STORAGE NAME: h0277b.IPA
DATE: 3/24/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 277
TITLE: Veterans' Benefits Assistance
SPONSOR(S): Albert, Alvarez, D.
COMPANION BILL: CS/SB 910 (Collins)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Intergovernmental Affairs
18 Y, 0 N, As CS
Industries & Professional
Activities
State Affairs
SUMMARY
Effect of the Bill:
The bill establishes standards for persons assisting a veteran or any eligible beneficiary of a veteran including his
or her spouse or dependent child in applying for benefits administered by the Florida Department of Veterans’
Affairs or the United States Department of Veterans Affairs.
The bill provides that a person assisting a veteran in applying for benefits may only be compensated if they make
certain disclosures to the veteran, including the existence of other organizations that provide assistance for free.
The bill limits the amount of compensation a provider may receive for their services, prohibits guaranteeing a
successful outcome or specific result, and requires the provider to follow certain procedures to protect the
veteran’s personally identifiable protected information. The bill also prohibits a person from receiving
compensation for referring someone to a person who provides assistance in applying for benefits.
The bill provides that a violation of these requirements is a violation the Florida Deceptive and Unfair Trade
Practices Act.
Fiscal or Economic Impact:
The bill may have an indeterminate negative impact on state government expenditures to the extent additional
violations of the Florida Deceptive and Unfair Trade Practices Act are prosecuted.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill establishes standards for persons assisting a veteran or any eligible beneficiary of a veteran including his
or her spouse or dependent child in applying for benefits administered by the Florida Department of Veterans’
Affairs (FDVA) or the United States Department of Veterans Affairs (VA).
The bill prohibits any provider from receiving compensation for referring an individual to another person who will
advise, assist, or consult with the applicant regarding a veterans’ benefits matter. (Section 1)
The bill provides that a provider may receive compensation for providing services in connection to a claim filed
within the one-year presumptive period after active-duty release as determined by the VA, but only if the veteran
signs a waiver acknowledging that he or she is within the presumptive period and is choosing to deny the free
services available. Furthermore, to receive compensation, the service provider must enter a written agreement
signed by both parties that specifies the terms of compensation and provides that compensation may only be paid
if the veteran is successful in securing an increase in benefits. The bill limits the amount of compensation the
service provider may receive at the lesser of five times the amount of the monthly increase in benefits awarded or
$12,500. (Section 1) JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
The bill requires the service provider to provide a written and oral disclosure stating:
The provider is not affiliated with the FDVA or the VA.
The services being provided are available free of charge from other organizations,
The provider is not necessarily endorsed by any of the other organizations.
The veteran may qualify for other veterans’ benefits beyond the benefits for which they are receiving
services. (Section 1)
The disclosure must meet certain criteria to ensure it is easily identifiable, must be signed by the veteran, and the
service provider must retain a copy for at least six years after the service relationship ends. (Section 1)
The bill prohibits a provider from charging an initial or non-refundable fee or any interest charge on a payment
plan agreed to between the parties. A service provider is also prohibited from guaranteeing a successful outcome
or that a veteran will receive certain benefits or a specific level, percentage, or amount of veterans’ benefits.
(Section 1)
In the event a veteran dies before a claim is processed, the bill requires any expected compensation to be waived,
provides that a charge, fee, or debt may not be collected, and requires any payment plan for services be terminated
immediately. (Section 1)
The bill requires the provider follow certain procedures to protect the veteran’s personally identifiable protected
information, including prohibiting the use of international call or data center to process information, prohibiting
the use of a veteran’s personal information to access certain data, and requiring individuals undergo a level 2
background screening before entering into any agreement with a veteran for veterans’ benefits. (Section 1)
The bill requires that a provider provide copies of all executed documents discussed above be given to the veteran
being assisted. The provider must keep a copy of all executed documents for six years. (Section 1)
If an individual files a complaint with the Consumer Protection Division of the Office of the Attorney General
against a provider giving services in return for compensation, the provider may not receive compensation before
the resolution of the complaint. (Section 1)
The bill provides that a violation of any of these requirements is a violation of Florida Deceptive and Unfair Trade
Practices Act. (Section 1)
The bill does not apply to, limit, or expand requirements for agents or employees of the VA or agents or attorneys
accredited and regulated by the VA. (Section 1)
The bill provides an effective date of upon becoming a law. (Section 2)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an indeterminate negative impact on state government expenditures to the extent additional
violations of the Florida Deceptive and Unfair Trade Practices Act are prosecuted.
