FL
Florida House Bill H0915

Florida 2025 Regular Session

Florida House Bill H0915 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
15-An act relating to advertisements for representation 2
16-services; amending s. 117.05, F.S.; prohibiting 3
17-notaries public from using specified terms to describe 4
18-themselves under certain circumstances; creating s. 5
19-117.051, F.S.; creating a civil cause of action for 6
20-declaratory or injunctive relief and to recover 7
21-damages and attorney fees and costs; creating s. 8
22-501.1391, F.S.; requiring certain businesses or 9
23-persons offering immigration services to make a 10
24-specified disclosure; creating a civil cause of action 11
25-for declaratory or injunctive relief and to recover 12
26-damages and attorney fees and costs; providing an 13
27-effective date. 14
28- 15
29-Be It Enacted by the Legislature of t he State of Florida: 16
30- 17
31- Section 1. Subsection (11) of section 117.05, Florida 18
32-Statutes, is amended, and subsection (10) of that section is 19
33-republished, to read: 20
34- 117.05 Use of notary commission; unlawful use; notary fee; 21
35-seal; duties; employer liability ; name change; advertising; 22
36-photocopies; penalties. — 23
37- (10) A notary public who is not an attorney who advertises 24
38-the services of a notary public in a language other than 25
15+An act relating to notary public fraud; amending s. 2
16+117.05, F.S.; prohibiting the literal translation of 3
17+the phrase "Notary Public" into a language other than 4
18+English; specifying the applicable penalties for 5
19+violations; amending s. 117.107, F.S.; prohibiti ng 6
20+notaries public from using specified terms to describe 7
21+themselves under certain circumstances; authorizing 8
22+declaratory or injunctive relief and civil actions for 9
23+injunctive relief or to recover damages; providing for 10
24+the recovery of attorney fees and co sts; providing for 11
25+expedited trials for such actions; amending s. 12
26+908.107, F.S.; authorizing certain entities to file 13
27+suit for declaratory or injunctive relief for certain 14
28+violations; authorizing declaratory or injunctive 15
29+relief and civil actions for injun ctive relief or to 16
30+recover damages; providing for the recovery of 17
31+attorney fees and costs; providing for expedited 18
32+trials for such actions; creating s. 908.113, F.S.; 19
33+prohibiting certain persons from engaging in the 20
34+practice of law in immigration matters f or 21
35+compensation or specified acts or practices for 22
36+compensation in immigration matters; providing 23
37+exceptions; requiring certain persons or businesses 24
38+offering immigration assistance to make a specified 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51-English, whether by radio, television, signs, pamphlets, 26
52-newspapers, or other written communication, with the exception 27
53-of a single desk plaque, shall post or otherwise include with 28
54-the advertisement a notice in English and in the language used 29
55-for the advertisement. The notice shall be of a conspicuous 30
56-size, if in writing, and shall state : "I AM NOT AN ATTORNEY 31
57-LICENSED TO PRACTICE LAW IN THE STATE OF FLORIDA, AND I MAY NOT 32
58-GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." If the 33
59-advertisement is by radio or television, the statement may be 34
60-modified but must include substantially the sam e message. 35
61- (11)(a) Literal translation of the phrase "Notary Public" 36
51+disclosure; providing applicability; providing 26
52+construction; providing an effective date. 27
53+ 28
54+Be It Enacted by the Legislature of the State of Florida: 29
55+ 30
56+ Section 1. Subsection (11) of section 117.05, Florida 31
57+Statutes, is amended to read: 32
58+ 117.05 Use of notary commission; unlawful use; notary fee; 33
59+seal; duties; employer liability; name change; advertising; 34
60+photocopies; penalties. — 35
61+ (11) Literal translation of the phrase "Notary Public" 36
6262 into a language other than English is prohibited in an 37
63-advertisement for notarial services. 38
64- (b) A notary public who is not authorized to represent a 39
65-person in an immigration matter ma y not, when advertising his or 40
66-her notary public services, use the terms notario público, 41
67-notario, immigration assistant, immigration consultant, or 42
68-immigration specialist, or any other designation or title, in 43
69-any language, which conveys or implies that h e or she possesses 44
70-professional legal skills in immigration law. 45
71- Section 2. Section 117.051, Florida Statutes, is created 46
72-to read: 47
73- 117.051 Civil cause of action. —A person aggrieved by a 48
74-violation of s. 117.05(10) or (11) has a civil cause of action 49
75-against the entity violating such provision for, where 50
63+advertisement for notarial services . A person who violates this 38
64+subsection is subject to the penalties in s. 117.107(13)(b). 39
65+ Section 2. Subsection (13) is added to section 117.107, 40
66+Florida Statutes, to read: 41
67+ 117.107 Prohibited acts. — 42
68+ (13)(a) A notary public, who does not hold an active 43
69+license to practice law in a state, territory, or jurisdiction 44
70+of the United States and is not otherwise authorized to practice 45
71+law or represent others under federal law in an immigration 46
72+matter, may not, when advertising his or her notary public 47
73+services, use the term notario públi co, notario, immigration 48
74+assistant, immigration consultant, immigration specialist, or 49
