Florida 2025 2025 Regular Session

Florida House Bill H0277 Comm Sub / Bill

Filed 03/21/2025

                       
 
CS/HB 277  	2025 
 
 
 
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A bill to be entitled 1 
An act relating to veterans' benefits assistance; 2 
creating s. 501.9741, F.S.; providing definitions; 3 
prohibiting a person from receiving compensation for 4 
referring an individual to another person for 5 
advising, assisting, or consulting on veterans' 6 
benefits matters; authorizing compensation for 7 
services rendered during a specified period only under 8 
certain circumstances; requiring that, before such 9 
services are rendered, a written agreement, which must 10 
include specified information, be signed by both 11 
parties; requiring that persons who advise, assist, or 12 
consult on veterans' benefits matters for compensation 13 
provide a specified oral and written disclosure before 14 
entering into a business relationship with a client; 15 
prohibiting a provider who advises, assists, or 16 
consults on veterans' benefits matters from charging 17 
certain fees; prohibiting the charging of interest on 18 
payment plans; providing requirements in the event of 19 
the death of a veteran claimant; prohibiting certain 20 
guarantees; providing security requirem ents for the 21 
handling of a veteran's personal and account 22 
information; requiring a provider to successfully 23 
complete a specified background screening before 24 
entering into an agreement with a veteran for 25     
 
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veterans' benefits matters; requiring a provider to 26 
provide copies of certain documents to the veteran and 27 
maintain a copy of such documents pursuant to 28 
specified provisions; prohibiting a person who 29 
provides services from receiving compensation before 30 
the resolution of a certain complaint if the 31 
individual receiving services files such a complaint; 32 
providing that a violation is a deceptive and unfair 33 
trade practice which may be subject to specified 34 
penalties; providing construction; providing an 35 
effective date. 36 
 37 
Be It Enacted by the Legislature of the St ate of Florida: 38 
 39 
 Section 1.  Section 501.9741, Florida Statutes, is created 40 
to read: 41 
 501.9741  Assisting in veterans' benefits matters. — 42 
 (1)  DEFINITIONS.—As used in this section, the term: 43 
 (a)  "Compensation" means payment of any money, thing of 44 
value, or economic benefit conferred on or received by a person 45 
in return for services rendered or to be rendered. 46 
 (b)  "Provider" means an entity or individual assisting 47 
veterans with veterans' benefits matters. 48 
 (c)  "Veteran" has the same meaning as in s. 1.01(14) and 49 
includes eligible peacetime service as defined in s. 296.02. 50     
 
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 (d)  "Veterans' benefits matter" means the preparation, 51 
presentation, or prosecution of a veteran's claim, or a claim by 52 
the veteran's spouse, dependent child, or any other individ ual 53 
eligible for any benefit, program, service, commodity, function, 54 
status, or entitlement under the laws and regulations 55 
administered by the Department of Veterans' Affairs or the 56 
United States Department of Veterans Affairs. 57 
 (2)  LIMITS ON COMPENSATION ; TERMS OF ENGAGEMENT; WRITTEN 58 
DISCLOSURE.— 59 
 (a)  A person may not receive compensation for referring an 60 
individual to a provider who will advise, assist, or consult 61 
with the individual regarding any veterans' benefits matter. 62 
 (b)  A provider may receive compensation for services 63 
rendered in connection with a claim filed within the 1 -year 64 
presumptive period after active -duty release as determined by 65 
the United States Department of Veterans Affairs only if the 66 
veteran acknowledges, by signing a waiver, that he or she is 67 
within the presumptive period and is choosing to deny the free 68 
services available to him or her. 69 
 (c)  A provider seeking compensation for advising, 70 
assisting, or consulting with an individual regarding any 71 
veterans' benefits matter must, bef ore rendering services, enter 72 
into a written agreement, signed by both parties, which: 73 
 1.  Memorializes the specific terms under which the 74 
compensation will be determined; and 75     
 
