DeSantis bill targets notario fraud to protect Florida immigrants

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Key Takeaways

• Florida’s HB 915 enforces strict rules against notario fraud starting July 1, 2025.
• Notaries must include bilingual disclaimers denying legal advice authority in all ads.
• Violators face civil and criminal penalties; public education and reporting channels expand.

Florida’s HB 915: A Legal Update on Combating Notario Fraud and Protecting Immigrant Communities

DeSantis bill targets notario fraud to protect Florida immigrants

Summary and Effective Date

Florida has enacted a new law, HB 915, aimed at protecting Spanish-speaking immigrants from deceptive legal service scams known as notario fraud. The bill received overwhelming bipartisan support, passing the Florida Senate unanimously (36-0) and the House with near-unanimous approval (114-1) on April 25, 2025. As of May 23, 2025, HB 915 awaits Governor Ron DeSantis’ signature, which is expected imminently. Once signed, the law will take effect on July 1, 2025, introducing stricter regulations on how notaries public can advertise and offer their services, especially to immigrant communities.

Background and Reasons for HB 915

What Is Notario Fraud?

Notario fraud is a widespread problem in Florida and across the United States 🇺🇸, particularly affecting Spanish-speaking immigrants. The root of the issue lies in a cultural and linguistic misunderstanding:

In many Latin American countries, a “notario público” is a highly trained legal professional, similar to a lawyer, authorized to provide legal advice, draft legal documents, and represent clients in court.
In the United States 🇺🇸, a notary public is not a lawyer. Their role is limited to witnessing signatures and verifying identities on documents. They are not authorized to provide legal advice or represent individuals in immigration or other legal matters.

Unscrupulous individuals exploit this confusion by advertising themselves as “notarios” or “immigration consultants,” offering legal services they are not qualified or licensed to provide. This deception often leads to:

Financial exploitation: Victims pay large sums for services that are either unnecessary or never delivered.
– Legal jeopardy: Incorrect or fraudulent legal advice can result in missed deadlines, lost immigration status, or even deportation.
Emotional distress: Families are left vulnerable, confused, and sometimes separated due to bad advice.

According to analysis by VisaVerge.com, notario fraud has become a persistent threat in states with large immigrant populations, with Florida being a notable hotspot due to its significant Spanish-speaking community.

Why Did Florida Act Now?

The push for HB 915 comes after multiple high-profile fraud cases in Florida, including:

Miami’s then-City Attorney facing scrutiny over notary-related issues.
Arrests in Monroe County for forgery and fraudulent legal services.
Schemes targeting elderly residents, including attempts to steal homes through forged documents.

These incidents highlighted the urgent need for stronger consumer protections. As one supporter of the bill noted during legislative hearings, “We’re going to need it now more than ever before as people are going to have a lot of legitimate questions around their immigration status and immigration-related issues.”

The timing also reflects broader immigration debates in Florida. While Governor DeSantis has promoted strict enforcement measures and positioned Florida as a model for tough immigration policy, HB 915 focuses on protecting immigrants from fraud, showing a different side of the state’s approach to immigration.

Key Features of HB 915

HB 915 introduces several important changes to Florida law to combat notario fraud:

1. Advertising Restrictions for Notaries Public

Prohibits notaries from using the term “notario,” “notario público,” or similar phrases in advertising unless they clearly state they are not attorneys and cannot provide legal advice.
Requires all advertising, business cards, and signage to include a disclaimer in both English and Spanish:
“I am not an attorney licensed to practice law in the State of Florida and may not give legal advice or accept fees for legal advice.”

2. Clear Guidelines for Service Descriptions

Notaries public must accurately describe the services they are authorized to perform.
They are forbidden from offering legal advice, drafting legal documents, or representing individuals in immigration matters unless they are also licensed attorneys.

3. Penalties for Violations

The law establishes civil and criminal penalties for notaries who violate these rules, including fines and possible loss of notary commission.
Repeat offenders may face increased penalties, including criminal prosecution.

4. Consumer Education and Outreach

The bill encourages state agencies and immigrant advocacy groups to educate the public about the differences between notaries and attorneys.
Information campaigns will be conducted in Spanish and other languages commonly spoken by Florida’s immigrant communities.

5. Reporting Mechanisms

Victims of notario fraud will have clearer channels to report abuses to state authorities.
The law requires the Florida Department of State to maintain a publicly accessible database of disciplinary actions against notaries.

Affected Aspects of Law

HB 915 amends several sections of Florida’s statutes related to notaries public, consumer protection, and the unauthorized practice of law. The most significant changes include:

Florida Statutes Chapter 117 (Notaries Public): Adds new requirements for advertising and service descriptions.
Consumer Protection Laws: Expands the definition of deceptive and unfair trade practices to include notario fraud.
Unauthorized Practice of Law: Clarifies that notaries who provide legal advice or represent clients in immigration matters without a law license are committing a criminal offense.

For more information on notary public regulations in Florida, readers can visit the Florida Department of State’s Notary Public page.

Implications for Different Groups

Spanish-Speaking Immigrants

Greater Protection: Immigrants will be less likely to fall victim to scams that exploit language and cultural misunderstandings.
Clearer Information: Disclaimers and public education will help immigrants understand the difference between a notary and a lawyer.
Easier Reporting: Victims will have more accessible ways to report fraud and seek help.

Notaries Public

Stricter Rules: Notaries must review and update all advertising, business cards, and signage to comply with the new law.
Increased Accountability: Violations can result in fines, loss of commission, or criminal charges.
Professional Clarity: Honest notaries benefit from a clearer distinction between their role and that of attorneys, reducing confusion and potential liability.

