Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 846
Ì496196RÎ496196
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/25/2025 .
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The Committee on Commerce and Tourism (Polsky) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (11) of section 117.05, Florida
6 Statutes, is amended to read:
7 117.05 Use of notary commission; unlawful use; notary fee;
8 seal; duties; employer liability; name change; advertising;
9 photocopies; penalties.—
10 (11) Literal translation of the phrase “Notary Public” into
11 a language other than English is prohibited in an advertisement
12 for notarial services. A person who violates this subsection is
13 subject to the penalties in s. 117.107(13)(b).
14 Section 2. Subsection (13) is added to section 117.107,
15 Florida Statutes, to read:
16 117.107 Prohibited acts.—
17 (13)(a) A notary public, who does not hold an active
18 license to practice law in a state, territory, or jurisdiction
19 of the United States and is not otherwise authorized to practice
20 law or represent others under federal law in an immigration
21 matter, may not, when advertising his or her notary public
22 services, use the term notario público, notario, immigration
23 assistant, immigration consultant, immigration specialist, or
24 any other designation or title, in any language, which conveys
25 or implies that he or she possesses professional legal skills in
26 immigration law.
27 (b) For a violation of paragraph (a) or s. 117.05(11):
28 1. The Attorney General, a state attorney, or a city
29 attorney may file suit against the appropriate party in a court
30 of competent jurisdiction for declaratory or injunctive relief.
31 2. An aggrieved person or an entity may, in an appropriate
32 state court, bring a civil action for injunctive relief or to
33 recover for actual monetary loss from such a violation, plus an
34 amount equal to treble the amount of actual damages or $1,000
35 per violation, whichever is greater.
36 3. If a person or an entity prevails in a civil action for
37 injunctive relief, the person or entity is entitled to recover
38 reasonable attorney fees and costs.
39 Section 3. Subsection (2) of section 908.107, Florida
40 Statutes, is amended to read:
41 908.107 Enforcement.—
42 (2) In addition, The Attorney General, a state attorney, or
43 a city attorney may file suit against a local governmental
44 entity, or local law enforcement agency, or any other
45 appropriate party in a court of competent jurisdiction for
46 declaratory or injunctive relief for a violation of this
47 chapter.
48 Section 4. Section 908.113, Florida Statutes, is created to
49 read:
50 908.113 Fraud protection.—
51 (1) Persons may not, other than those licensed to practice
52 law in a state, territory, or jurisdiction of the United States
53 or otherwise authorized to practice law or represent others
54 under federal law in an immigration matter, engage in the
55 practice of law in an immigration matter for compensation.
56 (2) Persons may not, other than those licensed to practice
57 law in a state, territory, or jurisdiction of the United States
58 or otherwise authorized to practice law or represent others
59 under federal law in an immigration matter, engage in the
60 following acts or practices for compensation:
61 (a) Selecting or assisting another in selecting, or
62 advising another in selecting, a benefit, visa, or program to
63 apply for in an immigration matter.
64 (b) Soliciting to prepare documents for, or otherwise
65 representing the interests of, another in a judicial or
66 administrative proceeding in an immigration matter.
67 (c) Explaining, advising, or otherwise interpreting the
68 meaning or intent of a question on a governmental agency form in
69 an immigration matter.
70 (d) Charging a fee for referring another to a person
71 licensed to practice law that such person may perform.
72 (e) Selecting, drafting, or completing legal documents
73 affecting the legal rights of another in an immigration matter.
74 (3) A person or business offering immigration services,
75 other than those persons or businesses holding active licenses
76 to practice law in this state or otherwise permitted to practice
77 law or represent others under federal law in an immigration
78 matter, must post conspicuous notices on its main website and at
79 its place of business in English and every other language in
80 which the person or business proves or offers immigration
81 assistance with the following statement:
82
83 I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY
84 NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.
85 I AM NOT ACCREDITED TO REPRESENT YOU IN IMMIGRATION
86 MATTERS.
87
88 (4) Persons may not, other than those holding an active
89 license to practice law in a state of the United States or
90 otherwise authorized to practice law or represent others under
91 federal law in an immigration matter, engage in the following
92 acts or practices, regardless of whether compensation is sought:
93 (a) Representing, either orally or in any document,
94 letterhead, advertisement, stationery, business card, website,
95 or other comparable written material, that he or she is a
96 notario público, notario, immigration assistant, immigration
97 consultant, immigration specialist, or using any other
98 designation or title, in any language, that conveys or implies
99 that he or she possesses professional legal skills in the area
100 of immigration law.
101 (b) Representing, in any language, either orally or in any
102 document, letterhead, advertisement, stationery, business card,
103 website, or other comparable written material, that he or she
104 can or is willing to provide services in an immigration matter,
105 if such services would constitute the practice of law.
106 (5)(a) The prohibitions of subsections (1)-(4) do not apply
107 to the activities of nonlawyer assistants acting under the
108 supervision of a person holding an active license to practice
109 law in this state or otherwise authorized to practice law or
110 represent others under federal law in an immigration matter.
111 (b) This section does not prohibit a person from offering
112 translation or interpretation services, regardless of whether
113 compensation is sought. Translating words contained on a
114 governmental form from English to another language and
115 translating a person’s words from another language to English
116 does not constitute the unauthorized practice of law.
117 Section 5. This act shall take effect July 1, 2025.
118
119 ================= T I T L E A M E N D M E N T ================
120 And the title is amended as follows:
121 Delete everything before the enacting clause
122 and insert:
123 A bill to be entitled
124 An act relating to notary public fraud; amending s.
125 117.05, F.S.; prohibiting the literal translation of
126 the phrase “Notary Public” into a language other than
127 English; specifying the applicable penalties for
128 violations; amending s. 117.107, F.S.; prohibiting
129 notaries public from using specified terms to describe
130 themselves under certain circumstances; authorizing
131 declaratory or injunctive relief and civil actions for
132 injunctive relief or to recover damages; providing for
133 the recovery of attorney fees and costs; amending s.
134 908.107, F.S.; authorizing certain entities to file
135 suit for declaratory or injunctive relief for certain
136 violations; creating s. 908.113, F.S.; prohibiting
137 certain persons from engaging in the practice of law
138 in immigration matters for compensation or engaging in
139 specified acts or practices for compensation in
140 immigration matters; providing exceptions; requiring
141 certain persons or businesses offering immigration
142 assistance to make a specified disclosure; providing
143 applicability; providing construction; providing an
144 effective date.