‘Transparency and accountability’: House passes protections against ‘notario fraud’

TALLAHASSEE, FLA. 2/9/23-Rep. Johanna López, D-Orlando, speaks against the the Reedy Creek Improvement District bill, Thursday at the Capitol in Tallahassee. COLIN HACKLEY PHOTO

Legislation to protect Spanish-speaking immigrants from scamsters pretending to have legal expertise is heading to the Senate after passing with near unanimity in the Legislature’s lower chamber.

House members voted 114-1 for HB 915, which would establish clear guidelines for how notaries public can describe themselves and advertise their services in the state of Florida.

“This bill is about protecting vulnerable communities about misleading advertisement and unauthorized practices. It’s about transparency and accountability,” said Hollywood Rep. Marie Woodson, who sponsored the bill with Orlando Rep. Johanna López, a fellow Democrat.

“We have to make sure that our vulnerable communities are protected, so we are going to do the right thing by voting up on this bill.”

All but Jacksonville Republican Rep. Kiyan Michael, who voted “no” Thursday, agreed.

HB 915 and its Senate counterpart (SB 846) aim to address a problem stemming from mistranslation. In Hispanic countries, a “notario público” is a highly trained legal professional similar to a lawyer who provides legal advice and can draft legal documents, according to the National Notary Association.

However, in the United States, a notary public is a state-commissioned official with limited witnessing duties and less discretion. In many cases, their authority begins and ends with signing a document stating they witnessed others signing it.

In areas of the state with large Hispanic communities, particularly South Florida, many Spanish speakers and those for whom English is either a second or foreign language were misled into thinking they were dealing with legitimate legal experts. Some unscrupulous people have capitalized on the misunderstanding, accepting payment for services they are neither trained nor authorized to perform and then improperly handling and filing visas, green cards, work permits and citizenship applications.

If passed, HB 915 or SB 846 would prohibit notaries from referring to themselves as a “notario,” “notario público,” immigration consultant or any other title suggesting that they possess professional legal skills in immigration law.

The legislation would require people or businesses to clearly notify customers that they are not licensed immigration law practitioners. It would also provide prosecutors and victims of fraud with legal paths to seek monetary damages against fraudsters.

Noncompliance would open wrongdoers up to civil causes of action, including injunctive relief and monetary damages.

“Notaries public, who are not attorneys, cannot advertise in a way that suggests they are legal professionals. If they advertise in a language other than English, they must clearly post a disclaimer in both English and the other language. They cannot use misleading titles like ‘notario público,’ ‘immigration assistant’ or any term suggesting they have legal expertise in immigration law,” Lopez said.

“Anyone providing immigration services who is not an attorney or federally authorized must post a clear disclosure on their website and physical office in English and all languages they use.”

Several lawmakers have tried recently to address notary fraud. Last year, Hialeah Gardens Republican Sen. Bryan Ávila introduced a proposal to stiffen penalties against wrongdoers while increasing record-keeping and reporting requirements. The bill passed unanimously in the Senate before stalling out in the House, where Miami Republican Rep. Juan Porras carried a similar companion measure.

The legislation followed several notary-related fraud cases, including ones involving Miami’s then-City Attorney, a pair arrested in Monroe County on forgery charges and other, similar schemes across the state aimed at stealing homes from the elderly.

HB 915 will now join SB 846 on the Senate floor, where Boca Raton Democratic Sen. Tina Scott Polsky can choose to move forward with either of them.