Florida lien waiver requirements
Florida prescribes specific waiver forms by statute. Generic templates fail.
Florida Statutes §713.20
Yes. Florida requires you to use the statutory lien waiver form set out in §713.20. Substitute your own wording, or use a generic template instead, and the waiver can be challenged or thrown out when you need it to hold up.
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
No. §713.20 prescribes the form. A waiver that doesn't substantially follow that language is not enforceable in Florida.
Free tool
Check lien filing deadlines by state
Pick a state, enter the last day of furnishing, and get the filing deadline with days remaining. Free, no signup.
Open the lien deadline calculatorRelated
Browse all 50 state guides
Every state's statutory forms and filing rules in one place.
Delaware lien waiver requirements
Delaware voids any contract waiver of lien rights signed before payment.
Georgia lien waiver requirements
Georgia prescribes two statutory lien waiver forms. Generic templates are void on their face.
Calculate retainage on your next payment
Retainage rules change by state; the math to withhold and release it doesn't.
Run a free lien waiver compliance audit
Check your current waiver process for gaps before a sub finds one first.
What is a lien waiver, exactly?
The four waiver types and what each one actually releases.
Send a lien waiver in two minutes
The workflow that replaces email chasing and PDF edits.
Send a Florida waiver in two minutes.
The right form, the right notice, signed on a phone. Released when the check clears.
Get started