PRIVATE SECTOR:
May result in an indeterminate negative fiscal impact on a private provider of assistance with securing veterans’
benefits.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Department of Veterans’ Affairs (FDVA)
The FDVA is a nearly 1,500-member constitutionally chartered
1 department with a budget of $218 million for FY
2024-25.
2 FDVA operates a network of nine state veterans’ homes and provides statewide outreach to connect
veterans and their spouses with services, benefits, and support.
3 FDVA is currently required to provide benefits
and services in the fields of health care, mental health and substance abuse, claims support, education,
employment, housing, burial benefits, and legal assistance to veterans and their spouses.
4
Florida is home to 21 military installations
5 and 66,971 military personnel.
6 Florida also has the nation’s third-
largest veteran
7 population, with almost 1.4 million veterans.
8
The FDVA also annually produces the Florida Veterans’ Benefits Guide, to connect veterans and their families with
earned federal and state benefits, services, and support. The guide provides a comprehensive listing of services and
benefits for veterans in the state.
9
Veterans Claims Examiners
FDVA oversees and operates the Bureau of Veteran Claim Services (Bureau) within the Division of Veterans’
Benefits and Assistance.
10 Through the Bureau, veterans’ claims examiners assist veterans in securing earned
services, benefits, and support.
The FDVA houses claims examiner offices throughout the state and at the U.S. Department of Veterans Affairs (VA)
Regional Office in Bay Pine, each VA Medical Center, and many VA Outpatient Clinics.
11 Claims assistance is
provided at no cost and covers all state and federal veterans’ programs.
12
City and County Veteran Service Officers
City and county veteran service officers are hired locally, respectively by their local municipality or the board of
county commissioners.
13 To qualify, an applicant must be a veteran who:
Served in the active military, naval, or air service; and
Was discharged or released under honorable conditions or who later received an upgraded discharge
under honorable conditions.
The applicant must additionally have a minimum of a 2-year degree from an accredited institute of higher
education, a high school degree or its equivalent, and four years of administrative experience. A surviving spouse
may be hired if the veteran spouse meets these qualifications.
1
Art. IV, s. 11, Fla. Const.
2
Florida Department of Veterans’ Affairs, 2024 Annual Report, pg. 3 (last visited Feb. 18, 2025).
3
Florida Department of Veterans’ Affairs, Florida Department of Veterans’ Affairs – Our Vision and Mission (last visited Feb. 18,
2025).
4
Florida Department of Veterans’ Affairs, Benefits & Services (last visited Feb. 18, 2025).
5
Select Florida, Defense & Homeland Security (last visited Feb. 18, 2025).
6
Florida Commerce, Florida Military & Defense: Economic Impact Summary (January 2024) (last visited Feb. 18, 2025).
7
Section 1.01(14), F.S., defines a “veteran” as a person who served in the active military, naval, or air service and who was
discharged or released under honorable conditions, or who later received an upgraded discharge under honorable conditions.
8
U.S. Department of Veterans Affairs, National Center for Veterans Analysis and Statistics, VetPop2023 Living Veterans by State,
Age Group, Gender, 2023-2053 (last visited Feb. 18, 2025). The Veteran Population Projection Model 2023 (VetPop2023)
provides an official veteran population projection from the U.S. Department of Veterans Affairs.
9
Florida Department of Veterans’ Affairs, Florida Veterans’ Benefits Guide (last visited Feb. 18, 2025).
10
S. 20.37(2), F.S.
11
Florida Department of Veterans’ Affairs, Claims (last visited Feb. 18, 2025).
12
Id.
13
S. 292.11(1), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
The FDVA provides required training for county and city veteran service officers to assist veterans, and every
veteran service officer must successfully pass a test administered by the FDVA.
14 In addition, the FDVA requires
completion of periodic training refresher courses as a condition of continuing employment.
Federal Law on Paid Services for Benefit Assistance of Veterans
Federal law governs the payment of fees by a veteran to an accredited agent or attorney for representation in
securing federal benefits.
