Florida Notaries need to be aware of a significant new law that will change how they advertise. House Bill 915 aims to protect immigrants from deceptive practices by prohibiting Notaries from using specific immigration-related terms in their advertising and by requiring businesses offering non-legal immigration services to provide clear disclosures.
What’s Changing for Florida Notaries?
House Bill 915 adds new sections to the Florida Statutes (501.1391 and 117.051) and amends Section 117.05, bringing Florida in line with many other states that have long had similar protections in place. Here's a breakdown of the key changes:
- Prohibited Terminology for Notaries: If you are a Notary Public and are not authorized to represent individuals in immigration legal matters, you are now prohibited from using terms such as “notario público,” “notario,” “immigration assistant,” “immigration consultant,” or “immigration specialist” when advertising your Notary Public services. This ban extends to any other designation or title, in any language, that conveys or implies you possess professional legal skills in immigration law.
- New penalties: Notaries who fail to follow the new law or provide the new required advertising disclosure (see below) can be held liable in a lawsuit to customers for damages and other expenses such as attorney fees. HB 915 also clarifies that Notaries who fail to comply with Florida’s existing requirement to post a disclaimer when advertising services in a foreign language (FS 117.05[10]) can also be held liable for damages to customers.
Impact on Businesses Offering Non-Legal Immigration Services
The new law affects businesses and persons offering general non-legal immigration services such as immigration forms specialists who are not licensed attorneys or otherwise permitted to practice law in immigration matters.
- Required Disclosures: These businesses are now mandated to post a conspicuous notice on their main websites and at their physical places of business. This notice must be in English and in every other language in which the business offers or provides non-legal immigration services. The notice must include a prescribed statement clarifying that the business operator is not an attorney licensed to practice law, may not give legal advice or accept fees for legal advice, and is not accredited to represent individuals in immigration matters. As stated above, businesses that fail to include this prescribed notice on their websites and at their places of business can be held liable for damages.
Why Now?
Many other states recognized years ago the potential for confusion and exploitation when Notaries used terms like “notario público,” which can imply a higher level of legal authority in other countries than a Notary Public holds in the U.S. This often leads immigrants to mistakenly believe they are receiving legal advice or representation.
The Florida Legislature's decision to establish these restrictions and introduce a private right of action for violations also acknowledges the legitimate role of businesses that provide non-legal immigration assistance to immigrants. These non-legal clerical and ministerial services, such as translating and completing immigration forms at the direction of the client, are crucial for immigrants who cannot complete immigration forms themselves and may not be able to afford an attorney. The new disclosure requirements ensure transparency while allowing these vital services to continue. And House Bill 915 erects clear guardrails for Notaries who may operate one of these businesses by prohibiting them from pitching their non-legal immigration services in their Notary Public business advertisements.
What Does This New Florida Law Mean for You?
If you are a Notary Public in Florida, or if you operate a business providing non-legal immigration assistance, it is imperative that you immediately review your advertising and business practices to ensure full compliance with House Bill 915. Update your websites, advertisements, and physical signage to remove prohibited terms and include the required disclosures. Staying informed and compliant will protect both your business and the communities you serve.
Additional Resources:
Florida 'Not An Attorney' Sign