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:
48 117.051 Civil 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:
57 501.1391 Fraud 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.