75+any other designation or title, in any language, which conveys 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88-appropriate: 51
89- (1) Declaratory or injunctive relief. 52
90- (2) Actual damages. 53
91- (3) Reasonable attorney fees and costs. 54
92- Section 3. Section 501.1391, Florida Statutes, is created 55
93-to read: 56
94- 501.1391 Fraud prevention in the advertisement of 57
95-immigration services. — 58
96- (1) A business or person offering immigration services, 59
97-other than a person holding an active license to practice law in 60
98-this state or otherwise permitted to practice law or represent 61
99-others under federal law in an immigration matter, must post on 62
100-the business's or person's main website and at the business's or 63
101-person's place of business, in English and in every other 64
102-language in which the business or person provides or offers 65
103-immigration services, conspicuous notices with the following 66
104-statement: 67
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106-I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT 69
107-GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE. I AM NOT 70
108-ACCREDITED TO REPRESENT YOU IN IMMIGRATION MATTERS. 71
109- 72
110- (2) A person aggrieved by a violation of subsection (1) 73
111-has a civil cause of action against the person or business 74
112-violating such provision for, where appropriate: 75
88+or implies that he or she possesses professional legal skills in 51
89+immigration law. 52
90+ (b) For a violation of paragraph (a) or s. 117.05(11): 53
91+ 1. The Attorney General, a state attorney, or a city 54
92+attorney may file suit against the appropriate party in a court 55
93+of competent jurisdiction for declaratory or injunctive relief. 56
94+ 2. An aggrieved person or an entity ma y, in an appropriate 57
95+state court, bring a civil action for injunctive relief or to 58
96+recover for actual monetary loss from such a violation, plus an 59
97+amount equal to treble the amount of actual damages or $1,000 60
98+per violation, whichever is greater. 61
99+ 3. If a person or an entity prevails in a civil action for 62
100+injunctive relief, the person or entity is entitled to recover 63
101+reasonable attorney fees and costs. 64
102+ 4. An action must be set for trial at the earliest 65
103+possible date and takes precedence over all other cas es, except 66
104+older matters of the same character and matters to which special 67
105+preference may be given by law. 68
106+ Section 3. Subsection (2) of section 908.107, Florida 69
107+Statutes, is amended, and subsections (5), (6), and (7) are 70
108+added to that section, to read : 71
109+ 908.107 Enforcement. — 72
110+ (2) In addition, The Attorney General , a state attorney, 73
111+or a city attorney may file suit against a local governmental 74
112+entity, or local law enforcement agency , or any other 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125- (a) Declaratory or injunctive relief. 76
126- (b) Actual damages. 77
127- (c) Reasonable attorney fees and costs. 78
128- Section 4. This act shall take effect July 1, 2025. 79
125+appropriate party in a court of competent jurisdiction for 76
126+declaratory or injunctive relief for a violation of this 77
127+chapter. 78
128+ (5) An aggrieved person or an entity may, in an 79
129+appropriate state court, bring a civil action for injunctive 80
130+relief for a violation of this chapte r to recover for actual 81
131+monetary loss from such a violation, plus an amount equal to 82
132+treble the amount of actual damages or $1,000 per violation, 83
133+whichever is greater. 84
134+ (6) If a person or an entity prevails in a civil action 85
135+for injunctive relief, the per son or entity is entitled to 86
136+recover reasonable attorney fees and costs. 87
137+ (7) An action brought under this chapter must be set for 88
138+trial at the earliest possible date and takes precedence over 89
139+all other cases, except older matters of the same character an d 90
140+matters to which special preference may be given by law. 91
141+ Section 4. Section 908.113, Florida Statutes, is created 92
142+to read: 93
143+ 908.113 Fraud protection. — 94
144+ (1) Persons may not, other than those licensed to practice 95
145+law in a state, territory, or jurisdi ction of the United States 96
146+or otherwise authorized to practice law or represent others 97
147+under federal law in an immigration matter, engage in the 98
148+practice of law in an immigration matter for compensation. 99
149+ (2) Persons may not, other than those licensed to practice 100
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158+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162+law in a state, territory, or jurisdiction of the United States 101
163+or otherwise authorized to practice law or represent others 102
164+under federal law in an immigration matter, engage in the 103
165+following acts or practices for compensation: 104
166+ (a) Advising or assisting another person in determining 105
167+the person's legal status for the purpose of an immigration 106
168+matter. 107
169+ (b) Selecting, assisting another in selecting, or advising 108
170+another as to his or her answers on a governmental agency form 109
171+or document in an immigra tion matter. However, a person who 110
172+provides or offers to provide immigration assistance services 111
173+may perform the following services: 112
174+ 1. Completing a governmental agency form, requested by the 113
