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SB317-SSA1,25,1918 (d) Any law governing the creation and execution of marital property
SB317-SSA1,25,2220 (e) Any law governing the creation and execution of powers of attorney for
21health care, declarations to physicians (living wills), and authorizations for use and
22disclosure of protected health care information.
SB317-SSA1,25,25 23(11) (a) The remote notary council shall adopt standards to implement this
24section. The department shall promulgate by rule the standards adopted, amended,
25or repealed by the council under this paragraph.
1(b) To keep the standards and practices of notaries public in this state in
2harmony with the standards and practices of notaries public in other jurisdictions
3that enact substantially this section and to keep the technology used by notaries
4public in this state compatible with technology used by notaries public in other
5jurisdictions that enact substantially this section, the remote notary council, so far
6as is consistent with the purposes, policies, and provisions of this section, in
7adopting, amending, and repealing standards shall consider all of the following:
SB317-SSA1,26,88 1. Standards and practices of other jurisdictions.
SB317-SSA1,26,109 2. The most recent standards promulgated by national standard-setting
SB317-SSA1,26,1111 3. The views of interested persons and governmental officials and entities.
SB317-SSA1,26,1412 4. The need for security protection to ensure that notarial acts for remotely
13located individuals are accurate, authentic, adequately preserved, and resistant to
SB317-SSA1,26,1715 (c) The remote notary council shall review the statutes related to notarial acts
16for remotely located individuals and shall recommend to the legislature any changes
17in the statutes that the council finds necessary or advisable.
SB317-SSA1,46 18Section 46 . 140.15 of the statutes is created to read:
SB317-SSA1,26,20 19140.15 Certificate of notarial act. (1) A notarial act must be evidenced by
20a certificate. The certificate must satisfy all of the following:
SB317-SSA1,26,2121 (a) Be executed contemporaneously with the performance of the notarial act.
SB317-SSA1,26,2322 (b) Be signed and dated by the notarial officer and, if the notarial officer is a
23notary public, be signed in the same manner as on file with the department.
SB317-SSA1,26,2424 (c) Identify the jurisdiction in which the notarial act is performed.
SB317-SSA1,26,2525 (d) Contain the title of office of the notarial officer.
1(e) If the notarial officer is a notary public, indicate the date of expiration, if any,
2of the officer's commission.
SB317-SSA1,27,10 3(2) If a notarial act regarding a tangible record is performed by a notary public,
4an official stamp must be affixed to or embossed on the certificate. If a notarial act
5is performed regarding a tangible record by a notarial officer other than a notary
6public and the certificate contains the information specified in sub. (1) (b), (c), and
7(d), an official stamp may be affixed to or embossed on the certificate. If a notarial
8act regarding an electronic record is performed by a notarial officer and the
9certificate contains the information specified in sub. (1) (b), (c), and (d), an official
10stamp may be attached to or logically associated with the certificate.
SB317-SSA1,27,12 11(3) A certificate of a notarial act is sufficient if it meets the requirements of
12subs. (1) and (2) and satisfies any of the following:
SB317-SSA1,27,1313 (a) Is in a short form set forth in s. 140.16.
SB317-SSA1,27,1414 (b) Is in a form otherwise permitted by the law of this state.
SB317-SSA1,27,1615 (c) Is in a form permitted by the law applicable in the jurisdiction in which the
16notarial act was performed.
SB317-SSA1,27,1917 (d) Sets forth the actions of the notarial officer and the actions are sufficient
18to meet the requirements of the notarial act as provided in ss. 140.05, 140.06, and
19140.07 or law of this state other than this chapter.
SB317-SSA1,27,22 20(4) By executing a certificate of a notarial act, a notarial officer certifies that
21the officer has complied with the requirements and made the determinations
22specified in ss. 140.04, 140.05, and 140.06.
SB317-SSA1,27,24 23(5) A notarial officer may not affix the officer's signature to, or logically
24associate it with, a certificate until the notarial act has been performed.
1(6) If a notarial act is performed regarding a tangible record, a certificate must
2be part of, or securely attached to, the record. If a notarial act is performed regarding
3an electronic record, the certificate must be affixed to, or logically associated with,
4the electronic record. If the department has established standards pursuant to s.
5140.27 for attaching, affixing, or logically associating the certificate, the process
6must conform to the standards.
SB317-SSA1,47 7Section 47 . 140.16 of the statutes is created to read:
SB317-SSA1,28,10 8140.16 Short form certificates. The following short form certificates of
9notarial acts are sufficient for the purposes indicated, if completed with the
10information required by s. 140.15 (1) and (2):
SB317-SSA1,28,11 11(1) For an acknowledgment in an individual capacity:
SB317-SSA1,28,1212 State of ....
SB317-SSA1,28,1313 County of ....
SB317-SSA1,28,1514 This record was acknowledged before me on ... (date) by .... (name(s) of
SB317-SSA1,28,1616 .... (Signature of notarial officer)
SB317-SSA1,28,1818 .... (Title of office)
SB317-SSA1,28,1919 [My commission expires: ....]
SB317-SSA1,28,20 20(2) For an acknowledgment in a representative capacity:
SB317-SSA1,28,2121 State of ....
SB317-SSA1,28,2222 County of ....
SB317-SSA1,28,2523 This record was acknowledged before me on .... (date) by .... (name(s) of
24individual(s)) as .... (type of authority, such as officer or trustee) of .... (name of party
25on behalf of whom record was executed).
1.... (Signature of notarial officer)
SB317-SSA1,29,33 .... (Title of office)
SB317-SSA1,29,44 [My commission expires: ....]
