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         908.113Fraud 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.