175+customer and appropriate to the customer's needs, only if the 114
176+completion of that form does not involve a legal judgment for 115
177+that particular matter. 116
178+ 2. Transcribing responses to a governmental agency form 117
179+that is related to an immigration matter, but not advising a 118
180+customer as to his or her answers on the form. 119
181+ 3. Translating and interpreting information on forms 120
182+related to immigration matters for a customer and translating 121
183+the customer's answers to questions posed on such forms. 122
184+ 4. Securing for the customer supporting documents, such as 123
185+birth and marriage certif icates, which may be needed to be 124
186+submitted with governmental agency forms. 125
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195+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199+ 5. Translating documents from any language into English. 126
200+ 6. Notarizing signatures on governmental agency forms 127
201+related to immigration matters, if the person performing the 128
202+service is a notary public of this state. 129
203+ 7. Making referrals, without fee, to an attorney 130
204+authorized to undertake legal representation for a person in an 131
205+immigration matter. 132
206+ 8. Preparing or arranging for the preparation of 133
207+photographs and fingerprints. 134
208+ 9. Arranging for the performance of medical testing, 135
209+including X-rays and AIDS tests, and obtaining the results of 136
210+such tests. 137
211+ 10. Conducting English language and civics courses. 138
212+ 11. Other services that the Attorney General determines by 139
213+rule that such person may perform in furthering the purposes of 140
214+this section. 141
215+ (c) Selecting or assisting another in selecting, or 142
216+advising another in selecting, a benefit, visa, or program to 143
217+apply for in an immigration matter. 144
218+ (d) Soliciting to prepare documents for, or otherwise 145
219+representing the interests of, another in a judicial or 146
220+administrative proceeding in an immigration matter. 147
221+ (e) Explaining, advising, or otherwise interpreting the 148
222+meaning or intent of a question on a governmental agency form in 149
223+an immigration matter. 150
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232+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236+ (f) Charging a fee for referring another to a person 151
237+licensed to practice law that such person may perform. 152
238+ (g) Selecting, drafting, or completing legal documents 153
239+affecting the legal rights of another in an immigration matter. 154
240+ (3) A person or business offering immigration services, 155
241+other than those persons or businesses holding active licenses 156
242+to practice law in this state or otherwise permitted to practice 157
243+law or represent others under federal law in an immigration 158
244+matter, must post conspicuous notices on its main website and at 159
245+its place of business in English and every other language in 160
246+which the person or business proves or offers immigration 161
247+assistance with the following statement: 162
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249+I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY 164
250+NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE. 165
251+I AM NOT ACCREDITED TO REPRESENT YOU IN IMMIGRATION 166
252+MATTERS. 167
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254+ (4) Persons may not, other than those holding an active 169
255+license to practice law in a state of the United States or 170
256+otherwise authorized to practice law or represent others under 171
257+federal law in an immigration matter, engage in the following 172
258+acts or practices, regardless of whether compensation is sought: 173
259+ (a) Representing, either orally or in any document, 174
260+letterhead, advertisement, st ationery, business card, website, 175
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269+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273+or other comparable written material, that he or she is a 176
274+notario público, notario, immigration assistant, immigration 177
275+consultant, immigration specialist, or using any other 178
276+designation or title, in any language, that conv eys or implies 179
277+that he or she possesses professional legal skills in the area 180
278+of immigration law. 181
279+ (b) Representing, in any language, either orally or in any 182
280+document, letterhead, advertisement, stationery, business card, 183
281+website, or other comparable writ ten material, that he or she 184
282+can or is willing to provide services in an immigration matter, 185
283+if such services would constitute the practice of law. 186
284+ (5)(a) The prohibitions of subsections (1) -(4) do not 187
285+apply to the activities of nonlawyer assistants acti ng under the 188
286+supervision of a person holding an active license to practice 189
287+law in this state or otherwise authorized to practice law or 190
288+represent others under federal law in an immigration matter. 191
289+ (b) This section does not prohibit a person from offering 192
290+translation or interpretation services, regardless of whether 193
291+compensation is sought. Translating words contained on a 194
292+governmental form from English to another language and 195
293+translating a person's words from another language to English 196
294+does not constitute the unauthorized practice of law. 197
295+ Section 5. This act shall take effect July 1, 2025. 198