Gov. DeSantis OKs measure shielding Spanish speakers from ‘notario fraud’

RON DESANTIS BILL SIGNING (5)
The measure addresses a ‘linguistic gap … that fraudsters exploit,’ one of its sponsors said.

Gov. Ron DeSantis has approved legislation designed to protect Spanish speakers, including those seeking immigration services, from deceptive notaries who pose as legal experts.

The new law (HB 915), effective July 1, prohibits notaries public in Florida from using titles such as “notario,” “notario público,” “immigration consultant,” or any designation suggesting legal expertise in immigration law unless they are authorized to do so.

It also requires prominent disclaimers in multiple languages stating that the individual is not licensed to provide immigration legal services.

The law — sponsored by Sen. Tina Scott Polsky and Reps. Johanna López and Marie Woodson, all Democrats — comes in response to a long-standing issue disproportionately affecting Hispanic communities, particularly in South Florida, where individuals unfamiliar with U.S. legal distinctions are often misled.

In many Latin American countries, a notario público is a credentialed legal professional, whereas in the United States, a notary public has strictly limited authority, primarily witnessing signatures.

“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 ahead of a unanimous Senate vote to pass the bill April 28.

“This linguistic misunderstanding creates a dangerous gap that fraudsters exploit.”

HB 915 passed with near unanimity in the House (114-1), with only Jacksonville Republican Rep. Kiyan Michael voting “no.”

Polsky praised bipartisan collaboration on the bill, including support from Ormond Beach Republican Sen. Tom Leek, who she said helped refine the bill’s language by “editing my work and doing a good markup.”

Beyond establishing new advertising rules, the law also grants legal recourse for victims of fraud. Individuals deceived under the guise of false legal expertise may now pursue civil action, including injunctions, actual damages and attorneys fees.

Woodson called the law a critical tool for consumer protection.

“This bill is about protecting vulnerable communities from misleading advertisement and unauthorized practices,” she said during a House floor discussion. “It’s about transparency and accountability.”

Sen. Carlos Guillermo Smith, an Orlando Democrat and one of three Senate co-sponsors, stressed the bill’s importance last month amid escalated federal immigration enforcement under President Donald Trump’s administration.

“We’re going to need it now more than ever before,” he said.

The bill follows years of failed legislative attempts and news-grabbing fraud cases, including incidents involving Miami’s former City Attorney, a Monroe County case where individuals were arrested for forgery and other schemes across the state aimed at stealing home from the elderly.

A similar proposal last year from Hialeah Gardens Republican Sen. Bryan Ávila passed the Senate but died in the House, where Miami Republican Rep. Juan Porras carried a similar companion measure. This year’s versions in the House and Senate (SB 846) gained traction due to bipartisan support and an urgent push by groups like the Florida Immigrant Coalition, Florida Conference of Catholic Bishops and Notarize Inc. to address widespread abuses in immigrant communities.

The new law aligns with its long-standing position on unlicensed legal practice, particularly the Florida Supreme Court’s priority on shielding the public from incompetent or unauthorized legal representation, a House staff analysis said.

Jesse Scheckner

Jesse Scheckner has covered South Florida with a focus on Miami-Dade County since 2012. His work has been recognized by the Hearst Foundation, Society of Professional Journalists, Florida Society of News Editors, Florida MMA Awards and Miami New Times. Email him at [email protected] and follow him on Twitter @JesseScheckner.


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