140.04(2)(2) A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer’s spouse or domestic partner is a party or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable.

140.04(3)(3) A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record.

140.05140.05 Requirements for certain notarial acts.

140.05(1)(1) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.

140.05(2)(2) A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.

140.05(3)(3) A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.

140.05(4)(4) A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item.

140.05(5)(5) A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in s. 403.505 (2).

140.06140.06 Personal appearance required. If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer.

140.07140.07 Identification of individual.

140.07(1)(1) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.

140.07(2)(2) A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual in any of the following ways:

140.07(2)(a)1.1. A passport, vehicle operator’s license, or government-issued identification card, which is current or expired not more than 3 years before performance of the notarial act.

140.07(2)(a)2.2. Another form of government identification issued to an individual, which is current or expired not more than 3 years before performance of the notarial act, contains the signature or a photograph of the individual, and is satisfactory to the officer.

140.07(2)(b)(b) By a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, vehicle operator’s license, or government-issued identification card, which is current or expired not more than 3 years before performance of the notarial act.

140.07(3)(3) A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual.

140.08140.08 Authority to refuse to perform notarial act.

140.08(1)(1) A notarial officer may refuse to perform a notarial act if the officer is not satisfied with respect to any of the following:

140.08(1)(a)(a) That the individual executing the record is competent or has the capacity to execute the record.

140.08(1)(b)(b) That the individual’s signature is knowingly and voluntarily made.

140.08(2)(2) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this chapter.

140.09140.09 Signature if individual unable to sign. If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert “Signature affixed by (name of other individual) at the direction of (name of individual)” or words of similar import.