AB293,19 Section 19. Subchapter II (title) of chapter 137 [precedes 137.11] of the statutes is amended to read:

AB293,12,16 CHAPTER 137

AB293,12,20 SUBCHAPTER II ELECTRONIC TRANSACTIONS AND RECORDS; ELECTRONIC NOTARIZATION AND ACKNOWLEDGEMENT

AB293,20 Section 20. 137.11 (8) of the statutes is amended to read:

AB293,12,24 137.11 (8) “Electronic signature" means an electronic sound, symbol, or process attached to, incorporated into, or logically associated with a record and executed or adopted by a person with the intent to sign the record.

AB293,21 Section 21. 137.19 of the statutes is amended to read:

AB293,13,6 137.19 Notarization and acknowledgement. If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to administer the oath or to make the notarization, acknowledgment, or verification, together with all other information required to be included by other applicable law, is attached to, incorporated into, or logically associated with the signature or record.

AB293,22 Section 22. 137.195 of the statutes is created to read:

AB293,13,8 137.195 Online notarization. (1) Definitions. In this section:

AB293,13,9 (a) “Credential” means a tangible record evidencing the identity of a person.

AB293,13,13 (b) “Credential analysis" means a process or service that complies with any rules promulgated by the department through which a 3rd party affirms the validity of a government-issued credential or any data thereon through review of public and proprietary data sources.

AB293,13,17 (c) “Communication technology” means an electronic device or process that allows an individual physically in one location and a notary public physically located at another location in this state to communicate with each other in real time by sight and sound.

AB293,13,18 (d) “Department” means the department of financial institutions.

AB293,13,22 (e) “Identity proofing" means a process or service operating according to criteria approved by the department through which a 3rd party affirms the identity of an individual through review of personal information from public and proprietary data sources.

AB293,13,25 (f) “Online notarial act" or “online notarization” means a notarial act, as defined in s. 706.07 (1) (c), performed by means of communication technology that meets the standards established by the department.

AB293,14,2 (g) “Online notary public” means a person appointed and holding a commission under s. 137.01 (2m).

AB293,14,3 (h) “Principal" means any of the following:

AB293,14,5 1. An individual whose electronic signature is notarized in an online notarization.

AB293,14,7 2. An individual taking an oath or affirmation from an online notary public but not in the capacity of a witness for the online notarial act.

AB293,14,9 (i) “Real time” means the actual span of uninterrupted time during which all parts of an online notarial act occur.

AB293,14,12 (j) “Remote presentation" means the transmission to an online notary public through communication technology of an image of a government-issued credential that is of sufficient quality to enable the online notary public to do all of the following:

AB293,14,13 1. Identify the individual appearing before the online notary public.

AB293,14,14 2. Perform a credential analysis.

AB293,14,16 (k) “United States” has the meaning given in s. 990.01 (44) but also includes a tribe, as defined in s. 822.02 (16).

AB293,14,19 (2) Authority to perform online notarizations. (a) An online notary public may perform online notarial acts for a person who is physically located in the United States.

AB293,14,21 (am) An online notary public may perform online notarial acts for a person who is physically located outside the United States if all of the following apply:

AB293,14,24 1. The online notarial act is not, to the notary's actual knowledge, prohibited in the jurisdiction where the person is physically located at the time of the online notarial act.

AB293,14,25 2. The online notarial act relates to any of the following:

AB293,15,2 a. A matter that is before a court, a governmental entity, or another entity in the United States.