the
47 term:
48 (7) “Specified agency” means the Department of Health, the
49 Department of Children and Families, the Agency for Health Care
50 Administration, the Department of Elderly Affairs, the
51 Department of Juvenile Justice, the Agency for Persons with
52 Disabilities, the Department of Education, the Department of
53 Veterans’ Affairs, each district unit under s. 1001.30, special
54 district units under s. 1011.24, the Florida School for the Deaf
55 and the Blind under s. 1002.36, the Florida Virtual School under
56 s. 1002.37, virtual instruction programs under s. 1002.45,
57 charter schools under s. 1002.33, hope operators under s.
58 1002.333, private schools participating in an educational
59 scholarship program established pursuant to chapter 1002,
60 alternative schools under s. 1008.341, regional workforce boards
61 providing services as defined in s. 445.002(3), and local
62 licensing agencies approved pursuant to s. 402.307, when these
63 agencies are conducting state and national criminal history
64 background screening on persons who work with children or
65 persons who are elderly or disabled.
66 Section 2. Section 501.9741, Florida Statutes, is created
67 to read:
68 501.9741 Assisting in veterans’ benefits matters.—
69 (1) DEFINITIONS.—As used in this section, the term:
70 (a) “Compensation” means payment of any money, thing of
71 value, or economic benefit conferred on or received by a person
72 in return for services rendered or to be rendered.
73 (b) “Provider” means an entity or individual assisting
74 veterans with veterans’ benefits matters.
75 (c) “Veteran” has the same meaning as in s. 1.01(14) and
76 includes eligible peacetime service as defined in s. 296.02.
77 (d) “Veterans’ benefits matter” means the preparation,
78 presentation, or prosecution of a veteran’s claim, or a claim by
79 the veteran’s spouse, dependent child, or any other individual
80 eligible for any benefit, program, service, commodity, function,
81 status, or entitlement under the laws and regulations
82 administered by the Department of Veterans’ Affairs or the
83 United States Department of Veterans Affairs.
84 (2) LIMITS ON COMPENSATION; TERMS OF ENGAGEMENT; WRITTEN
85 DISCLOSURE.—
86 (a) A person may not receive compensation for referring an
87 individual to a provider who will advise, assist, or consult
88 with the individual regarding any veterans’ benefits matter.
89 (b) A provider may receive compensation for services
90 rendered in connection with a claim filed within the 1-year
91 presumptive period after active-duty release as determined by
92 the United States Department of Veterans Affairs only if the
93 veteran acknowledges, by signing a waiver, that he or she is
94 within the presumptive period and is choosing to deny the free
95 services available to him or her.
96 (c) A provider seeking compensation for advising,
97 assisting, or consulting with an individual regarding any
98 veterans’ benefits matter must, before rendering services, enter
99 into a written agreement, signed by both parties, which:
100 1. Memorializes the specific terms under which the
101 compensation will be determined; and
102 2. Provides that compensation for such services is
103 contingent upon securing an increase in benefits awarded as a
104 direct result of such services. Any such compensation may not
105 exceed the lesser of four times the amount of the monthly
106 increase in benefits awarded based on the claim or $12,500, and
107 must be paid out according to the specific terms agreed to by
108 both parties in accordance with subparagraph 1.
109 (d)1. A provider who advises, assists, or consults on
110 veterans’ benefits matters for compensation shall provide the
111 following disclosure, both orally and in writing, before
112 entering into a business relationship with an individual:
113
114 This business is not sponsored by or affiliated with
115 the Florida Department of Veterans’ Affairs, the
116 United States Department of Veterans Affairs, or any
117 other federally chartered veterans’ service
118 organization. Other organizations, including, but not
119 limited to, the Florida Department of Veterans’
120 Affairs, a local veterans’ service organization, and
121 other federally chartered veterans’ service
122 organizations, may be able to provide you with this
123 service free of charge. Products or services offered
124 by this business are not necessarily endorsed by any
125 of these organizations. You may qualify for other
126 veterans’ benefits beyond the benefits for which you
127 are receiving services here.
