Florida Lien Waiver Requirements: Statutory Forms and Limits

A Florida lien waiver is a signed document in which a contractor, subcontractor, or supplier acknowledges receiving a specific payment and gives up the right to record a construction lien against the property for that amount. Florida recognizes exactly two statutory waiver forms under Section 713.20 of the Florida Statutes: one for progress payments made during the job, and one for the final payment that closes it out. If you are being handed a waiver to sign, or asking someone else to sign one, the dollar figure, the through date, and any language tying the waiver to a check clearing all need to be correct before anyone signs.

The Two Statutory Waiver Forms

Florida does not use the four-form system (conditional and unconditional, progress and final) found in some other states. There are two forms, both set out in Section 713.20.¹

The Waiver and Release of Lien Upon Progress Payment is for a partial payment made during the project. It covers only the dollar amount stated and only work performed through a specific date. It expressly does not cover retainage or any labor, services, or materials furnished after that date.¹

The Waiver and Release of Lien Upon Final Payment is for the last payment on the contract. It waives all remaining lien rights for the work covered by that contract, including any retainage still being held.¹

Both forms waive rights “upon consideration” of a stated dollar amount, meaning the waiver takes effect when the signer receives value. The distinction between the two matters because the scope is different: a progress waiver is bounded by a dollar amount and a cutoff date, while a final waiver releases everything tied to the contract.

What the Form Must Contain

The statutory templates in Section 713.20 lay out the required fields. Each one is there for a reason, and a blank field or a wrong entry can cause real problems in a dispute.

Payment amount. The exact dollar figure being exchanged. On a progress waiver, this is the partial payment. On a final waiver, this is the remaining balance.
Through date (progress waivers only). The cutoff date for the work, services, or materials covered. If you enter a date later than the billing period actually covers, you may waive rights for work you have not yet been paid for. This is one of the most common mistakes signers make.
Customer name. The party who hired you directly. For a subcontractor, this is usually the general contractor.
Owner name. The property owner, who may be different from your direct customer.
Property description. A street address or formal legal description identifying where the work was performed.
Signature and date. The lienor, or an authorized representative, signs and dates the form.

Adding a check number or similar transaction reference is not required by the statute, but it helps when several payments are in play on the same project. The more precisely a waiver matches a specific payment, the fewer arguments arise later.¹

Conditioning the Waiver on the Check Clearing

Although Florida’s statutory forms do not come in separate conditional and unconditional versions, Section 713.20(7) lets a lienor condition a waiver on actual receipt of payment. If you sign a waiver in exchange for a check, you can state in the waiver that it takes effect only when the check clears. If the check bounces, the waiver never takes effect.¹

For subcontractors and suppliers, this one line of language is one of the simplest self-protections available. Without it, you can sign away your lien rights and then discover the check was no good.

There is a parallel protection for owners. When a lienor conditions a waiver on a check and no payment bond is in place, the owner may withhold from the contractor the amount of any unpaid check until that condition is satisfied. That keeps the owner from releasing money up the chain while a conditional waiver sits unresolved further down.¹

Retainage Stays Protected Under a Progress Waiver

The progress payment form contains a built-in protection that is easy to overlook. It states that “this waiver and release does not cover any retention or labor, services, or materials furnished after the date specified.”¹ Signing a progress waiver does not surrender lien rights on retainage that the owner or general contractor is still holding.

Retainage is the portion of each progress payment, commonly 5% to 10%, that the owner holds back until the project is complete. Because that money is not being released with the progress payment, it is not being waived. Those rights only go away when the final payment waiver covering the full remaining balance is signed.

If someone hands you a non-standard form that drops the retainage exclusion language, read carefully. You may be waiving rights to money that has not been released to anyone yet.

What a Lien Waiver Cannot Do

Florida draws bright lines around what a waiver can accomplish.

