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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to veterans' benefits assistance; 2
amending s. 435.02, F.S.; revising the definition of 3
the term "specified agency"; creating s. 501.9741, 4
F.S.; providing definitions; prohibiting a person from 5
receiving compensation for referring an individ ual to 6
a provider for advising, assisting, or consulting on 7
any veterans' benefits matter; authorizing a provider 8
to receive compensation only for services rendered 9
during a specified period only under certain 10
circumstances; requiring that, before such ser vices 11
are rendered, a written agreement, which must include 12
specified information, be signed by both parties; 13
requiring that persons who advise, assist, or consult 14
on veterans' benefits matters for compensation provide 15
a specified oral and written disclosu re before 16
entering into a business relationship with a client; 17
providing requirements for such disclosure; 18
prohibiting a provider who advises, assists, or 19
consults on veterans' benefits matters from charging 20
certain fees; prohibiting the charging of intere st on 21
payment plans; providing requirements in the event of 22
the death of a veteran claimant; prohibiting certain 23
guarantees; prohibiting a provider who advises, 24
assists, or consults on veterans' benefits matters for 25
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compensation from taking certain actions ; requiring a 26
provider to ensure that individuals who directly 27
assist a veteran in a veterans' benefits matter 28
complete a specified background screening before 29
entering into an agreement with a veteran for a 30
veterans' benefits matter; providing requirement s; 31
providing construction; requiring a provider to 32
provide copies of certain documents to the veteran and 33
maintain a copy of such documents pursuant to 34
specified provisions; prohibiting a person who 35
provides services from receiving compensation under 36
certain circumstances and until certain conditions are 37
met; providing that a violation is a deceptive and 38
unfair trade practice which may be subject to 39
specified penalties; providing construction; providing 40
an effective date. 41
42
Be It Enacted by the Legislatu re 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
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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), a nd 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 501.97 41, 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 receiv ed 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
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(c) "Veteran" has the same meaning as in s. 1.01(14) and 76
includes eligible peacetime serv ice 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 a nd 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
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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 indivi dual: 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
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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 disclosure provisions. The 133
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 an d 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 indi vidual is 150
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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 vet eran's medical, 160
financial, or government benefits information. 161
3. May not employ a medical provider to conduct a 162
secondary medical examination of the veteran. 163
(5) BACKGROUND SCREENING. —A provider must ensure that all 164
individuals who directly assist a v eteran in a veterans' 165
benefits matter complete a level 2 background screening that 166
screens for any offenses identified in ss. 408.809(4) or 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
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must indicate whether an individual's background screening 176
contains any of the offenses listed in this subsection. Fees for 177
state and federal finge rprint 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 an individual before the 194
resolution of the complain t. 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
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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 o r 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. 207