Florida lien waivers
Florida lien waiver forms and rules
Florida lien waivers are governed by Fla. Stat. §713.20, which sets out 2 statutory waiver forms. Using the statutory form is not strictly required, but Florida law limits what a payer can ask for.
Last updated · By the Aequo AP construction team
| Florida | |
|---|---|
| Statute | Fla. Stat. §713.20 |
| Statutory form | Optional / safe harbor. Optional for the lienor, but binding on the payer. The waiver "may be" in the statutory form, a non-conforming waiver is enforceable by its terms, and no one may require a lienor to use a different form. |
| Conditional and unconditional versions | No separate conditional/unconditional forms |
| Notarization | Not addressed for waivers; the forms end with a lienor signature line. (A release of a recorded lien under §713.21 must be notarized.) |
| Scope | Liens under Part I of Chapter 713 (construction liens). |
| Checked against the statute | 2026-10-21 |
What are the Florida statutory lien waiver forms?
Fla. Stat. §713.20 provides: Waiver and Release of Lien upon Progress Payment (§713.20(4)); Waiver and Release of Lien upon Final Payment (§713.20(5)).
Copy the wording from the statute itself (linked in Sources). Do not retype the form from a third-party summary: in a mandatory-form state a missing notice or changed sentence can matter.
Is the statutory form required in Florida?
Optional for the lienor, but binding on the payer. The waiver "may be" in the statutory form, a non-conforming waiver is enforceable by its terms, and no one may require a lienor to use a different form.
“A person may not require a lienor to furnish a lien waiver or release of lien that is different from the forms in subsection (4) or subsection (5).”
Key Florida lien waiver rules
A lien right may not be waived in advance; it may be waived only to the extent of labor, services or materials already furnished (§713.20(2)).
- A lienor who signs a waiver in exchange for a check may condition the waiver on payment of the check (§713.20(7)).
- A waiver that is not substantially similar to the statutory forms is enforceable in accordance with its terms (§713.20(8)).
- Notarization: Not addressed for waivers; the forms end with a lienor signature line. (A release of a recorded lien under §713.21 must be notarized.)
How should a general contractor handle Florida waivers in AP?
Attach the right Florida form to each subcontractor payment, collect it before the payment is released, and file it against that payment so it can be produced on request.
The form depends on where the project is, not where the subcontractor is based. The collection workflow guide shows how to tie waivers to payments, and the lien-waiver risk assessment scores your current controls. Other state guides: Arizona, California, Georgia, Texas, or the full state-by-state table.
Frequently asked questions
Does Florida have a statutory lien waiver form?
Yes. Fla. Stat. §713.20 sets out: Waiver and Release of Lien upon Progress Payment (§713.20(4)); Waiver and Release of Lien upon Final Payment (§713.20(5)). Optional for the lienor, but binding on the payer. The waiver "may be" in the statutory form, a non-conforming waiver is enforceable by its terms, and no one may require a lienor to use a different form.
Do Florida lien waivers need to be notarized?
Not addressed for waivers; the forms end with a lienor signature line. (A release of a recorded lien under §713.21 must be notarized.)
Can I use a generic lien waiver in Florida?
A lienor may sign a different form, and it is enforceable by its terms, but a payer may not require a lienor to furnish a waiver that differs from the statutory forms (Fla. Stat. §713.20(6)). Using the statutory form avoids the issue.
Can a Florida lien waiver be signed in advance?
No. A right to claim a lien may not be waived in advance, and may be waived only to the extent of labor, services or materials already furnished (Fla. Stat. §713.20(2)).
Aequo Build
Stop paying subs before the waiver is in.
With waiver enforcement on, Aequo Build creates a conditional waiver requirement for each subcontractor payment you make from Aequo, holds that payment until a reviewer verifies the waiver or an approver records a reasoned override, escalates overdue requests to the subcontractor and your team, and requests the unconditional waiver once the invoice is paid. It works with QuickBooks Online.
Related lien waiver guides and tools
Sources
Primary sources checked on October 21, 2026. Statutes change; always confirm against the current text.