Florida Senate - 2025                       CS for CS for SB 846
       
       
        
       By the Committees on Rules; and Commerce and Tourism; and
       Senators Polsky, Pizzo, Smith, and Arrington
       
       
       
       
       595-03658-25                                           2025846c2
    1                        A bill to be entitled                      
    2         An act relating to advertisements for representation
    3         services; amending s. 117.05, F.S.; prohibiting
    4         notaries public from using specified terms to describe
    5         themselves under certain circumstances; creating s.
    6         117.051, F.S.; creating a civil cause of action for
    7         declaratory or injunctive relief and to recover
    8         damages and attorney fees and costs; creating s.
    9         501.1391, F.S.; requiring certain businesses or
   10         persons offering immigration services to post a
   11         conspicuous notice with a specified statement;
   12         creating a civil cause of action for declaratory or
   13         injunctive relief and to recover damages and attorney
   14         fees and costs; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsection (11) of section 117.05, Florida
   19  Statutes, is amended, and subsection (10) of that section is
   20  republished, to read:
   21         117.05 Use of notary commission; unlawful use; notary fee;
   22  seal; duties; employer liability; name change; advertising;
   23  photocopies; penalties.—
   24         (10) A notary public who is not an attorney who advertises
   25  the services of a notary public in a language other than
   26  English, whether by radio, television, signs, pamphlets,
   27  newspapers, or other written communication, with the exception
   28  of a single desk plaque, shall post or otherwise include with
   29  the advertisement a notice in English and in the language used
   30  for the advertisement. The notice shall be of a conspicuous
   31  size, if in writing, and shall state: “I AM NOT AN ATTORNEY
   32  LICENSED TO PRACTICE LAW IN THE STATE OF FLORIDA, AND I MAY NOT
   33  GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.” If the
   34  advertisement is by radio or television, the statement may be
   35  modified but must include substantially the same message.
   36         (11)(a) Literal translation of the phrase “Notary Public”
   37  into a language other than English is prohibited in an
   38  advertisement for notarial services.
   39         (b)A notary public who is not authorized to represent a
   40  person in an immigration matter may not, when advertising his or
   41  her notary public services, use the terms notario público,
   42  notario, immigration assistant, immigration consultant, or
   43  immigration specialist, or any other designation or title, in
   44  any language, which conveys or implies that he or she possesses
   45  professional legal skills in immigration law.
   46         Section 2. Section 117.051, Florida Statutes, is created to
   47  read:
   48         117.051Civil cause of action.—A person aggrieved by a
   49  violation of s. 117.05(10) or (11) has a civil cause of action
   50  against the entity violating such provision for, where
   51  appropriate:
   52         (1)Declaratory or injunctive relief.
   53         (2)Actual damages.
   54         (3)Reasonable attorney fees and costs.
   55         Section 3. Section 501.1391, Florida Statutes, is created
   56  to read:
   57         501.1391Fraud prevention in the advertisement of
   58  immigration services.—
   59         (1)A business or person offering immigration services,
   60  other than a person holding an active license to practice law in
   61  this state or otherwise permitted to practice law or represent
   62  others under federal law in an immigration matter, must post on
   63  the business’s or person’s main website and at the business’s or
   64  person’s place of business, in English and in every other
   65  language in which the business or person provides or offers
   66  immigration services, conspicuous notices with the following
   67  statement:
   68  
   69         I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY
   70         NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.
   71         I AM NOT ACCREDITED TO REPRESENT YOU IN IMMIGRATION
   72         MATTERS.
   73  
   74         (2)A person aggrieved by a violation of subsection (1) has
   75  a civil cause of action against the person or business violating
   76  such provision for, where appropriate:
   77         (a)Declaratory or injunctive relief.
   78         (b)Actual damages.
   79         (c)Reasonable attorney fees and costs.
   80         Section 4. This act shall take effect July 1, 2025.