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FL H1351
Bill
Status
3/8/2024
Primary Sponsor
Local Administration, Federal Affairs & Special Districts Subcommittee
Click for details
AI Summary
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Creates s. 295.225, F.S., titled the "Governing Unaccredited Representatives Defrauding (GUARD) VA Benefits Act," prohibiting any person from receiving compensation for preparing, presenting, or prosecuting veterans' benefits claims or advising/assisting individuals on such matters unless authorized under federal law (Title 38, U.S.C.)
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Prohibits receiving compensation for referring an individual to another person for veterans' benefits claim services, though fee-splitting between lawyers remains permitted under ABA Model Rules of Professional Conduct, Rule 1.5(e)
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Requires any person receiving compensation for veterans' benefits services to comply with the same ethical standards as Florida Bar attorneys, including rules on advertising, client solicitation, confidentiality, duty of care, duty of honesty, and duty to zealously pursue clients' best interests
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Classifies any violation of the act as a deceptive and unfair trade practice under the Florida Deceptive and Unfair Trade Practices Act (Part II, Chapter 501)
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Takes effect upon becoming law, with a severability clause ensuring remaining provisions survive if any portion is held invalid
Legislative Description
Compensation for Advising or Assisting in Veterans' Benefits
Last Action
Died in Judiciary Committee
3/8/2024