The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 846
INTRODUCER: Commerce and Tourism Committee and Senator Polsky
SUBJECT: Notary Public Fraud
DATE: March 26, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McMillan McKay CM Fav/CS
2. JU
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 846 prohibits a notary public that is advertising their services and does not hold an active
license to practice law from using the term notario público, notario, immigration assistant,
immigration consultant, immigration specialist, or any other designation or title, in any language,
which conveys or implies that they possess professional legal skills in immigration law. The bill
authorizes the Attorney General, a state attorney, or a city attorney to file a suit against the
appropriate party for declaratory or injunctive relief. Additionally, an aggrieved party may bring
a civil action for injunctive relief or to recover damages.
The bill amends s. 908.107, F.S., which deals with federal immigration enforcement, and
provides that the Attorney General, a state attorney, or a city attorney may file suit against a local
governmental entity, local law enforcement agency, or any other appropriate party for a violation
of the federal immigration laws in ch. 908, F.S.
The bill prohibits someone from engaging in the practice of law in an immigration matter for
compensation unless that person is licensed to practice law. Additionally, the bill provides
certain prohibitions even if compensation is not sought. The bill requires a person or business
who is not a licensed attorney that is offering immigration services to post a conspicuous notice
on its website and at its place of business in English and in every other language in which the
person or business provides or offers immigration assistance.
The bill takes effect July 1, 2025.
REVISED: BILL: CS/SB 846 Page 2
II. Present Situation:
Notaries Public in Florida
A notary public is a public officer under the Florida Constitution,
1
and “an impartial agent of the
state.”
2
As a public officer, notaries public are constitutionally required to give a bond (as
required by law) and swear or affirm to uphold the Constitutions of the United States and
Florida.
3
Notaries public are appointed and commissioned by the Governor to four-year terms,
4
and are authorized under Florida law to perform six basic duties:
• Administer oaths or affirmations;
5
• Take acknowledgments;
6
• Solemnize marriages;
7
• Attest to photocopies;
8
• Verify vehicle identification numbers (VINs);
9
and
• Certify the contents of a safe-deposit box.
10
A notary public may only exercise the foregoing duties within the physical boundaries of the
State of Florida.
11
Generally, a notary public may not charge more than $10 per notarial act and
may not charge a fee for notarizing a vote-by-mail ballot.
12
A notary public may provide an electronic signature that is unique, verifiable, under the notary
public’s sole control, and attached to a document in a way revealing any subsequent alteration.
13
When an electronic signature must be accompanied by a notary public seal, the requirement is
met when the notary public includes his or her full name as provided in the notary public’s
application for commission, the words “Notary Public State of Florida,” the expiration date of
the notary public’s commission, and the notary public’s commission number.
14
The seal must
also be applied to all notarized paper documents using a rubber stamp containing the foregoing
information.
15
The rubber stamp seal must be affixed to the notarized paper document in
photographically reproducible black ink. Every notary public must print, type, or stamp below
his or her signature on a paper document his or her name exactly as commissioned.
16
1
Art. II, § 5(c), Fla. Const.
2
58 AM. JUR. 2D Notaries Public § 1.
3
See s. 117.01(3) & (7), F.S., ((3) requiring that, as part of oath, the applicant must swear he or she has read ch. 117, F.S.,
and knows the duties, responsibilities, limitations, and powers of a notary; (7) requiring that notaries give a bond in the
amount of $7,500 in the event the notary breaches duties, of which is to be kept on file with the Department of State). Section
117.01(1), F.S., requires a notary to be able to read, write, and understand the English language.
4
Section 117.01(1), F.S.
5
Section 117.03, F.S.
6
Section 117.04, F.S.
7
Section 117.045, F.S.
8
Section 117.05(12)(a), F.S.
9
Section 319.23(3)(a)2., F.S.
10
Section 655.94(1), F.S.
11
Section 117.01(1), F.S.
12
Section 117.05(2), F.S.
13
Section 117.021(2), F.S.
14
Section 117.021(3), F.S.
15
Section 117.05(3), F.S.
16
Id. BILL: CS/SB 846 Page 3
Additionally, as a public officer, a notary public is held to high standards and is subject to
discipline, including suspension by the Governor and removal by the Senate, for malfeasance,
misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official
duties, or commission of a felony.