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 2.  Provides that compensation for such services is 76 
contingent upon securing an increase in benefits awarded as a 77 
direct result of such services . Any such compensation may not 78 
exceed the lesser of five times the amount of the monthly 79 
increase in benefits a warded based on the claim or $12,500, and 80 
must be paid out according to the specific terms agreed to by 81 
both parties in accordance with subparagraph 1. 82 
 (d)1.  A provider who advises, assists, or consults on 83 
veterans' benefits matters for compensation shal l provide the 84 
following disclosure , both orally and in writing, before 85 
entering into a business relationship with an individual: 86 
 87 
"This business is not sponsored by or affiliated with 88 
the Florida Department of Veterans' Affairs, the 89 
United States Departmen t of Veterans Affairs, or any 90 
other federally chartered veterans' service 91 
organization. Other organizations, including, but not 92 
limited to, the Florida Department of Veterans' 93 
Affairs, a local veterans' service organization, and 94 
other federally chartered v eterans' service 95 
organizations, may be able to provide you with this 96 
service free of charge. Products or services offered 97 
by this business are not necessarily endorsed by any 98 
of these organizations. You may qualify for other 99 
veterans' benefits beyond the b enefits for which you 100     
 
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are receiving services here." 101 
 102 
 2.  The written disclosure must appear in a font size of at 103 
least 12 points in an easily identifiable place in the 104 
provider's agreement with the individual seeking services and 105 
must be signed by the ind ividual to signify that he or she 106 
understands the oral and written disclosure's provisions. The 107 
provider must retain a copy of the written disclosure while 108 
providing veterans' benefits services to the individual for 109 
compensation and for at least 6 years after the date on which 110 
the service relations terminate. 111 
 (e)  A provider who advises, assists, or consults on a 112 
veterans' benefits matter may not charge an initial or 113 
nonrefundable fee. Any charge for interest on any payment plan 114 
agreed to by the parties is prohibited. 115 
 (3)  DEATH OF VETERAN CLAIMANT. —If a veteran claimant dies 116 
before a claim is processed: 117 
 (a)  Any expected compensation must be waived and a charge, 118 
fee, or debt may not be collected; and 119 
 (b)  Any payment plan for services rendered must be 120 
terminated immediately. 121 
 (4)  PROHIBITIONS.— 122 
 (a)  A provider may not guarantee, either directly or by 123 
implication, a successful outcome or that an individual is 124 
certain to receive specific veterans' benefits or a specific 125     
 
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level, percentage, or amount of ve terans' benefits. 126 
 (b)  A provider who advises, assists, or consults on 127 
veterans' benefits matters for compensation: 128 
 1.  May not use an international call center or data center 129 
to process a veteran's personal information. 130 
 2.  May not use a veteran's personal log-in, username, or 131 
password information to access that veteran's medical, 132 
financial, or government benefits information. 133 
 (5)  BACKGROUND SCREENING. —A provider must successfully 134 
complete a level 2 background screening as described in s. 135 
435.04 before entering into any agreement with a veteran for 136 
veterans' benefits matters. 137 
 (6)  DOCUMENTATION.—A provider must provide copies of all 138 
fully executed documents required by subsection (2) to the 139 
veteran being assisted in the veterans' benefits matters and 140 
maintain a copy of all fully executed documents for 6 years. 141 
 (7)  COMPLAINT.—If an individual to whom a provider 142 
provides services under this section in return for compensation 143 
files a complaint with the Consumer Protection Division of the 144 
Office of the Attorney General, the provider may not receive 145 
compensation for any services provided to such an individual 146 
before the resolution of the complaint. 147 
 (8)  PENALTIES.—A violation of this section constitutes a 148 
violation of the Florida Deceptive and Unfair Trade Practices 149 
Act under part II of this chapter. Violators may be subject to 150     
 
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penalties provided in that part, including s. 501.2077 for 151 
violations against a military servicemember or his or her spouse 152 
or dependent child. 153 
 (9)  CONSTRUCTION.—This section may not be construed as 154 
applying to, limiting, or expanding the requirements imposed on 155 
agents or employees of the Department of Veterans' Affairs or 156 
agents or attorneys accredited by the United States Department 157 
of Veterans Affairs and regulated by that a gency. 158 
 Section 2.  This act shall take effect upon becoming a law. 159