FL
Florida House Bill H1351

Florida 2024 Regular Session

Florida House Bill H1351 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to compensation for advising or 2
1616 assisting in veterans' benefits; creating s. 295.225, 3
1717 F.S.; providing a short title; providing purpose; 4
1818 providing definitions; prohibiting a person from 5
1919 receiving compensation for preparation, presentation, 6
2020 or prosecution of a claim or advising or assisting an 7
2121 individual with regard to a veterans' benefits matter 8
2222 except as authorized by federal law; prohibiting a 9
2323 person from receiving compensation for referring an 10
2424 individual to another person for such services; 11
2525 providing construction; requiring a person who 12
2626 receives compensation for such services to be held to 13
2727 certain standards in the rules regulating The Florida 14
2828 Bar; providing that a violation is a deceptive and 15
2929 unfair trade practice; providing severability; 16
3030 providing an effective date. 17
3131 18
3232 Be It Enacted by the Legislature of the State of Florida: 19
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3434 Section 1. Section 295.225, Florida Statutes, is created 21
3535 to read: 22
3636 295.225 Advising or assisting in veterans' benefits 23
3737 matters; receipt of compensation. — 24
3838 (1) This act may be cited as the "Governing Unaccredited 25
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4747 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
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5151 Representatives Defrauding (GUARD) VA Benefits Act." 26
5252 (2) The purpose of this act is to provide a cause of 27
5353 action under the laws of this state to prevent unethical conduct 28
5454 and improper collection of fees by persons advising or assisting 29
5555 an individual with the filing of claims for disability benefits 30
5656 before the Department of Veterans' Affairs or the United Stat es 31
5757 Department of Veterans Affairs. 32
5858 (3) As used in this section, the term: 33
5959 (a) "Compensation" means payment of any money, thing of 34
6060 value, or financial benefit. 35
6161 (b) "Person" means an individual, corporation, business 36
6262 trust, estate, trust, partnership, limited liability company, 37
63-joint venture, public corporation, or any other legal or for -38
64-profit commercial entity. 39
65- (c) "Veterans' benefits matter" means the preparation, 40
66-presentation, or prosecution of any claim affecting any person 41
67-who has filed or expressed an intent to file a claim for any 42
68-benefit, program, service, commodity, function, or status the 43
69-entitlement to which is determined under the laws and 44
70-regulations administered by the Department of Veterans' Affairs 45
71-or the United States Departm ent of Veterans Affairs pertaining 46
72-to veterans, their dependents, their survivors, and any other 47
73-individual eligible for such benefits. 48
74- (4)(a) A person may not receive compensation for 49
75-preparation, presentation, or prosecution of a claim or 50
63+association, joint venture, public corporation, government, 38
64+governmental subdivision, agency, or instrumentality, or any 39
65+other legal or commercial entity. 40
66+ (c) "Veterans' benefits matter" means the preparation, 41
67+presentation, or prosecution of any claim affecting any person 42
68+who has filed or expressed an intent to file a claim for any 43
69+benefit, program, service, commodity, function, or status the 44
70+entitlement to which is determined under the laws and 45
71+regulations administered by the D epartment of Veterans' Affairs 46
72+or the United States Department of Veterans Affairs pertaining 47
73+to veterans, their dependents, their survivors, and any other 48
74+individual eligible for such benefits. 49
75+ (4)(a) A person may not receive compensation for 50
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8484 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
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88-advising, consulting, or assisting an individual with regard to 51
89-a veterans' benefits matter before the Department of Veterans' 52
90-Affairs or the United States Department of Veterans Affairs, 53
91-except as permitted under Title 38, U.S.C., and the Code of 54
92-Federal Regulations. 55
93- (b)1. A person may not receive compensation for referring 56
94-an individual to another person to prepare, present, or 57
95-prosecute a claim or advise, consult, or assist such individual 58
96-with a veterans' benefits matter before the Department of 59
97-Veterans' Affairs or the United States Department of Veterans 60
98-Affairs. 61
99- 2. Notwithstanding subparagraph 1., this subsection does 62
100-not prohibit a division of fees between lawyers which is 63
101-otherwise proper pursuant to the American Bar Association's 64
102-Model Rules of Professional Conduct, Rule 1.5(e). 65
103- (5) A person who receives compensation for preparation, 66
104-presentation, or prosecution of a claim or advising, consulting, 67
105-or assisting an individual with regard to a veterans' benefits 68
106-matter before the Department of Veterans' Affai rs or the United 69
107-States Department of Veterans Affairs shall be held to the same 70
108-ethical standards to which an attorney is held in the rules 71
109-regulating The Florida Bar regarding the following: 72
110- (a) Advertising. 73
111- (b) Solicitation of new clients. 74
112- (c) Confidentiality. 75
88+preparation, presentation, or prosecution of a claim or 51
89+advising, consulting, or assisting an individual with regard to 52
90+a veterans' benefits matter before the Department of Veterans' 53
91+Affairs or the United States Department of Veterans Affairs, 54
92+except as permitted un der Title 38, U.S.C., and the Code of 55
93+Federal Regulations. 56
94+ (b)1. A person may not receive compensation for referring 57
95+an individual to another person to prepare, present, or 58
96+prosecute a claim or advise, consult, or assist such individual 59
97+with a veterans' benefits matter before the Department of 60
98+Veterans' Affairs or the United States Department of Veterans 61
99+Affairs. 62
100+ 2. Notwithstanding subparagraph 1., this subsection does 63
101+not prohibit a division of fees between lawyers which is 64
102+otherwise proper pursuant to the American Bar Association's 65
103+Model Rules of Professional Conduct, Rule 1.5(e). 66
104+ (5) A person who receives compensation for preparation, 67
105+presentation, or prosecution of a claim or advising, consulting, 68
106+or assisting an individual with regard to a veteran s' benefits 69
107+matter before the Department of Veterans' Affairs or the United 70
108+States Department of Veterans Affairs shall be held to the same 71
109+ethical standards to which an attorney is held in the rules 72
110+regulating The Florida Bar regarding the following: 73
111+ (a) Advertising. 74
112+ (b) Solicitation of new clients. 75
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121121 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
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125- (d) Duty of care. 76
126- (e) Duty of honesty. 77
127- (f) Duty to zealously pursue what is in the best interest 78
128-of his or her client. 79
129- (6) A violation of this section is a deceptive and unfair 80
130-trade practice and constitutes a violation of the Flor ida 81
131-Deceptive and Unfair Trade Practices Act under part II of 82
132-chapter 501. 83
133- Section 2. If any provision of this act or the application 84
134-thereof to any person or circumstance is held invalid, the 85
135-invalidity does not affect other provisions or applications of 86
136-the act that can be given effect without the invalid provision 87
137-or application, and to this end the provisions of this act are 88
138-severable. 89
139- Section 3. This act shall take effect upon becoming a law. 90
125+ (c) Confidentiality. 76
126+ (d) Duty of care. 77
127+ (e) Duty of honesty. 78
128+ (f) Duty to zealously pursue what is in the best interest 79
129+of his or her client. 80
130+ (6) A violation of this section is a deceptive and unfai r 81
131+trade practice and constitutes a violation of the Florida 82
132+Deceptive and Unfair Trade Practices Act under part II of 83
133+chapter 501. 84
134+ Section 2. If any provision of this act or the application 85
135+thereof to any person or circumstance is held invalid, the 86
136+invalidity does not affect other provisions or applications of 87
137+the act that can be given effect without the invalid provision 88
138+or application, and to this end the provisions of this act are 89
139+severable. 90
140+ Section 3. This act shall take effect upon becoming a law. 91