The Florida 'Signature by Mark': Helping Those Who Cannot Sign
- Olivia Sterling
- Jan 19
- 3 min read
Navigating the legal requirements of document signing can be daunting, especially for those in our Orlando community facing physical limitations or literacy challenges. Whether you are recovering at a healthcare facility in Lake Nona, residing in Winter Park, or visiting the Orange County Courthouse downtown, Florida law ensures your voice is heard. Under current 2026 regulations, Florida provides specific pathways for individuals to execute documents even if they cannot sign their name in the traditional sense. Understanding these rules is vital to ensure your deeds, wills, and power of attorney forms are legally binding and accepted by the Orange County Comptroller.
💡 Key Takeaways
Florida law distinguishes between making a physical 'mark' and using a 'proxy' signer.
Two disinterested witnesses are required for both Signature by Mark and Signature by Proxy.
New 2026 legislative updates (SB 1232) require electronic watermarks for property deeds to prevent fraud.
The Orange County Comptroller strictly enforces name legibility for all witnesses and signers.
Understanding the 'Signature by Mark' (Section 117.05(14)(a))
For many Orlando residents who may be illiterate or have limited physical mobility, making a simple mark—such as an "X"—is the standard way to execute a document. Pursuant to Section 117.05(14)(a), Florida Statutes, this process requires specific steps to be valid:
✖️ The Mark: The signer must make their mark in the presence of the notary and two disinterested witnesses. A disinterested witness is someone who has no financial or beneficial interest in the document.
✒️ Notary Notation: As your notary, we must write your full name around the mark and include the phrase "His Mark" or "Her Mark."
📄 Specific Certification: The notarial certificate must be adapted to state that the individual signed with a mark in the presence of the required witnesses.
Signature by Proxy for Total Physical Disability
If a resident is physically unable to make any mark at all, Florida law allows for a Signature by Proxy under Section 117.05(14)(b)-(d). In this scenario, the signer verbally directs the notary to sign on their behalf.
This is a high-responsibility act. The notary must include a mandatory notation: “Signature affixed by notary, pursuant to s. 117.05(14), Florida Statutes.” Additionally, we are required to maintain proof of this authorization in our records for 10 years. This level of diligence ensures that residents in areas like Dr. Phillips or Maitland are protected from fraud and that their intentions are legally preserved.
2026 Updates and Orange County Recording Standards
As of 2026, Senate Bill 1232 has introduced new safeguards for real property conveyances. If you are using a Remote Online Notary (RON) for a property deed, the electronic signature must now feature a watermark containing the date, time, and the names of the parties involved. This prevents the fraudulent "copy-pasting" of signatures on digital documents.
Furthermore, if you plan to record your documents at the Orange County Comptroller’s Office (located at 109 E. Church St., Orlando, FL 32801), you must adhere to local standards:
✔️ Legibility: All names, including those of the two disinterested witnesses, must be legibly printed or stamped beneath the signatures.
✔️ Fees: Standard recording fees for 2026 are $10 for the first page and $8.50 for each additional page. Note that if a "Signature by Mark" involves more than four names (Signer + 2 Witnesses + Notary), the Comptroller may charge an additional $1.00 per name.
Physical limitations shouldn't stop you from completing your legal documents. We provide patient, compliant assistance for signatures by mark. Whether you need a mobile notary to meet you at an Orlando hospital or prefer the convenience of a Remote Online Notarization, we are here to ensure your documents meet every Florida statutory requirement. Contact us today for professional Orlando Mobile or Remote Online Notary services.
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