17
A notary public is also subject to criminal penalties for
certain unlawful uses of the notary public commission (such as notarizing his or her own
signature),
18
and liable to pay fees for certain civil infractions (such as notarizing a document
when the signor is not in the notary public’s presence).
19
Becoming a Notary Public in Florida
In order to be eligible to become a notary public in Florida, a person must:
• Be at least 18 years of age;
• Be a Florida resident or permanent resident alien with a recorded declaration of domicile;
• Maintain Florida residence throughout the appointment; and
• Be able to read, write, and understand the English language.
20
To apply to be a notary public in Florida, the application form provided by the Department of
State must be completed, signed, sworn, and filed along with the appropriate applications fees.
21
Because the bond must be attached, the bonding agency usually submits the application in both a
paper and electronic format.
22
The oath of office and notary public bond must accompany the
notary public’s application when filed with the Department of State.
23
Applicants must also
provide the following as part of the application:
• Personal identification information;
• Affidavit of good character from a reference who has known the applicant for at least one
year and is not a relative;
• Ten-year history of any licenses and discipline;
• Statement regarding whether the applicant has ever been convicted of a felony or had his or
her civil rights restored; and
• Any other information requested by the Governor’s office to confirm eligibility.
24
Notary’s Duty to Confirm Identity
One of the notary public’s primary duties is to verify the identity of the person who is signing a
document. If the person is personally known to the notary public or provides “satisfactory
evidence” by producing valid identification or witnesses or both verifying that the person is who
he or she claims to be, the notary public may notarize the document.
25
17
FLA. CONST., Art. IV, s. 7.
18
Section 117.05(1), F.S. (providing violation is a third degree felony). See also s. 117.05(3)(d), (7), and (8), F.S.;
s. 117.105, F.S.; s. 117.107(9), F.S.
19
Section 117.107(9), F.S. (providing violation is a civil infraction punishable by a fine of up to $5,000).
20
See supra note 5.
21
Section 117.01(2), F.S. (requiring $25 application fee, $10 commission fee, and $4 educational surcharge, except that the
commission fee is waived for veterans with a 50 percent disability).
22
See supra note 5 at p. 7.
23
Section 117.01(2), F.S.
24
Id.
25
Section 117.05(5), F.S. BILL: CS/SB 846 Page 4
Prohibited Acts
Section 117.107, F.S., specifies prohibited acts by notaries. A notary public may not:
• Use a name or initial in signing certificates other than that by which the notary public is
commissioned.
• Sign notarial certificates using a facsimile signature stamp unless the notary public has a
physical disability that limits or prohibits his or her ability to make a written signature and
unless the notary public has first submitted written notice to the Department of State with an
exemplar of the facsimile signature stamp. This does not apply to or prohibit the use of an
electronic signature and seal by a notary public who is registered as an online notary public
to perform an electronic or online notarization in accordance with ch. 117, F.S.
• Affix his or her signature to a blank form of affidavit or certificate of acknowledgment and
deliver that form to another person with the intent that it be used as an affidavit or
acknowledgment.
• Take the acknowledgment of or administer an oath to a person whom the notary public
actually knows to have been adjudicated mentally incapacitated by a court of competent
jurisdiction, where the acknowledgment or oath necessitates the exercise of a right that has
been removed, and where the person has not been restored to capacity as a matter of record.
• Notarize a signature on a document if it appears that the person is mentally incapable of
understanding the nature and effect of the document at the time of notarization.
• Take the acknowledgment of a person who does not speak or understand the English
language, unless the nature and effect of the instrument to be notarized is translated into a
language which the person does understand.
• Change anything in a written instrument after it has been signed by anyone.
• Amend a notarial certificate after the notarization is complete.
• Notarize a signature on a document if the person whose signature is being notarized does not
appear before the notary public either by means of physical presence or by means of audio-
video communication technology as authorized under part II of ch. 117, F.S., at the time the
signature is notarized. Any notary public who violates this prohibition is guilty of a civil
infraction, punishable by penalty not exceeding $5,000, and such violation constitutes
malfeasance and misfeasance in the conduct of official duties.
• Notarize a signature on a document if the document is incomplete or blank. However, an
endorsement or assignment in blank of a negotiable or nonnegotiable note and the
assignment in blank of any instrument given as security for such note is not deemed
incomplete.
