Democrats file bills to protect immigrants from notary fraud

Three Democratic lawmakers hope to stop language gaps from enabling swindlers.

Sen. Tina Scott Polsky and Reps. Johanna López and Marie Woodson have filed twin bills (SB 846, HB 915) to prevent cases of notary fraud against immigrants who are trying to properly legalize their status.

Despite the legislation’s immigration focus, it’s hardly a partisan issue.

If passed, the measure would prohibit notaries from referring to themselves as a “notario,” “notario público,” immigration consultant or any other title suggesting that they possess professional legal skills in immigration law.

The measure would also require people or businesses to clearly notify customers that they are not licensed immigration law practitioners and provide prosecutors and victims of fraud legal paths to seek monetary damages against fraudsters.

The problem the legislation seeks to address stems from an unfortunate loss in translation.

In Hispanic countries, a “notario público” is a highly trained legal professional similar to a lawyer who provides legal advice and can draft legal documents, according to the National Notary Association.

But in the United States, a notary public is a state-commissioned official with narrow witnessing duties and far less discretion. In many cases, their authority begins and ends with signing a document stating they witnessed others signing it.

Naturally, this has led many Spanish speakers and those for whom English is either a second or foreign language to be misled into thinking they are dealing with legitimate legal experts. And some unscrupulous people have capitalized on the misunderstanding, accepting payment for services they are neither trained nor authorized to perform and then improperly handling and filing visas, green cards, work permits and citizenship applications.

Polsky, a Boca Raton lawyer, said the recent back-to-back Special Sessions on immigration show that it’s as much a front-and-center issue in the Sunshine State as it is federally, so her proposal should gain traction as lawmakers convene for Session next week.

“Due to the high priority this Legislature and (Gov. Ron DeSantis) placed on immigration, I hope that our legislation will be a priority … to address the ongoing issue of fraud and provide vital legal resources for our immigrant community,” she said in a statement.

“I look forward to working with my colleagues, community advocates, and legal experts to bring this bill to life and make Florida a safer place for all who call it home.”

Woodson, a public administrator from Hollywood who was born and spent her youth in Haiti, said that despite existing laws that regulate the legal profession, “notario fraud” remains a persistent problem in Florida.

“Many victims fearing retaliation or uncertain about their rights to not report these fraudulent practices, allowing bad actors to continue operating with impunity,” she said in a statement. “That is why our proposed legislation seeks to require cleaner disclosure requirements for non-attorneys offering immigration-related services.”

Several lawmakers have tried recently to address notary fraud. Last year, Hialeah Gardens Republican Sen. Bryan Ávila carried a proposal to stiffen penalties against wrongdoers while hiking record-keeping and recording strictures. The bill passed unanimously in the Senate before stalling out in the House, where Miami Republican Rep. Juan Porras carried a similar companion measure.

The legislation followed several notary-related fraud cases, including ones involving Miami’s then-City Attorney, a pair arrested in Monroe County on forgery charges and other, similar schemes across the state aimed at stealing homes from the elderly.

In December, the Orange-Osceola State Attorney’s Office dropped charges against former Rep. Carolina Amesty, a Republican notary public from Windermere, who had been accused of forging a form for a private school her father founded.

Amesty, who lost her re-election bid in November, consistently maintained her innocence.

The bills by Polsky, López and Woodson are narrower in scope than Ávila and Porras’ proposals. But their priorities — preventing fraud and punishing those who commit it — overlap.

López, an Orlando public relations and civic engagement specialist, said her legislation will help countless people.

“Florida is home to millions of immigrants who contribute to our economy, culture and communities,” she said. “They are business owners, teachers, healthcare workers, and neighbors who enrich the fabric of our state. Ensuring they have access to legitimate legal representation and protection from fraud is not just a moral imperative — it is a matter of public safety and economic stability.”

SB 846 and HB 915 await committee references. The 2025 Legislative Session begins March 4.

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