SB317-SSA1,29,5 5(3) For a verification on oath or affirmation:
SB317-SSA1,29,66 State of ....
SB317-SSA1,29,77 County of ....
SB317-SSA1,29,98 Signed and sworn to (or affirmed) before me on .... (date) by .... (name(s) of
9individual(s) making statement).
SB317-SSA1,29,1010 .... (Signature of notarial officer)
SB317-SSA1,29,1212 .... (Title of office)
SB317-SSA1,29,1313 [My commission expires: ....]
SB317-SSA1,29,14 14(4) For witnessing or attesting a signature:
SB317-SSA1,29,1515 State of ....
SB317-SSA1,29,1616 County of ....
SB317-SSA1,29,1717 Signed [or attested] before me on .... (date) by .... (name(s) of individual(s)).
SB317-SSA1,29,1818 .... (Signature of notarial officer)
SB317-SSA1,29,2020 .... (Title of office)
SB317-SSA1,29,2121 [My commission expires: ....]
SB317-SSA1,29,22 22(5) For certifying or attesting a copy of a record:
SB317-SSA1,29,2323 State of ...
SB317-SSA1,29,2424 County of ....
1I certify or attest that this is a true and correct copy of a record in the possession
2of ....
SB317-SSA1,30,33 Dated: ....
SB317-SSA1,30,44 ....(Signature of notarial officer)
SB317-SSA1,30,66 ..... (Title of office)
SB317-SSA1,30,77 [My commission expires: ....]
SB317-SSA1,48 8Section 48 . 140.17 of the statutes is created to read:
SB317-SSA1,30,10 9140.17 Official stamp. The official stamp of a notary public must satisfy all
10of the following criteria:
SB317-SSA1,30,12 11(1) Include the notary public's name, jurisdiction, commission expiration date
12if applicable, and other information required by the department.
SB317-SSA1,30,14 13(2) Be capable of being copied together with the record to which it is affixed or
14attached or with which it is logically associated.
SB317-SSA1,49 15Section 49 . 140.18 of the statutes is created to read:
SB317-SSA1,30,18 16140.18 Stamping device. (1) (a) A notary public is responsible for the
17security of the notary public's stamping device and may not allow another individual
18to use the device to perform a notarial act.
SB317-SSA1,30,2219 (b) On resignation from, or the revocation or expiration of, the notary public's
20commission, or on the expiration of the date set forth in the stamping device, if any,
21the notary public shall disable the stamping device by destroying, defacing,
22damaging, erasing, or securing it against use in a manner that renders it unusable.
SB317-SSA1,31,223 (c) On the death or adjudication of incompetency of a notary public, the notary
24public's personal representative or guardian or any other person knowingly in

1possession of the stamping device shall render it unusable by destroying, defacing,
2damaging, erasing, or securing it against use in a manner that renders it unusable.
SB317-SSA1,31,5 3(2) If a notary public's stamping device is lost or stolen, the notary public or the
4notary public's personal representative or guardian shall promptly notify the
5department on discovering that the device is lost or stolen.
SB317-SSA1,50 6Section 50 . 140.20 of the statutes is created to read:
SB317-SSA1,31,12 7140.20 Notification regarding performance of notarial act for remotely
8located individuals; selection of technology; acceptance of tangible copy of
9electronic record. (1)
A notary public may select one or more tamper-evident
10technologies to perform notarial acts with respect to electronic records. A person may
11not require a notary public to perform a notarial act with respect to an electronic
12record with a technology that the notary public has not selected.
SB317-SSA1,31,20 13(2) Before a notary public performs the notary public's initial notarial act for
14a remotely located individual under s. 140.145, the notary public shall notify the
15department that the notary public will be performing notarial acts for remotely
16located individuals under s. 140.145 and identify the technology the notary public
17intends to use. If the department has established standards for approval of
18technology pursuant to s. 140.27, the technology must conform to the standards. If
19the technology conforms to the standards, the department shall approve the use of
20the technology.
SB317-SSA1,31,25 21(3) A register of deeds may accept for recording a tangible copy of an electronic
22record containing a notarial certificate as satisfying any requirement that a record
23accepted for recording be an original, if the notarial officer executing the notarial
24certificate certifies or attests that the tangible copy is an accurate copy of the
25electronic record.
1Section 51. 140.24 of the statutes is created to read:
SB317-SSA1,32,3 2140.24 Database of notaries public. The department shall maintain an
3electronic database of notaries public to which all of the following apply:
SB317-SSA1,32,5 4(1) A person may verify through the database the authority of a notary public
5to perform notarial acts.
SB317-SSA1,32,8 6(2) The database indicates whether a notary public has notified the
7department that the notary public will be performing notarial acts for remotely
8located individuals under s. 140.145.
SB317-SSA1,52 9Section 52 . 140.26 of the statutes is created to read:
SB317-SSA1,32,17 10140.26 Validity of notarial acts. Except as otherwise provided in s. 140.04
11(2), the failure of a notarial officer to perform a duty or meet a requirement specified
12in this chapter does not invalidate a notarial act performed by the notarial officer.
13The validity of a notarial act under this chapter does not prevent an aggrieved person
14from seeking to invalidate the record or transaction that is the subject of the notarial
15act or from seeking other remedies based on law of this state other than this chapter
16or law of the United States. This section does not validate a purported notarial act
17performed by an individual who does not have the authority to perform notarial acts.
SB317-SSA1,53 18Section 53 . 140.27 of the statutes is created to read:
SB317-SSA1,32,21 19140.27 Rules; powers of the department. (1) (a) Subject to pars. (b) and
20(c), the department shall promulgate rules to implement this chapter. These rules
21shall do all of the following: