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Florida lien waiver requirements
Florida prescribes specific waiver forms by statute. Generic templates fail.
Florida Statutes §713.20
The short version
Florida Statutes §713.20 prescribes the lien waiver form a claimant may sign in exchange for a progress or final payment. Like California and Texas, Florida is on the short list of states where a generic lien waiver template will not protect you. Use the §713.20 form for the matching phase, and don't drop any of the prescribed language.
At a glance
- Statutory progress payment waiver
- Statutory final payment waiver
- Conditional and unconditional variants
- Specific carve-outs for retainage and disputed amounts
The §713.20 form
Florida prescribes the form text for both progress and final payment waivers. The conditional variants release lien rights when the payment clears. The unconditional variants release them the moment the claimant signs. Like California and Texas, the unconditional form carries a notice that ties enforceability to actual payment.
The statute specifies carve-outs for contract retainage and disputed amounts. Don't draft your own carve-out language; use the prescribed wording.
When to send which form
Send the conditional progress waiver with each pay app. After the funds clear, send the matching unconditional progress waiver to close out that pay period.
On the final payment, send the conditional final waiver with the last pay app. After the final check clears, send the unconditional final waiver as the closeout document.
Common Florida mistakes
Using a generic template. §713.20 prescribes the form, and a non-conforming waiver is not enforceable.
Drafting your own retainage carve-out. The statute writes the carve-out language for you.
Sending unconditional before the payment clears. The notice on the unconditional form is the sub's protection, and yours when the check bounces.
Questions
Are non-statutory Florida lien waivers enforceable?
No. §713.20 prescribes the form. A waiver that doesn't substantially follow that language is not enforceable in Florida.
Does Florida require notarization?
No. §713.20 does not require a notary. The claimant's signature, the project information, and the amount are sufficient.
What about retainage on Florida projects?
The statutory form carves out contract retainage. Use the prescribed carve-out language; don't draft your own.
Send a Florida waiver in two minutes.
The right form, the right notice, signed on a phone. Released when the check clears.
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