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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 compensation for advising or 2
assisting in veterans' benefits; creating s. 295.225, 3
F.S.; providing a short title; providing purpose; 4
providing definitions; prohibiting a person from 5
receiving compensation for preparation, presentation, 6
or prosecution of a claim or advising or assisting an 7
individual with regard to a veterans' benefits matter 8
except as authorized by federal law; prohibit ing a 9
person from receiving compensation for referring an 10
individual to another person for such services; 11
providing construction; requiring a person who 12
receives compensation for such services to be held to 13
certain standards in the rules regulating The Flo rida 14
Bar; providing that a violation is a deceptive and 15
unfair trade practice; providing severability; 16
providing an effective date. 17
18
Be It Enacted by the Legislature of the State of Florida: 19
20
Section 1. Section 295.225, Florida Statutes, is created 21
to read: 22
295.225 Advising or assisting in veterans' benefits 23
matters; receipt of compensation. — 24
(1) This act may be cited as the "Governing Unaccredited 25
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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
Representatives Defrauding (GUARD) VA Benefits Act." 26
(2) The purpose of this act is to provide a cause of 27
action under the laws of this state to prevent unethical conduct 28
and improper collection of fees by persons advising or assisting 29
an individual with the filing of claims for disability benefits 30
before the Department of Veterans' Affairs or the Un ited States 31
Department of Veterans Affairs. 32
(3) As used in this section, the term: 33
(a) "Compensation" means payment of any money, thing of 34
value, or financial benefit. 35
(b) "Person" means an individual, corporation, business 36
trust, estate, trust, part nership, limited liability company, 37
joint venture, public corporation, or any other legal or for -38
profit commercial entity. 39
(c) "Veterans' benefits matter" means the preparation, 40
presentation, or prosecution of any claim affecting any person 41
who has filed or expressed an intent to file a claim for any 42
benefit, program, service, commodity, function, or status the 43
entitlement to which is determined under the laws and 44
regulations administered by the Department of Veterans' Affairs 45
or the United States Departm ent of Veterans Affairs pertaining 46
to veterans, their dependents, their survivors, and any other 47
individual eligible for such benefits. 48
(4)(a) A person may not receive compensation for 49
preparation, presentation, or prosecution of a claim or 50
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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
advising, consulting, or assisting an individual with regard to 51
a veterans' benefits matter before the Department of Veterans' 52
Affairs or the United States Department of Veterans Affairs, 53
except as permitted under Title 38, U.S.C., and the Code of 54
Federal Regulations. 55
(b)1. A person may not receive compensation for referring 56
an individual to another person to prepare, present, or 57
prosecute a claim or advise, consult, or assist such individual 58
with a veterans' benefits matter before the Department of 59
Veterans' Affairs or the United States Department of Veterans 60
Affairs. 61
2. Notwithstanding subparagraph 1., this subsection does 62
not prohibit a division of fees between lawyers which is 63
otherwise proper pursuant to the American Bar Association's 64
Model Rules of Professional Conduct, Rule 1.5(e). 65
(5) A person who receives compensation for preparation, 66
presentation, or prosecution of a claim or advising, consulting, 67
or assisting an individual with regard to a veterans' benefits 68
matter before the Department of Veterans' Affai rs or the United 69
States Department of Veterans Affairs shall be held to the same 70
ethical standards to which an attorney is held in the rules 71
regulating The Florida Bar regarding the following: 72
(a) Advertising. 73
(b) Solicitation of new clients. 74
(c) Confidentiality. 75
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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
(d) Duty of care. 76
(e) Duty of honesty. 77
(f) Duty to zealously pursue what is in the best interest 78
of his or her client. 79
(6) A violation of this section is a deceptive and unfair 80
trade practice and constitutes a violation of the Flor ida 81
Deceptive and Unfair Trade Practices Act under part II of 82
chapter 501. 83
Section 2. If any provision of this act or the application 84
thereof to any person or circumstance is held invalid, the 85
invalidity does not affect other provisions or applications of 86
the act that can be given effect without the invalid provision 87
or application, and to this end the provisions of this act are 88
severable. 89
Section 3. This act shall take effect upon becoming a law. 90