SB 846 — Advertisements for Representation Services

Florida Senate - 2025 CS for CS for SB 846 By the CommitteesCommittee on Rules;Commerce and Tourism;

and CommerceSenator andPolsky Tourism;577-02810-25 2025846c1 A bill to be entitled An act relating to notary public fraud;

and Senators Polsky, Pizzo, Smith, and Arrington 595-03658-25 2025846c2 A bill to be entitled An act relating to advertisements for representation services;

prohibiting the literal translation of the phrase “Notary Public” into a language other than English;

specifying the applicable penalties for violations;

amending s.

117.107, F.S.;

authorizing declaratory or injunctive relief and civil actions for injunctive relief or to recover damages;

providing for the recovery of attorney fees and costs;

amending s.

908.107, F.S.;

authorizing certain entities to file suit for declaratory or injunctive relief for certain violations;

117.051,908.113, F.S.;

creatingprohibiting acertain civilpersons causefrom engaging in the practice of actionlaw in immigration matters for declaratorycompensation or injunctiveengaging reliefin andspecified toacts recoveror damagespractices andfor attorneycompensation feesin andimmigration costs;matters;

creatingproviding s.exceptions;

501.1391,requiring F.S.;certain persons or businesses offering immigration assistance to make a specified disclosure;

requiringproviding certainapplicability; businesses or persons offering immigration services to post a conspicuous notice with a specified statement;

creatingproviding aconstruction; civil cause of action for declaratory or injunctive relief and to recover damages and attorney fees and costs;

Subsection (11) of section 117.05, Florida Statutes, is amended,amended and subsection (10) of that section is republished, to read:

photocopies;Page 1 of 5 CODING:

penalties.— (10) A notary public who is not an attorney who advertises the services of a notary public in a language other than English, whether by radio, television, signs, pamphlets, newspapers, or other written communication, with the exception of a single desk plaque, shall post or otherwise include with the advertisement a notice in English and in the language used Page 1 of 3 CODING:

Florida Senate - 2025 CS for CS for SB 846 595-03658-25577-02810-25 2025846c22025846c1 forphotocopies; the advertisement.

Thepenalties.— notice(11) shallLiteral betranslation of the phrase “Notary Public” into a conspicuouslanguage size,other ifthan English is prohibited in writing,an andadvertisement shallfor state:notarial services.

“IA AMperson NOTwho ANviolates ATTORNEYthis LICENSEDsubsection TO PRACTICE LAW IN THE STATE OF FLORIDA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.” If the advertisement is bysubject radioto or television, the statementpenalties mayin bes. modified but must include substantially the same message.

(11)(a)117.107(13)(b). Literal translation of the phrase “Notary Public” into a language other than English is prohibited in an advertisement for notarial services.

(b) A notary public who is not authorized to represent a person in an immigration matter may not, when advertising his or her notary public services, use the terms notario público, notario, immigration assistant, immigration consultant, or 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.

SectionSubsection 117.051,(13) Floridais Statutes,added isto createdsection 117.107, Florida Statutes, to read:

117.051117.107 CivilProhibited causeacts.— of(13)(a) action.—AA personnotary aggrievedpublic, bywho does not hold an active license to practice law in a violationstate, territory, or jurisdiction of s.the United States and is not otherwise authorized to practice law or represent others under federal law in an immigration matter, may not, when advertising his or her notary public services, 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.

117.05(10)(b) orFor (11) has a civilviolation cause of actionparagraph against(a) theor entitys. violating such provision for, where appropriate:

(1)117.05(11): Declaratory or injunctive relief.

(2)1. Actual damages.

(3)The ReasonableAttorney General, a state attorney, or a city attorney feesmay andfile costs.suit against the appropriate party in a court of competent jurisdiction for declaratory or injunctive relief.

2.

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.

3.

If a person or an entity prevails in a civil action for injunctive relief, the person or entity is entitled to recover Page 2 of 5 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for SB 846 577-02810-25 2025846c1 reasonable attorney fees and costs.

SectionSubsection 501.1391,(2) of section 908.107, Florida Statutes, is createdamended to read: