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Florida Lawmakers File Bill to Protect Immigrants from Notary Fraud

While we come across the occasional article about notary fraud, it is not something that seems to be too widespread. We did in the past speak a bit about notarios, notaries that focus on immigrants, some taking advantage of the situation.

Enter Florida Bills SB 846 and HB 915. They both focus on stopping notario fraud on immigrants.

The definition of a notario is different for many countries, and immigrants often believe information given to them that is not allowed under United States Law. Some represent themselves about giving advice on immigration law.

In many South American countries, notario publicos are highly trained legal professionals on par with lawyers. They can provide legal advice, as well as draw up legal documents.

This has led to many immigrants being confused on the situation, and seeking advice from a notario publico that is not allowed to advise on those situations.

Abolish Notarios

Florida Lawmakers File Bill to Protect Immigrants from Notary Fraud

While not that dramatic, the bills would no longer allow notaries to advertise or represent themselves as notarios or notario publico. They must also refrain from using any other title that makes the public believe that they are able to give legal advice, be that for immigration or other purposes.

But, that is not all.

Notaries must also provide clear information they have any title which allows them to give legal advice on immigration and other types of laws. While it is not known the definition of clear, some signage or flyer would probably do the trick.

Moving Forward

One presenter of the bill is Senator Tina Polsky. Polsky believes this bill to get traction, as the state has recently held two special sessions on immigration.

Polsky, a lawyer herself from Boca Raton (about an hour north of Miami) believes the bills will be front and center during the session in the Sunshine State, much as it is nationally.

“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.”

Representative Marie Woodson of Hollywood (a suburb of Fort Lauderdale) explains the laws of protection are not enough to snuff out notario abuse. She is from Hollywood, Florida, but spent much of her youth in Haiti.

“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.”

This is not the first time that this issue has attempted to be addressed. It was just last year. The bill passed the Senate, but fizzled out in the house. This came on the heels of several high profile incidents of alleged fraud. Some of those charges were later dropped.

The bill also addressed acts aimed at stealing home from the elderly, reminiscent of the Shasta Signings.

The Florida legislative session started on March 4th.

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