• Notarize a signature on a document if the person whose signature is to be notarized is the
spouse, son, daughter, mother, or father of the notary public.
• Notarize a signature on a document if the notary public has a financial interest in or is a party
to the underlying transaction; however, a notary public who is an employee may notarize a
signature for his or her employer, and this employment does not constitute a financial interest
in the transaction nor make the notary a party to the transaction as long as he or she does not
receive a benefit other than his or her salary and the fee for services as a notary public
authorized by law.
BILL: CS/SB 846 Page 5
Unlicensed Practice of Law
Florida’s Constitution gives the Supreme Court of Florida the power to regulate the conduct of
attorneys, and the Supreme Court of Florida has given The Florida Bar the duty to investigate
and take action against the unlicensed practice of law.
26
Unlicensed Practice of Law (UPL) committees investigate instances of unlicensed practice of
law.
27
The Florida Bar prosecutions are filed with the Supreme Court of Florida and trials are
held before judges, called referees, appointed by the court.
28
The Florida Bar acts as prosecutor
in UPL cases.
29
Additionally, the unlicensed practice of law is a third-degree felony.
30
Federal Immigration Enforcement
Any executive or administrative state, county, or municipal officer who violates his or her duties
under ch. 908, F.S., may be subject to action by the Governor in the exercise of his or her
authority under the Florida Constitution and Florida law.
31
The Governor may initiate judicial
proceedings in the name of the state against such officers to enforce compliance with any duty
under ch. 908, F.S., or restrain any unauthorized act.
32
In addition, the Attorney General may file
suit against a local governmental entity or local law enforcement agency in a court of competent
jurisdiction for declaratory or injunctive relief for a violation of ch. 908, F.S.
33
If a local governmental entity or local law enforcement agency violates ch. 908, F.S., the court
must enjoin the unlawful sanctuary policy.
34
The court has continuing jurisdiction over the
parties and subject matter and may enforce its orders with the initiation of contempt proceedings
as provided by law.
35
An order approving a consent decree or granting an injunction must
include written findings of fact that describe with specificity the existence and nature of the
sanctuary policy that is in violation.
36
III. Effect of Proposed Changes:
Section 1 amends s. 117.05(11), F.S., to prohibit the literal translation of the phrase “Notary
Public” into a language other than English, and a person who violates this prohibition is subject
to the penalties in s. 117.107(13)(b), F.S.
26
The Florida Bar, Unlicensed Practice of Law – Consumer Help, available at https://www.floridabar.org/rules/upl/upl001/
(last visited Mar. 26, 2025). See also R. Regul. Fl. Bar 10-1.1. See also Art. V, § 15, Fla. Const. Ses also s. 454.021, F.S.
27
The Florida Bar, Who Regulates the Conduct of Nonlawyers When They Are Acting Like Lawyers?, available at
https://www.floridabar.org/public/consumer/pamphlet012/#whoregulates (last visited Mar. 26, 2025).
28
Id.
29
Id.
30
Section 454.23, F.S. See also ss. 775.082 and 775.083, F.S. A third degree felony is punishable by imprisonment not to
exceed 5 years and a fine not to exceed $5,000.
31
Section 908.107, F.S.
32
Id.
33
Id.
34
Id.
35
Id.
36
Id. BILL: CS/SB 846 Page 6
Section 2 prohibits a notary public who does not hold an active license to practice law in a state,
territory, or jurisdiction of the United States and is not otherwise authorized to practice law or
represent others under federal law in an immigration matter from advertising his or her notary
public services. Additionally, a notary public who does not hold an active license may not use
the term notario público notario, immigration assistant, immigration consultant, immigration
specialist, or any other designation or title, in any language, which conveys or implies that he or
she possesses professional legal skills in immigration law.
The bill provides that for a violation of s. 117.107(13)(a), F.S. and s. 117.05(11), F.S.:
• The Attorney General, a state attorney, or a city attorney may file suit against the appropriate
party in a court of competent jurisdiction for declaratory or injunctive relief;
• An aggrieved person or an entity may, in an appropriate state court, bring a civil action for
injunctive relief or to recover for actual monetary loss from such a violation, plus an amount
equal to treble the amount of actual damages or $1,000 per violation, whichever is greater;
and
• If a person or an entity prevails in a civil action for injunctive relief, the person or entity is
entitled to recover reasonable attorney fees and costs.