Attorneys and Legal Service Providers

Reduced Competition from Unqualified Providers: Licensed attorneys will face less competition from fraudulent notarios.
Increased Demand for Legitimate Services: As immigrants become more aware of who can legally provide advice, demand for qualified legal help may rise.

Advocacy Groups

New Tools for Outreach: The law provides a framework for public education campaigns and community workshops.
Partnership Opportunities: Advocacy organizations can collaborate with state agencies to spread awareness and assist victims.

Law Enforcement and Regulatory Agencies

Clearer Enforcement Powers: Agencies will have more authority to investigate and penalize notario fraud.
Public Database: The new database of disciplinary actions will help track repeat offenders and inform the public.

Comparison with Previous Law

Before HB 915:

Notaries public in Florida were already prohibited from giving legal advice or representing clients in legal matters unless they were licensed attorneys.
However, there were no specific requirements for disclaimers in advertising, nor were there clear penalties for misleading use of the term “notario.”
Enforcement was inconsistent, and many immigrants remained unaware of the risks.

After HB 915:

Mandatory Disclaimers: All notary advertising must include clear disclaimers in English and Spanish.
Specific Penalties: The law spells out civil and criminal consequences for violations.
Public Education: The state is required to conduct outreach to immigrant communities.
Reporting and Transparency: Victims have clearer reporting mechanisms, and disciplinary actions are made public.

This shift represents a move from general prohibitions to targeted, enforceable protections designed to address the unique vulnerabilities of Spanish-speaking immigrants.

Implementation Timeline

April 25, 2025: HB 915 passes the Florida House and Senate with overwhelming bipartisan support.
May 23, 2025: The bill is cleared for Governor DeSantis’ signature.
Expected by June 2025: Governor DeSantis signs HB 915 into law.
July 1, 2025: HB 915 takes effect. Notaries public must comply with new advertising and disclosure requirements. State agencies begin public education campaigns. The disciplinary action database goes live.

Real-World Examples and Scenarios

Case Study 1: Maria’s Experience

Maria, a recent immigrant from Honduras, saw an advertisement in Spanish for a “notario” who promised to help her with her green card application. She paid $2,000, but the notario submitted incorrect forms, causing her application to be denied. Maria lost her money and faced possible deportation.

How HB 915 Would Help:

The notario would be required to include a disclaimer stating they are not an attorney and cannot provide legal advice.
Maria would have access to public education materials explaining the difference between a notary and a lawyer.
If the notario violated the law, Maria could report them, and the state could impose penalties.

Case Study 2: Honest Notary’s Dilemma

Carlos is a licensed notary public who only witnesses signatures. He worries that the actions of fraudulent notarios are damaging his reputation.

How HB 915 Would Help:

Carlos can clearly advertise his services with the required disclaimer, distinguishing himself from those who break the law.
The public database of disciplinary actions reassures clients that Carlos operates within the law.

Practical Guidance and Next Steps

For Immigrants:

Always check credentials: Only attorneys or accredited representatives can provide legal advice on immigration matters. You can verify an attorney’s license with the Florida Bar.
Look for disclaimers: If someone advertises as a “notario,” make sure they include the required disclaimer. If not, report them to state authorities.
Report fraud: If you believe you have been a victim of notario fraud, contact the Florida Department of State or a local immigrant advocacy group.

For Notaries Public:

Review all advertising: Update business cards, websites, and signage to include the required disclaimer in English and Spanish.
Do not provide legal advice: Unless you are a licensed attorney, never offer legal services or represent clients in immigration matters.
Stay informed: Attend training sessions and review updates from the Florida Department of State.

For Advocacy Groups:

Educate your community: Use the new law as an opportunity to inform immigrants about their rights and the risks of notario fraud.
Partner with authorities: Work with state agencies to distribute educational materials and assist victims.

Official Resources

Conclusion

Florida’s HB 915 marks a major step forward in protecting immigrant communities from notario fraud. By introducing clear advertising rules, mandatory disclaimers, and stronger penalties, the law addresses a long-standing vulnerability for Spanish-speaking immigrants. The bipartisan support for HB 915 reflects a shared commitment to consumer protection, even amid broader debates over immigration policy.

As the law takes effect on July 1, 2025, immigrants, notaries, and advocacy groups should familiarize themselves with the new requirements and resources. By working together, Florida can reduce fraud, protect vulnerable residents, and ensure that everyone receives accurate, trustworthy legal help.

For ongoing updates and analysis, VisaVerge.com reports that monitoring the implementation of HB 915 will be essential for all stakeholders involved in Florida’s immigration landscape.

Learn Today

Notario Fraud → Deceptive practice where non-lawyers who are not authorized give false legal advice in Spanish-speaking communities.
Notary Public → A person authorized to witness signatures and verify identities but cannot provide legal advice or represent clients.
Disclaimer → A formal statement required in advertisements stating notaries are not licensed attorneys and can’t provide legal advice.
Unauthorized Practice of Law → Offering legal services or advice without a valid law license, which is illegal under Florida law.
HB 915 → Florida legislation enacted in 2025 designed to combat notario fraud with stricter advertising and service rules.

This Article in a Nutshell

Florida enacted HB 915 to protect Spanish-speaking immigrants from notario fraud. It mandates disclaimers, restricts deceptive advertising, and imposes penalties. Effective July 1, 2025, this law empowers consumers and clarifies notaries’ roles, promoting safer, transparent legal services and reducing exploitation in immigrant communities.
— By VisaVerge.com