(1)DEFINITIONS. — As used in this section, the term:
(a)“Compensation” means payment of any money, thing of value, or economic benefit conferred on or received by a person in return for services rendered or to be rendered.
(b)“Provider” means an entity or individual assisting veterans with veterans’ benefits matters.
(c)“Veteran” has the same meaning as in s. 1.01(14) and includes eligible peacetime service as defined in s. 296.02.
(d)“Veterans’ benefits matter” means the preparation, presentation, or prosecution of a veteran’s claim, or a claim by the veteran’s spouse, dependent child, or any other individual eligible for any benefit, program, service, commodity, function, status, or entitlement under the laws and regulations administered by the Department of Veterans’ Affairs or the
Free access — add to your briefcase to read the full text and ask questions with AI
(1) DEFINITIONS. — As used in this section, the term: (a) “Compensation” means payment of any money, thing of value, or economic benefit conferred on or received by a person in return for services rendered or to be rendered. (b) “Provider” means an entity or individual assisting veterans with veterans’ benefits matters. (c) “Veteran” has the same meaning as in s. 1.01(14) and includes eligible peacetime service as defined in s. 296.02. (d) “Veterans’ benefits matter” means the preparation, presentation, or prosecution of a veteran’s claim, or a claim by the veteran’s spouse, dependent child, or any other individual eligible for any benefit, program, service, commodity, function, status, or entitlement under the laws and regulations administered by the Department of Veterans’ Affairs or the United States Department of Veterans Affairs.
(2) LIMITS ON COMPENSATION; TERMS OF ENGAGEMENT; WRITTEN DISCLOSURE. — (a) A person may not receive compensation for referring an individual to a provider who will advise, assist, or consult with the individual regarding any veterans’ benefits matter. (b) A provider may receive compensation for services rendered in connection with a claim filed within the 1-year presumptive period after active-duty release as determined by the United States Department of Veterans Affairs only if the veteran acknowledges, by signing a waiver, that he or she is within the presumptive period and is choosing to deny the free services available to him or her. (c) A provider seeking compensation for advising, assisting, or consulting with an individual regarding any veterans’ benefits matter must, before rendering services, enter into a written agreement, signed by both parties, which: 1. Memorializes the specific terms under which the compensation will be determined; and 2. Provides that compensation for such services is contingent upon securing an increase in benefits awarded as a direct result of such services. Any such compensation may not exceed the lesser of four times the amount of the monthly increase in benefits awarded based on the claim or $12,500, and must be paid out according to the specific terms agreed to by both parties in accordance with subparagraph 1. (d)1. A provider who advises, assists, or consults on veterans’ benefits matters for compensation shall provide the following disclosure, both orally and in writing, before entering into a business relationship with an individual: This business is not sponsored by or affiliated with the Florida Department of Veterans’ Affairs, the United States Department of Veterans Affairs, or any other federally chartered veterans’ service organization. Other organizations, including, but not limited to, the Florida Department of Veterans’ Affairs, a local veterans’ service organization, and other federally chartered veterans’ service organizations, may be able to provide you with this service free of charge. Products or services offered by this business are not necessarily endorsed by any of these organizations. You may qualify for other veterans’ benefits beyond the benefits for which you are receiving services here. 2. The written disclosure must appear in a clearly legible font in at least 12-point type immediately above the signature line and must be signed by the individual to signify that he or she understands the oral and written disclosures’ provisions. The provider shall retain a copy of the written disclosure while providing veterans’ benefits services to the individual for compensation and for at least 6 years after the date on which the services provided under the agreement terminate. (e) A provider who advises, assists, or consults on a veterans’ benefits matter may not charge an initial or nonrefundable fee. Any charge for interest on any payment plan agreed to by the parties is prohibited.
(3) DEATH OF VETERAN CLAIMANT. — If a veteran claimant dies before a claim is processed: (a) Any expected compensation must be waived and a charge, fee, or debt may not be collected; and (b) Any payment plan for services rendered must be terminated immediately.
(4) PROHIBITIONS. — (a) A provider may not guarantee, either directly or by implication, a successful outcome or that an individual is certain to receive specific veterans’ benefits or a specific level, percentage, or amount of veterans’ benefits. (b) A provider who advises, assists, or consults on veterans’ benefits matters for compensation: 1. May not use an international call center or data center to directly solicit a veteran to enter into a business relationship with the provider or process a veteran’s personal information. 2. May not use a veteran’s personal log-in, username, or password information to access that veteran’s medical, financial, or government benefits information. 3. May not employ a medical provider to conduct a secondary medical examination of the veteran.
(5) BACKGROUND SCREENING. — A provider must ensure that all individuals who directly assist a veteran in a veterans’ benefits matter complete a level 2 background screening that screens for any offenses identified in s. 408.809(4) or s. 435.04(2)(d), (e), or (oo) or (4) before entering into any agreement with a veteran for veterans’ benefits matters. An individual must submit a full set of fingerprints to the Department of Law Enforcement or to a vendor, entity, or agency authorized by s. 943.053(13), which shall forward the fingerprints to the Department of Law Enforcement for state processing. The Department of Veterans’ Affairs shall transmit the background screening results to the provider, which results must indicate whether an individual’s background screening contains any of the offenses listed in this subsection. Fees for state and federal fingerprint processing must be borne by the provider or individual. The state cost for fingerprint processing is as provided in s. 943.053(3)(e). This subsection does not imply endorsement, certification, or regulation of providers by the Department of Veterans’ Affairs.
(6) DOCUMENTATION. — A provider must provide copies of all fully executed documents required by subsection (2) to the veteran being assisted in the veterans’ benefits matters and maintain a copy of all fully executed documents for 6 years.
(7) COMPLAINT. — If a veteran who receives services from a provider under this section in return for compensation files a complaint with the Consumer Protection Division of the Office of the Attorney General based on alleged absence of good faith as defined in s. 673.1031(1), and if such veteran does not receive a monthly monetary increase as a direct result of such provider’s services, the provider may not receive compensation for any services provided to such individual before the resolution of the complaint.
(8) PENALTIES. — A violation of this section constitutes a violation of the Florida Deceptive and Unfair Trade Practices Act under part II of this chapter. Violators may be subject to penalties provided in that part, including s. 501.2077 for violations against a military servicemember or his or her spouse or dependent child.
(9) CONSTRUCTION. — This section may not be construed as applying to, limiting, or expanding the requirements imposed on agents or employees of the Department of Veterans’ Affairs or agents or attorneys accredited by the United States Department of Veterans Affairs and regulated by that agency.