In many Latin American countries, a notary public, or notario público, is a highly trained legal professional and, in many cases, an attorney.
With notaries public in the United states, that’s not always the case.
The similarity in terminology can lead to confusion and open the door to fraud, making immigrants in the United States believe they’re dealing with a qualified lawyer.
A new law (HB 915) will prohibit Florida notaries without the appropriate law license from misrepresenting their legal experience when advertising their services, and bars them from using terms such as “immigration specialist”, “notario público” and “immigration consultant.”
The law will take effect July 1 and was sponsored by State Sen. Tina Polsky, D-Boca Raton, and Democratic Reps. Johanna López of Orlando and Marie Paule Woodson of Hollywood. The law also gives victims of fraud a way to seek justice or compensation.
The bill received bipartisan support, though Gov. Ron DeSantis did not make any specific mention of it. Florida has made cracking down on illegal immigration one of its priorities, and DeSantis said the state can serve as an example for others in that effort.
According to the law, notaries who are not lawyers must clearly display a disclaimer, in both English and any other language used in their materials, outlining the limitations of their role, including that they “may not give legal advice or accept fees for legal advice,” and that they cannot represent people in “immigration matters.“
In a statement, Woodson underscored the importance of helping those who are most at risk.
“This bill is about protecting vulnerable communities, about advertisement, misleading advertisement, and unauthorized legal practices,” she said. “It’s about transparency and accountability.”
Community advocate Ana Lamb said she receives at least a dozen cases and complaints each month from people who claim to have been victims of fraud by unscrupulous notaries. Lamb, a certified notary public herself, said confusion is especially common among Hispanics.
“A notary is not a lawyer, but people still get confused when they’re dealing with immigration problems,” Lamb said. “In that desperation, people start looking for help and often end up with someone who lies to them and tells them what they want to hear.”
Teresita Matos-Post, executive director of the Presbyterian Beth-El Farmworker Ministry in Wimauma, said the recent legislation “is an important step” in protecting vulnerable communities and immigrants who may not be familiar with how the legal system works in the United States.
“In many Latin American countries, notaries are attorneys with broad legal authority, which can cause confusion and lead to abuse here,” Matos-Post added.
Beth-El launched its notary services program last April in response to a growing community need. The organization now has five registered notaries. The program includes educational efforts to help community members clearly understand the role and limitations of a notary public, which helps reduce the risk of fraud.
In Tampa, one of the most severe fraud cases was orchestrated by Elvis Harold Reyes of Brandon. Reyes posed as a pastor, notary and immigration attorney. He collected thousands of dollars from more than 200 immigrants by promising to obtain documents such as driver’s licenses, work permits and green cards. In 2021, he was sentenced to 20 years in prison.
Elizabeth Gutierrez, a Hispanic community leader and founder of the Wimauma nonprofit Enterprising Latinas, said it makes sense to define the scope of notary services because “there are too many bad actors.”
“This law will protect people needing professional and experienced legal services,” Gutierrez said.