Florida Senate - 2025                              CS for SB 846
       
       
        
       By the Committee on Commerce and Tourism; and Senator Polsky
       
       
       
       
       
       577-02810-25                                           2025846c1
    1                        A bill to be entitled                      
    2         An act relating to notary public fraud; amending s.
    3         117.05, F.S.; prohibiting the literal translation of
    4         the phrase “Notary Public” into a language other than
    5         English; specifying the applicable penalties for
    6         violations; amending s. 117.107, F.S.; prohibiting
    7         notaries public from using specified terms to describe
    8         themselves under certain circumstances; authorizing
    9         declaratory or injunctive relief and civil actions for
   10         injunctive relief or to recover damages; providing for
   11         the recovery of attorney fees and costs; amending s.
   12         908.107, F.S.; authorizing certain entities to file
   13         suit for declaratory or injunctive relief for certain
   14         violations; creating s. 908.113, F.S.; prohibiting
   15         certain persons from engaging in the practice of law
   16         in immigration matters for compensation or engaging in
   17         specified acts or practices for compensation in
   18         immigration matters; providing exceptions; requiring
   19         certain persons or businesses offering immigration
   20         assistance to make a specified disclosure; providing
   21         applicability; providing construction; providing an
   22         effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsection (11) of section 117.05, Florida
   27  Statutes, is amended to read:
   28         117.05 Use of notary commission; unlawful use; notary fee;
   29  seal; duties; employer liability; name change; advertising;
   30  photocopies; penalties.—
   31         (11) Literal translation of the phrase “Notary Public” into
   32  a language other than English is prohibited in an advertisement
   33  for notarial services. A person who violates this subsection is
   34  subject to the penalties in s. 117.107(13)(b).
   35         Section 2. Subsection (13) is added to section 117.107,
   36  Florida Statutes, to read:
   37         117.107 Prohibited acts.—
   38         (13)(a)A notary public, who does not hold an active
   39  license to practice law in a state, territory, or jurisdiction
   40  of the United States and is not otherwise authorized to practice
   41  law or represent others under federal law in an immigration
   42  matter, may not, when advertising his or her notary public
   43  services, use the term notario público, notario, immigration
   44  assistant, immigration consultant, immigration specialist, or
   45  any other designation or title, in any language, which conveys
   46  or implies that he or she possesses professional legal skills in
   47  immigration law.
   48         (b)For a violation of paragraph (a) or s. 117.05(11):
   49         1.The Attorney General, a state attorney, or a city
   50  attorney may file suit against the appropriate party in a court
   51  of competent jurisdiction for declaratory or injunctive relief.
   52         2.An aggrieved person or an entity may, in an appropriate
   53  state court, bring a civil action for injunctive relief or to
   54  recover for actual monetary loss from such a violation, plus an
   55  amount equal to treble the amount of actual damages or $1,000
   56  per violation, whichever is greater.
   57         3.If a person or an entity prevails in a civil action for
   58  injunctive relief, the person or entity is entitled to recover
   59  reasonable attorney fees and costs.
   60         Section 3. Subsection (2) of section 908.107, Florida
   61  Statutes, is amended to read:
   62         908.107 Enforcement.—
   63         (2) In addition, The Attorney General, a state attorney, or
   64  a city attorney may file suit against a local governmental
   65  entity, or local law enforcement agency, or any other
   66  appropriate party in a court of competent jurisdiction for
   67  declaratory or injunctive relief for a violation of this
   68  chapter.
   69         Section 4. Section 908.113, Florida Statutes, is created to
   70  read:
   71         908.113Fraud protection.—
   72         (1)Persons may not, other than those licensed to practice
   73  law in a state, territory, or jurisdiction of the United States
   74  or otherwise authorized to practice law or represent others
   75  under federal law in an immigration matter, engage in the
   76  practice of law in an immigration matter for compensation.
   77         (2)Persons may not, other than those licensed to practice
   78  law in a state, territory, or jurisdiction of the United States
   79  or otherwise authorized to practice law or represent others
   80  under federal law in an immigration matter, engage in the
   81  following acts or practices for compensation:
   82         (a)Selecting or assisting another in selecting, or
   83  advising another in selecting, a benefit, visa, or program to
   84  apply for in an immigration matter.
   85         (b)Soliciting to prepare documents for, or otherwise
   86  representing the interests of, another in a judicial or
   87  administrative proceeding in an immigration matter.
   88         (c)Explaining, advising, or otherwise interpreting the
   89  meaning or intent of a question on a governmental agency form in
   90  an immigration matter.
   91         (d)Charging a fee for referring another to a person
   92  licensed to practice law that such person may perform.
   93         (e)Selecting, drafting, or completing legal documents
   94  affecting the legal rights of another in an immigration matter.
   95         (3)A person or business offering immigration services,
   96  other than those persons or businesses holding active licenses
   97  to practice law in this state or otherwise permitted to practice
   98  law or represent others under federal law in an immigration
   99  matter, must post conspicuous notices on its main website and at
  100  its place of business in English and every other language in
  101  which the person or business proves or offers immigration
  102  assistance with the following statement:
  103  
  104         I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY
  105         NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.
  106         I AM NOT ACCREDITED TO REPRESENT YOU IN IMMIGRATION
  107         MATTERS.
  108  
  109         (4)Persons may not, other than those holding an active
  110  license to practice law in a state of the United States or
  111  otherwise authorized to practice law or represent others under
  112  federal law in an immigration matter, engage in the following
  113  acts or practices, regardless of whether compensation is sought:
  114         (a)Representing, either orally or in any document,
  115  letterhead, advertisement, stationery, business card, website,
  116  or other comparable written material, that he or she is a
  117  notario público, notario, immigration assistant, immigration
  118  consultant, immigration specialist, or using any other
  119  designation or title, in any language, that conveys or implies
  120  that he or she possesses professional legal skills in the area
  121  of immigration law.
  122         (b)Representing, in any language, either orally or in any
  123  document, letterhead, advertisement, stationery, business card,
  124  website, or other comparable written material, that he or she
  125  can or is willing to provide services in an immigration matter,
  126  if such services would constitute the practice of law.
  127         (5)(a)The prohibitions of subsections (1)-(4) do not apply
  128  to the activities of nonlawyer assistants acting under the
  129  supervision of a person holding an active license to practice
  130  law in this state or otherwise authorized to practice law or
  131  represent others under federal law in an immigration matter.
  132         (b)This section does not prohibit a person from offering
  133  translation or interpretation services, regardless of whether
  134  compensation is sought. Translating words contained on a
  135  governmental form from English to another language and
  136  translating a person’s words from another language to English
  137  does not constitute the unauthorized practice of law.
  138         Section 5. This act shall take effect July 1, 2025.