128
129 2. The written disclosure must appear in a clearly legible
130 font in at least 12-point type immediately above the signature
131 line and must be signed by the individual to signify that he or
132 she understands the oral and written disclosures’ provisions.
133 The provider shall retain a copy of the written disclosure while
134 providing veterans’ benefits services to the individual for
135 compensation and for at least 6 years after the date on which
136 the services provided under the agreement terminate.
137 (e) A provider who advises, assists, or consults on a
138 veterans’ benefits matter may not charge an initial or
139 nonrefundable fee. Any charge for interest on any payment plan
140 agreed to by the parties is prohibited.
141 (3) DEATH OF VETERAN CLAIMANT.—If a veteran claimant dies
142 before a claim is processed:
143 (a) Any expected compensation must be waived and a charge,
144 fee, or debt may not be collected; and
145 (b) Any payment plan for services rendered must be
146 terminated immediately.
147 (4) PROHIBITIONS.—
148 (a) A provider may not guarantee, either directly or by
149 implication, a successful outcome or that an individual is
150 certain to receive specific veterans’ benefits or a specific
151 level, percentage, or amount of veterans’ benefits.
152 (b) A provider who advises, assists, or consults on
153 veterans’ benefits matters for compensation:
154 1. May not use an international call center or data center
155 to directly solicit a veteran to enter into a business
156 relationship with the provider or process a veteran’s personal
157 information.
158 2. May not use a veteran’s personal log-in, username, or
159 password information to access that veteran’s medical,
160 financial, or government benefits information.
161 3. May not employ a medical provider to conduct a secondary
162 medical examination of the veteran.
163 (5) BACKGROUND SCREENING.—A provider must ensure that all
164 individuals who directly assist a veteran in a veterans’
165 benefits matter complete a level 2 background screening that
166 screens for any offenses identified in s. 408.809(4) or s.
167 435.04(2)(d), (e), or (oo) or (4) before entering into any
168 agreement with a veteran for veterans’ benefits matters. An
169 individual must submit a full set of fingerprints to the
170 Department of Law Enforcement or to a vendor, entity, or agency
171 authorized by s. 943.053(13), which shall forward the
172 fingerprints to the Department of Law Enforcement for state
173 processing. The Department of Veterans’ Affairs shall transmit
174 the background screening results to the provider, which results
175 must indicate whether an individual’s background screening
176 contains any of the offenses listed in this subsection. Fees for
177 state and federal fingerprint processing must be borne by the
178 provider or individual. The state cost for fingerprint
179 processing is as provided in s. 943.053(3)(e). This subsection
180 does not imply endorsement, certification, or regulation of
181 providers by the Department of Veterans’ Affairs.
182 (6) DOCUMENTATION.—A provider must provide copies of all
183 fully executed documents required by subsection (2) to the
184 veteran being assisted in the veterans’ benefits matters and
185 maintain a copy of all fully executed documents for 6 years.
186 (7) COMPLAINT.—If a veteran who receives services from a
187 provider under this section in return for compensation files a
188 complaint with the Consumer Protection Division of the Office of
189 the Attorney General based on alleged absence of good faith as
190 defined in s. 673.1031(1), and if such veteran does not receive
191 a monthly monetary increase as a direct result of such
192 provider’s services, the provider may not receive compensation
193 for any services provided to such individual before the
194 resolution of the complaint.
195 (8) PENALTIES.—A violation of this section constitutes a
196 violation of the Florida Deceptive and Unfair Trade Practices
197 Act under part II of this chapter. Violators may be subject to
198 penalties provided in that part, including s. 501.2077 for
199 violations against a military servicemember or his or her spouse
200 or dependent child.
201 (9) CONSTRUCTION.—This section may not be construed as
202 applying to, limiting, or expanding the requirements imposed on
203 agents or employees of the Department of Veterans’ Affairs or
204 agents or attorneys accredited by the United States Department
205 of Veterans Affairs and regulated by that agency.
206 Section 3. This act shall take effect upon becoming a law.