Lien rights cannot be waived in advance. Under Section 713.20(2), any attempt to waive the right to claim a lien before work is performed is void and unenforceable. A no-lien clause slipped into a contract as a condition of getting the job accomplishes nothing.¹

Lien rights can only be waived to the extent of work actually furnished. You cannot waive rights on materials not yet delivered or labor not yet performed, even if you sign a document claiming to do so.¹

No one can force you to sign a waiver that differs from the two statutory templates. Section 713.20(6) is explicit on that point. But if you voluntarily sign a non-standard waiver, Section 713.20(8) makes it enforceable according to its own terms. That is where signers get into trouble. You cannot be compelled to sign a broader release, but if you sign one anyway, a court will hold you to it.¹

When a non-standard form shows up with language reaching beyond lien rights, releasing claims for breach of contract, warranty obligations, or unpaid change orders, treat it as a red flag. The statutory forms waive lien rights only. Anything broader is a negotiation.

Final Payment: The Contractor’s Affidavit Comes First

The final payment waiver does not stand alone. Before the owner releases the last payment, Section 713.06(3)(d) requires the general contractor to deliver a Final Payment Affidavit. That sworn document either confirms that every lienor who served a Notice to Owner has been paid, or lists each unpaid lienor and the amount owed.²

The affidavit protects the owner. Without it, the owner has no reliable way to know whether the contractor actually paid the people on the project. The owner is required to retain final payment until the affidavit is delivered. An owner who releases the final check without the affidavit exposes the property to the full amount of any valid liens from parties who served a Notice to Owner.³

For the general contractor, the affidavit is not optional. A contractor who fails to deliver it has no lien rights and cannot sue the owner for final payment. Even where final payment has not come due because the contract was terminated for other reasons, the affidavit must be delivered at least five days before any enforcement action is filed.

Electronic Signatures Are Valid

Florida lien waivers can be signed electronically. The federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) provides that an electronic signature or record cannot be denied legal effect solely because it is in electronic form.⁴ A waiver executed through DocuSign, Adobe Sign, or a comparable platform binds the signer the same way a pen-signed version does, provided all parties have consented to transacting electronically.

Fraudulent Liens and Waivers

A lien in Florida is considered fraudulent under Section 713.31 if the lienor willfully exaggerated the amount claimed, included work not actually performed, or compiled the claim with gross negligence amounting to willful exaggeration.⁵ A fraudulent lien is unenforceable, the lienor forfeits all lien rights on the property, and the lienor is exposed to court costs, attorney fees, and punitive damages up to the difference between the amount claimed and the amount actually owed. A good faith dispute over what is owed is not fraud. Willfully filing a fraudulent lien is a third-degree felony.

The same statute protects lienors from fraud on the other side. If an owner or contractor uses false affidavits, worthless checks, or fabricated releases to deprive a lienor of payment, the circuit court can issue injunctions, order accountings, and grant other legal or equitable remedies.⁵

Waivers Only Matter If You Have Lien Rights to Begin With

A waiver releases lien rights. If you never had those rights, there is nothing to waive, and nothing stopping the owner or contractor from refusing payment. For most subcontractors and suppliers, Florida’s deadlines are strict and unforgiving.

45 days to serve a Notice to Owner. Every lienor except laborers must serve this notice within 45 days of first furnishing labor, services, or materials. Section 713.06 states that missing this deadline “is a complete defense to enforcement of a lien by any person.”²
90 days to record a Claim of Lien. The lien must be recorded with the county clerk within 90 days after the last day you furnished labor, services, or materials.⁶
1 year to file suit to enforce. After recording the lien, you have one year to file a lawsuit to enforce it, or the lien expires automatically.⁷
60 days after a Notice of Contest. An owner can shorten the enforcement window by recording a Notice of Contest of Lien. Once served, the lienor has only 60 days to file suit, or the lien is extinguished.⁷

The 60-day contest window is the one that catches lienors off guard. A lienor assumes a full year is available and then receives a notice from the owner’s attorney that compresses the timeline to two months. If the suit is not filed in time, the lien is gone.

1
The Florida Legislature. Florida Code 713.20 – Waiver or Release of Liens
2
The Florida Legislature. Florida Code 713.06 – Liens of Persons Not in Privity With Owner
3
Florida Senate. Florida Code 713.06 – Chapter 713 Section 06
4
Office of the Law Revision Counsel. United States Code Title 15 Section 7001 – General Rule of Validity
5
Florida Senate. Florida Code 713.31 – Remedies in Case of Fraud or Collusion
6
The Florida Legislature. Florida Code 713.08 – Claim of Lien
7
Florida Senate. Florida Code 713.22 – Duration of Lien