15 An accredited attorney or an agent may receive fees for representation before an
agency of original jurisdiction or the Board of Veterans’ Appeals, subject to limitation.
16 Any fee agreement for
providing these services must include:
The name of the veteran;
The name of the claimant or appellant if other than the veteran;
The name of any disinterested third-party payer and their relationship with the veteran, claimant, or
appellant;
The VA file number;
Specific terms under which the amount to be paid for services is determined; and
If the VA is to pay the agent or attorney directly out of past due benefits.
17
The fee agreement must also include the following statement, signed by the provider:
“I certify that no agreement, oral or otherwise, exists under which the claimant or appellant will provide
anything of value to the third-party payer in this case in return for payment of my fee or salary, including,
but not limited to, reimbursement of any fees paid.”
18
Any fee charged for services must be reasonable, based on:
The extent and type of services performed;
The complexity of the case;
The level of skill and competence required in giving the services;
The amount of time spent on the case;
The results achieved, including the amount of benefits recovered;
The level of review to which the claim was taken and the representative retained;
Rates charged by other representatives for similar services;
Whether, and to what extent, the payment of fees is contingent upon the results achieved; and
If applicable, why an agent or attorney was discharged or withdrew from representation before the date of
the decision awarding benefits.
19
A presumption of reasonableness applies if a fee does not exceed 20 percent of a past-due benefit if the
representative provided service through the date of the decision awarding benefits. If a fee exceeds 33 and 1/3
percent of a past-due benefit, it is considered unreasonable. Each presumption is disputable by showing clear and
convincing evidence.
20
Filing of a Notice of Disagreement
A Notice of Disagreement is a filing by a claimant who disagrees with the decision made by the VA on a disability
compensation claim.
21 Although the claim decision by the VA becomes certified after 30 days, it is not final until
one year after the date of the decision. Therefore, the claimant can file a Notice of Disagreement at any time up to
one year from the date of decision.
14
S. 291.11(4), F.S.
15
38 CFR s. 14.636.
16
See 38 CFR ss. 14.636(c)(1)(i) and (ii), (2)(i) and (ii).
17
38 CFR s. 14.636(g).
18
38 CFR s. 14.636(d)(2)(iii).
19
38 CFR s. 14.636(e).
20
38 CFR 14.636(f).
21
Veterans News, How to File a Notice of Disagreement on your VA Compensation Claim (last visited Feb. 18, 2025). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
Background Screening
Current law provides standard procedures for screening a prospective employee
22 where the Legislature has
determined it is necessary to conduct a criminal history background check to protect vulnerable persons.
23 Chapter
435, F.S., establishes procedures for criminal history background screening of prospective employees and outlines
the screening requirements. There are two levels of background screening: level 1 and level 2.
Level 1: Screening includes, at a minimum, employment history checks and statewide criminal
correspondence checks through the Florida Department of Law Enforcement (FDLE) and a check of
the Dru Sjodin National Sex Offender Public Website,
24 and may include criminal records checks
through local law enforcement agencies. A Level 1 screening may be paid for and conducted
through FDLE’s website, which provides immediate results.
25
Level 2: Screening includes, at a minimum, fingerprinting for statewide criminal history records
checks through FDLE and national criminal history checks through the Federal Bureau of
Investigation (FBI), and may include local criminal records checks through local law enforcement
agencies.
26
All individuals subject to background screening must be confirmed to have not been arrested for and waiting final
disposition of, been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or
been adjudicated delinquent and the record has not been sealed or expunged for, any of the 52 statutorily
enumerated offenses that are prohibited under Florida law, or similar law of another jurisdiction.
27
Current law requires some positions to be screened for additional criminal offenses due to the nature of the
position or the populations being served. For example, some positions under the authority of the Agency for Health
Care Administration are screened for additional offenses, such as financial crimes like fraud.
28
The criminal history check process does not limit disqualification based on when an offense was committed. As
such, any history of a listed offense is considered disqualifying regardless of when the offense was committed. Only
through the exemption process can some offenses be disregarded dependent on when they were committed.
Florida Deceptive and Unfair Trade Practices Act (FDUTPA)
The FDUTPA is a consumer and business protection measure that prohibits unfair methods of competition,
unconscionable acts or practices, and unfair or deceptive acts or practices in trade or commerce.
