Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for SB 846
Ì610758BÎ610758
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/16/2025 .
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The Committee on Rules (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, and subsection (10) of that section is
7 republished, to read:
8 117.05 Use of notary commission; unlawful use; notary fee;
9 seal; duties; employer liability; name change; advertising;
10 photocopies; penalties.—
11 (10) A notary public who is not an attorney who advertises
12 the services of a notary public in a language other than
13 English, whether by radio, television, signs, pamphlets,
14 newspapers, or other written communication, with the exception
15 of a single desk plaque, shall post or otherwise include with
16 the advertisement a notice in English and in the language used
17 for the advertisement. The notice shall be of a conspicuous
18 size, if in writing, and shall state: “I AM NOT AN ATTORNEY
19 LICENSED TO PRACTICE LAW IN THE STATE OF FLORIDA, AND I MAY NOT
20 GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.” If the
21 advertisement is by radio or television, the statement may be
22 modified but must include substantially the same message.
23 (11)(a) Literal translation of the phrase “Notary Public”
24 into a language other than English is prohibited in an
25 advertisement for notarial services.
26 (b) A notary public who is not authorized to represent a
27 person in an immigration matter may not, when advertising his or
28 her notary public services, use the terms notario público,
29 notario, immigration assistant, immigration consultant, or
30 immigration specialist, or any other designation or title, in
31 any language, which conveys or implies that he or she possesses
32 professional legal skills in immigration law.
33 Section 2. Section 117.051, Florida Statutes, is created to
34 read:
35 117.051 Civil cause of action.—A person aggrieved by a
36 violation of s. 117.05(10) or (11) has a civil cause of action
37 against the entity violating such provision for, where
38 appropriate:
39 (1) Declaratory or injunctive relief.
40 (2) Actual damages.
41 (3) Reasonable attorney fees and costs.
42 Section 3. Section 501.1391, Florida Statutes, is created
43 to read:
44 501.1391 Fraud prevention in the advertisement of
45 immigration services.—
46 (1) A business or person offering immigration services,
47 other than a person holding an active license to practice law in
48 this state or otherwise permitted to practice law or represent
49 others under federal law in an immigration matter, must post on
50 the business’s or person’s main website and at the business’s or
51 person’s place of business, in English and in every other
52 language in which the business or person provides or offers
53 immigration services, conspicuous notices with the following
54 statement:
55
56 I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY
57 NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.
58 I AM NOT ACCREDITED TO REPRESENT YOU IN IMMIGRATION
59 MATTERS.
60
61 (2) A person aggrieved by a violation of subsection (1) has
62 a civil cause of action against the person or business violating
63 such provision for, where appropriate:
64 (a) Declaratory or injunctive relief.
65 (b) Actual damages.
66 (c) Reasonable attorney fees and costs.
67 Section 4. This act shall take effect July 1, 2025.
68
69 ================= T I T L E A M E N D M E N T ================
70 And the title is amended as follows:
71 Delete everything before the enacting clause
72 and insert:
73 A bill to be entitled
74 An act relating to advertisements for representation
75 services; amending s. 117.05, F.S.; prohibiting
76 notaries public from using specified terms to describe
77 themselves under certain circumstances; creating s.
78 117.051, F.S.; creating a civil cause of action for
79 declaratory or injunctive relief and to recover
80 damages and attorney fees and costs; creating s.
81 501.1391, F.S.; requiring certain businesses or
82 persons offering immigration services to post a
83 conspicuous notice with a specified statement;
84 creating a civil cause of action for declaratory or
85 injunctive relief and to recover damages and attorney
86 fees and costs; providing an effective date.