Jesse Scheckner
Florida could soon offer Spanish-speaking immigrants more safeguards against opportunists through legislation now cleared for Gov. Ron DeSantis’ signature.
The Senate just voted 36-0 for HB 915, which would establish clear guidelines for how notaries public can describe themselves and advertise their services in the state. House lawmakers approved it last week.
The bill, by Boca Raton Sen. Tina Scott Polsky and Reps. Johanna López and Marie Woodson — all Democrats — aims to address a language-based problem unique to Spanish speakers. In Latin America, 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.
But 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.
Notaries public have no legal expertise, immigration-related or otherwise; however, in areas with large Hispanic communities, particularly South Florida, many Spanish speakers and those for whom English is either a second or foreign language have been misled into thinking they were dealing with legitimate legal experts.
“Notario fraud occurs when unscrupulous individuals, often presenting themselves as notarios or immigration consultants, offer legal services they aren’t qualified to provide,” Polsky said before the vote Monday.
“This linguistic misunderstanding creates a dangerous gap that fraudsters exploit, misleading immigrants into believing they are dealing with legitimate legal experts, causing the improper handling and filing of visas, green cards, work permits and even citizenship applications.”
HB 915, effective July 1, 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.
Polsky thanked Ormond Beach Republican Sen. Tom Leek, a fellow lawyer, for “editing my work and doing a good markup” on her bill. She also thanked all Senate members who helped her get the bill into “great posture” to pass.
Orlando Democratic Sen. Carlos Guillermo Smith, one of three cosponsors of the Senate bill, commended Polsky for the proposal, which he believes will be especially impactful amid President Donald Trump’s ongoing deportation efforts.
“We’re going to need it now more than ever before as people are going to have a lot of legitimate questions around their immigration status and immigration-related issues,” he said. “I call on every Senator to please vote in support of this very good bill today.”
HB 915’s passage comes after years of prior attempts to address “notario fraud.” That includes an effort last year by Hialeah Gardens Republican Sen. Bryan Ávila, who introduced a proposal to stiffen penalties against wrongdoers while increasing record-keeping and reporting requirements.
Ávila’s 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 follows 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 passed in the House on April 25 by a 114-1 vote, with Jacksonville Republican Rep. Kiyan Michael casting the sole “no” vote. Polsky laid her identical companion bill (SB 846) on the table in favor of the House version Monday.
