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Statutory forms, Fla. Stat. § 713.20

Florida
Lien Waiver Forms

Florida Lien Waivers: The Safe-Harbor Forms Under Fla. Stat. § 713.20

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State Rules

How Florida treats lien waivers

Florida prescribes safe-harbor lien waiver forms in Fla. Stat. § 713.20(4) (progress payment) and § 713.20(5) (final payment), and no one may require a lienor to sign a waiver that differs from them. The statutory forms are unconditional on their face (they take effect on signing even if the check never clears), but § 713.20(7) lets a lienor paid by check condition the waiver on payment of that check, which is how Florida conditional waivers are built. No notarization or witness is required, advance waivers are void under § 713.20(2), and the final-payment form waives everything including retainage, so unpaid lienors should stick to conditional or progress forms until funds actually arrive.

What to know about Florida lien waivers

  • Florida's statutory forms are unconditional on their face: they release lien rights on execution even if the check later bounces. A lienor paid by check may elect to condition the waiver on payment of that check (Fla. Stat. § 713.20(7)); the conditional kinds here add that lienor-elected condition.
  • A payor may not require a lienor to furnish a waiver different from the statutory forms (Fla. Stat. § 713.20(6)); conditioning under § 713.20(7) is the lienor's election, not something the payor can demand or forbid.
  • The final-payment form has no retention carve-out: signing it waives the lien for everything furnished, including retainage. Only the progress form excludes retention and labor, services, or materials furnished after the date specified.
  • These forms release only the construction lien on the real property. Payment-bond claim waivers use separate statutory forms (Fla. Stat. § 713.235 private; § 255.05(2) public works) that are not yet supported here.

Florida lien waiver forms we generate

Florida prescribes the waiver language by statute; we generate the exact text of Fla. Stat. § 713.20, filled in with your project details.

Conditional Progress

Conditional Waiver and Release of Lien Upon Progress Payment

Signed when a progress payment is promised: the waiver only takes effect once that payment actually arrives.

Unconditional Progress

Waiver and Release of Lien Upon Progress Payment

Signed after a progress payment has been received: immediately waives lien rights for work through the covered date.

Conditional Final

Conditional Waiver and Release of Lien Upon Final Payment

Signed when the final payment is promised: waives all remaining lien rights, but only once the payment clears.

Unconditional Final

Waiver and Release of Lien Upon Final Payment

Signed after the final payment is in hand: a complete, immediate waiver of lien rights on the project.

Signing a lien waiver in Florida

Execution rules (the form's wording, notarization, witnesses, and whether an electronic signature works) are set by state law. Here's what applies in Florida, built into every waiver we generate.

Advance waivers

Fla. Stat. § 713.20(2): a right to claim a lien may not be waived in advance. A lien right may be waived only to the extent of labor, services, or materials furnished, and any advance waiver is unenforceable.

Florida execution rules

  • ⚖ Statutory form: the waiver must substantially follow the form in Fla. Stat. § 713.20; we generate the statutory text as written.
  • ✓ Notarization: not required in Florida.
  • ✓ Witness: not required in Florida.
  • ✓ E-signature: available. Send Florida waivers for electronic signature and get the signed copy stored with a tamper-evident audit certificate.

Florida lien waiver questions

Which lien waiver forms does Florida use?
Florida sets out safe-harbor lien waiver forms in Fla. Stat. § 713.20. We generate the Conditional Waiver and Release of Lien Upon Progress Payment, the Waiver and Release of Lien Upon Progress Payment, the Conditional Waiver and Release of Lien Upon Final Payment, and the Waiver and Release of Lien Upon Final Payment.
Do Florida lien waivers need to be notarized?
No. Florida does not require lien waivers to be notarized.
What is the difference between a conditional and an unconditional lien waiver in Florida?
A conditional waiver takes effect only once the payment it describes actually arrives; if the check bounces or never comes, your lien rights survive. An unconditional waiver gives up lien rights as soon as it is signed, whether or not you are ever paid, so sign one only after the money is in hand.
What is the difference between a progress and a final lien waiver in Florida?
A progress waiver covers a single progress payment and waives lien rights only for work through a stated date, leaving rights for later work intact. A final waiver goes with the last payment and waives all remaining lien rights on the project. In Florida, progress payments use the Conditional Waiver and Release of Lien Upon Progress Payment or the Waiver and Release of Lien Upon Progress Payment and final payments use the Conditional Waiver and Release of Lien Upon Final Payment or the Waiver and Release of Lien Upon Final Payment.
Is a lien waiver signed in advance enforceable in Florida?
Fla. Stat. § 713.20(2): a right to claim a lien may not be waived in advance. A lien right may be waived only to the extent of labor, services, or materials furnished, and any advance waiver is unenforceable.

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Bordering states

Every state's waiver rules are different. Check before you sign.