Section 3 amends s. 908.107, F.S., to provide that the Attorney General, a state attorney, or a
city attorney may file suit against a local governmental entity, or local law enforcement agency,
or any other appropriate party in a court of competent jurisdiction for declaratory or injunctive
relief for a violation of ch. 908, F.S.
Section 4 creates s. 908.113, F.S., and provides the following prohibitions:
• Persons may not, other than those licensed to practice law in a state, territory, or jurisdiction
of the United States or otherwise authorized to practice law or represent others under federal
law in an immigration matter, engage in the practice of law in an immigration matter for
compensation.
• Persons may not, other than those licensed to practice law in a state, territory, or jurisdiction
of the United States or otherwise authorized to practice law or represent others under federal
law in an immigration matter, engage in the following acts or practices for compensation:
o Selecting or assisting another in selecting, or advising another in selecting, a benefit, visa,
or program to apply for in an immigration matter;
o Soliciting to prepare documents for, or otherwise representing the interests of, another in
a judicial or administrative proceeding in an immigration matter;
o Explaining, advising, or otherwise interpreting the meaning or intent of a question on a
governmental agency form in an immigration matter;
o Charging a fee for referring another to a person licensed to practice law that such person
may perform; and
o Selecting, drafting, or completing legal documents affecting the legal rights of another in
an immigration matter.
The bill establishes that a person or business offering immigration services, other than those
persons or businesses holding active licenses to practice law in Florida or otherwise permitted to
practice law or represent others under federal law in an immigration matter, must post
conspicuous notices on its main website and at its place of business in English and every other
language in which the person or business proves or offers immigration assistance with the
following statement: BILL: CS/SB 846 Page 7
I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT
GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE. I AM NOT
ACCREDITED TO REPRESENT YOU IN IMMIGRATION MATTERS.
The bill prohibits persons, other than those holding an active license to practice law in a state of
the United States or otherwise authorized to practice law or represent others under federal law in
an immigration matter, engage in the following acts or practices, regardless of whether
compensation is sought:
• Representing, either orally or in any document, letterhead, advertisement, stationery,
business card, website, or other comparable written material, that he or she is a notario
público, notario, immigration assistant, immigration consultant, immigration specialist, or
using any other designation or title, in any language, that conveys or implies that he or she
possesses professional legal skills in the area of immigration law, and
• Representing, in any language, either orally or in any document, letterhead, advertisement,
stationery, business card, website, or other comparable written material, that he or she can or
is willing to provide services in an immigration matter, if such services would constitute the
practice of law.
The provisions prohibiting the unlicensed practice of law in the bill do not apply to the activities
of nonlawyer assistants acting under the supervision of a person holding an active license to
practice law in Florida or otherwise authorized to practice law or represent others under federal
law in an immigration matter. Additionally, a person is not prohibited from offering translation
or interpretation services, regardless of whether compensation is sought. Translating words
contained on a governmental form from English to another language and translating a person’s
words from another language to English does not constitute the unauthorized practice of law.
The bill takes effect, July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None. BILL: CS/SB 846 Page 8
E. Other Constitutional Issues:
None Identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
More actions may be brought in court to enforce the provisions in the bill and grant relief
to aggrieved parties.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
Section 117.01(4)(f), F.S., provides that the unauthorized practice of law constitutes
malfeasance, misfeasance, or neglect of duty, and authorizes the Governor to suspend a notary
public.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 117.05, 117.107,
908.107.
This bill creates s. 908.113 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism on March 25, 2025:
The committee substitute removes the requirement that an action be set for trial at the
earliest possible date and take precedence over all other cases for violations of ss.
117.107(13)(a) and 117.05(11), F.S., which are the sections of the bill restricting the use
of the phrase "notary public" into a language other than English and prohibiting a notary
public who does not hold an active law license from practicing law. The committee
substitute removes the provision providing a private right of action and damages for BILL: CS/SB 846 Page 9
violations of ch. 908, F.S., which is the chapter that provides the framework for federal
immigration enforcement. Additionally, the committee substitute removes certain
provisions in s. 908.113, F.S., which is the section of the bill providing fraud protection
for the unlicensed or unauthorized practice of law, and lists certain prohibitions for
individuals other than those authorized to practice law relating to assisting individuals in
immigration matters.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.