29 The FDUTPA is
based on federal law, specifically section 5 of the Federal Trade Commission Act.
30
For example, Florida has determined that the following acts or practices are unfair or deceptive:
Imposing unconscionable prices for the rental or lease of any dwelling unit or self-storage facility during a
period of declared state of emergency.
31
Failing to abide by storage requirements for personal information and notice requirements for data
breaches of such information.
32
Failing to abide by requirements for weight-loss programs.
33
22
Section. 435.02, F.S., defines an “employee” to mean any person required by law to be screened pursuant to this chapter,
including, but not limited to, persons who are contractors, licensees, or volunteers.
23
Ch. 435, F.S.
24
The Dru Sjodin National Sex Offender Public Website is a U.S. government website that links public state, territorial, and
tribal sex offender registries in one national search site. Available at www.nsopw.gov (last visited Mar, 19, 2025).
25
Florida Dept. of Law Enforcement, State of Florida Criminal History Records Check. (last visited Mar. 19, 2025).
26
S. 435.04, F.S.
27
S. 435.04(2), F.S.
28
See, s. 408.809, F.S.
29
Ss. 501.202 and 501.203(8), F.S. Trade or commerce includes the advertising, soliciting, or providing of a good or service.
30
S. 501.204(2), F.S. See also D. Matthew Allen, et. al., The Federal Character of Florida’s Deceptive and Unfair Trade Practices
Act, 65 U. Miami L. Rev. 1083 (Summer 2011).
31
S. 501.160, F.S.
32
S. 501.171, F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
The state attorney or the Department of Legal Affairs (DLA) may bring FDUTPA actions on behalf of consumers or
governmental entities.
34 The Office of the State Attorney (SAO) may enforce violations of the FDUTPA if the
violations take place in its jurisdiction.
35 The Department of Legal Affairs has enforcement authority if the violation
is multi-jurisdictional, the state attorney defers in writing, or the state attorney fails to act within 90 days after a
written complaint is filed. Consumers may also file suit through private actions.
36
The DLA and the SAO may investigate FDUTPA claims by administering oaths and affirmations, subpoenaing
witnesses or matter, and collecting evidence.
37
Claims may be enforced by declaratory judgments, injunctive relief, recovery of actual damages on behalf of
consumers and businesses, cease and desist orders, and civil penalties of up to $10,000 per willful violation.
38
The maximum civil penalty increases to $15,000 per violation if the victim is an active duty servicemember or a
veteran or the spouse or dependent child of an active duty servicemember or veteran.
39
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Intergovernmental Affairs
Subcommittee
18 Y, 0 N, As CS 3/19/2025 Darden Burgess
THE CHANGES ADOPTED BY THE
COMMITTEE:
Limited the providers’ maximum compensation to 5 months of benefits
or $12,500, whichever is less.
Required the providers’ disclosure to be made orally and in writing.
Increased the providers’ required documentation retention timeframe
from 1 year to 6 years.
Required providers to complete a level 2 background screening.
Prohibited compensation of providers before certain complaints have
been resolved.
Industries & Professional Activities
Subcommittee
Anstead Thompson
State Affairs Committee
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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33
S. 501.0579, F.S.
34
Ss. 501.207(1)(c) and (2), F.S.; see s. 501.203(2), F.S. (defining “enforcing authority” and referring to the office of the state
attorney if a violation occurs in or affects the judicial circuit under the office’s jurisdiction; or the Department of Legal Affairs if
the violation occurs in more than one circuit; or if the office of the state attorney defers to the department in writing; or fails to
act within a specified period.); see also David J. Federbush, FDUTPA for Civil Antitrust: Additional Conduct, Party, and
Geographic Coverage; State Actions for Consumer Restitution, 76 Fla. B.J. 52, Dec. 2002 (analyzing the merits of FDUPTA and the
potential for deterrence of anticompetitive conduct in Florida).
35
S. 501.203(2), F.S.
36
S. 501.211, F.S.
37
S. 501.206(1), F.S.
38
Ss. 501.207(1), 501.208, and 501.2075, F.S. Civil Penalties are deposited into general revenue. S. 501.2075, F.S. Enforcing
authorities may also request attorney fees and costs of investigation or litigation. S. 501.2105, F.S.
39
S. 501.2077(2), F.S.