Florida Senate - 2024                                    SB 1452
       
       
        
       By Senator Torres
       
       
       
       
       
       25-01488-24                                           20241452__
    1                        A bill to be entitled                      
    2         An act relating to compensation for advising or
    3         assisting in veterans’ benefits; creating s. 295.225,
    4         F.S.; providing a short title; providing definitions;
    5         prohibiting a person from receiving compensation for
    6         advising or assisting an individual with regard to a
    7         veterans’ benefits matter except as authorized by law;
    8         providing requirements for advertising services
    9         related thereto; requiring a person who provides such
   10         services to an individual in return for compensation
   11         to enter into a written agreement with and provide a
   12         certain disclosure to such individual; providing
   13         disclosure requirements; requiring the person who
   14         provides such services to retain a copy of the
   15         disclosure for a certain period; prohibiting a person
   16         from guaranteeing an individual’s receipt of benefits,
   17         receiving excessive or unreasonable compensation, or
   18         receiving compensation for referring an individual to
   19         another person; prohibiting a person from receiving
   20         compensation for services provided before the date on
   21         which a notice of disagreement is filed; providing
   22         that a violation is a deceptive and unfair trade
   23         practice; providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 295.225, Florida Statutes, is created to
   28  read:
   29         295.225Advising or assisting in veterans’ benefits
   30  matters; receipt of compensation.—
   31         (1)This act may be cited as the “Governing Unaccredited
   32  Representatives Defrauding (GUARD) VA Benefits Act.”
   33         (2)As used in this section, the term:
   34         (a)“Compensation” means payment of any money, thing of
   35  value, or financial benefit.
   36         (b)“Person” means an individual, corporation, business
   37  trust, estate, trust, partnership, limited liability company,
   38  association, joint venture, public corporation, government,
   39  governmental subdivision, agency, or instrumentality, or any
   40  other legal or commercial entity.
   41         (c)“Veterans’ benefits matter” means the preparation,
   42  presentation, or prosecution of any claim affecting any person
   43  who has filed or expressed an intent to file a claim for any
   44  benefit, program, service, commodity, function, or status the
   45  entitlement to which is determined under the laws and
   46  regulations administered by the Department of Veterans’ Affairs
   47  or the United States Department of Veterans Affairs pertaining
   48  to veterans, their dependents, their survivors, and any other
   49  individual eligible for such benefits.
   50         (3)A person may not receive compensation for advising or
   51  assisting an individual with regard to a veterans’ benefits
   52  matter except as authorized by federal law and this section.
   53         (4)A person who advertises services in advising or
   54  assisting an individual with regard to a veterans’ benefits
   55  matter in return for compensation must provide the following
   56  disclosure in such advertisement:
   57  
   58         “This business is not sponsored by or affiliated with
   59         the United States Department of Veterans Affairs, the
   60         Florida Department of Veterans’ Affairs, or any other
   61         federally chartered veterans’ service organization.
   62         Other organizations, including, but not limited to,
   63         the Florida Department of Veterans’ Affairs, your
   64         county or city veteran service office, and other
   65         federally chartered veterans’ service organizations,
   66         may be able to provide you with these services free of
   67         charge. Products or services offered by this business
   68         are not necessarily endorsed by any of these
   69         organizations. You may qualify for other veterans’
   70         benefits beyond the services that this business
   71         offers.”
   72  
   73  If such advertisement is written, including in an electronic
   74  format, the disclosure must appear in a readily visible location
   75  on the advertisement. If such advertisement is oral, the spoken
   76  statement of the disclosure must be clear and intelligible.
   77         (5)(a)A person who provides services in advising or
   78  assisting an individual with regard to a veterans’ benefits
   79  matter in return for compensation must, before providing such
   80  services:
   81         1.Enter into a written agreement with such individual
   82  which provides the terms of the individual’s payment of fees for
   83  the services provided, which adheres to all criteria specified
   84  in 38 C.F.R. s. 14.636, and which is signed by both parties.
   85         2.Provide the following disclosure to the individual, both
   86  orally and in writing:
   87  
   88         “This business is not sponsored by or affiliated with
   89         the United States Department of Veterans Affairs, the
   90         Florida Department of Veterans’ Affairs, or any other
   91         federally chartered veterans’ service organization.
   92         Other organizations, including, but not limited to,
   93         the Florida Department of Veterans’ Affairs, your
   94         county or city veteran service office, and other
   95         federally chartered veterans’ service organizations,
   96         may be able to provide you with this service free of
   97         charge. Products or services offered by this business
   98         are not necessarily endorsed by any of these
   99         organizations. You may qualify for other veterans’
  100         benefits beyond the benefits for which you are
  101         receiving services here.”
  102  
  103  The written disclosure must appear in at least 12-point font and
  104  must appear in a readily noticeable and identifiable location in
  105  the written agreement required under subparagraph 1. The
  106  individual must verbally acknowledge understanding of the oral
  107  disclosure and must sign the document in which the written
  108  disclosure appears in order to represent understanding of the
  109  disclosure. The person providing services must retain a copy of
  110  the written disclosure while providing such services to the
  111  individual and for at least 1 year after the date on which the
  112  service relationship terminates.
  113         (b)A person may not:
  114         1.Guarantee, either directly or by implication, that an
  115  individual is certain to receive specific veterans’ benefits or
  116  that an individual is certain to receive a specific level,
  117  percentage, or amount of veterans’ benefits.
  118         2.Receive excessive or unreasonable fees as compensation
  119  for advising or assisting an individual with regard to a
  120  veterans’ benefits matter. The provisions of 38 C.F.R. s. 14.636
  121  shall govern determinations of whether a fee is excessive or
  122  unreasonable.
  123         3.Receive compensation for referring an individual to
  124  another person to advise or assist the individual with regard to
  125  a veterans’ benefits matter.
  126         (6)If an individual to whom a person provides services
  127  under this section in return for compensation files a notice of
  128  disagreement pursuant to Title 38 C.F.R., the person who
  129  provided such services may not receive compensation for any
  130  services provided to such individual before the date on which
  131  the notice is filed.
  132         (7)A violation of this section is a deceptive and unfair
  133  trade practice and constitutes a violation of the Florida
  134  Deceptive and Unfair Trade Practices Act under part II of
  135  chapter 501.
  136         Section 2. This act shall take effect upon becoming a law.