In a surprising departure from his typically restrictive immigration policies, Florida Governor Ron DeSantis has signed HB 915, a groundbreaking law designed to protect immigrants, including those without documentation, from fraudulent practices by notaries posing as legal advisors. This legislation, set to take effect on July 1, 2025, imposes stringent limits on the services unlicensed notaries can provide, a move long advocated by pro-immigrant organizations in response to the rise in legal scams targeting vulnerable communities across the state.
Referred to as the “Representation Services Advertisement Act,” HB 915 prohibits public notaries who are not licensed attorneys from offering or advertising services related to immigration processes. These notaries are required to prominently display in their offices and promotional materials a clear disclaimer stating: “I am not a licensed attorney and cannot provide legal advice or accept fees for legal advice. I am not accredited to represent you in immigration matters.” The law also bans the use of terms such as “immigration assistant” or “immigration specialist,” which may mislead individuals from countries where notaries are entrusted with comprehensive legal functions.
Furthermore, the legislation establishes a legal pathway for victims of such deceptive practices to seek damages, including the recovery of legal fees. This enactment has been hailed as a significant step forward in safeguarding immigrants, particularly in areas like South and Central Florida where notary fraud is rampant.
The law was championed by Democratic Representatives Johanna López and Marie Paul Woodson, along with Senator Tina Polsky, receiving broad bipartisan support. However, Republican Representative Kiyan Michael from Jacksonville stood as the lone dissenter, citing personal reasons tied to his son's death in a crash involving an immigrant deported twice. Despite his opposition, the law garnered backing from conservative and religious sectors. Michael Sheedy, Executive Director of the Florida Conference of Catholic Bishops, expressed that the measure would benefit the entire community: “Immigrants striving to navigate the system will be better protected against fraud. This is good for everyone,” he commented.
Florida, with one of the largest immigrant populations in the United States, has in recent years become a focal point for stringent immigration actions. From employment restrictions to raids and direct collaboration with ICE, countless immigrants live in constant fear of deportation. In this context, HB 915 represents a rare legislative win for immigrant rights and suggests that consensus in favor of the vulnerable can be achieved, at least on specific issues.
Understanding the Impact of Florida's New Notary Fraud Law
What is the main goal of Florida's HB 915?
The primary aim of HB 915 is to protect immigrants from fraudulent practices by notaries who falsely present themselves as legal advisors, especially in immigration matters.
When will the new law take effect?
The law is scheduled to come into effect on July 1, 2025.
Who supported the enactment of HB 915?
The law was supported by Democratic Representatives Johanna López and Marie Paul Woodson, Senator Tina Polsky, and received bipartisan backing, with endorsement from some conservative and religious groups.
What are the consequences for notaries under this law?
Notaries who are not licensed attorneys are prohibited from advertising or providing services related to immigration and must display clear disclaimers about their non-attorney status. They also face legal consequences if involved in fraudulent practices.