Florida Lien Waiver Forms — Generate in 60 Seconds
Generate Florida-compliant lien waivers following the safe harbor forms in Statute 713.20. All four standard waiver types are available — conditional and unconditional versions of both progress and final payment forms. The conditional versions include language per Section 713.20(7) that voids the waiver if payment doesn't clear. Note: Florida uses "Construction Lien" (not "Mechanics Lien") throughout Chapter 713.
Which Type Do You Need?
Florida's statute provides a progress payment form (Section 713.20(4)) and a final payment form (Section 713.20(5)). Section 713.20(7) allows adding conditional language that makes the waiver void if the check bounces. We offer all four standard types: conditional and unconditional for both progress and final. Florida uses "construction lien" (not "mechanics lien") and "lienor" (not "claimant").
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Sign Up FreeFlorida Lien Waiver Rules at a Glance
4 waiver types available
Conditional and unconditional versions of both progress and final payment forms. Conditional versions include Section 713.20(7) language voiding the waiver if payment doesn't clear.
Safe harbor forms
Section 713.20 uses "may be in substantially the following form." Not strictly mandatory, but no one can require a different form (Section 713.20(6)).
Conditional clause per 713.20(7)
Conditional waiver types include statutory language that voids the waiver if the check bounces or payment doesn't clear.
Advance waivers unenforceable
Section 713.20(2): "A right to claim a lien may not be waived in advance."
Notarization NOT required
For waivers under 713.20. Lien satisfactions/releases under 713.21 DO require notarization.
45-day Notice to Owner
Subs/suppliers must serve notice within 45 days of first furnishing (not 20 days like California).
Florida Lien Waiver Legal Requirements
Florida uses the term "Construction Lien" (not "Mechanics Lien") throughout Chapter 713. The waiver forms in Section 713.20 are safe harbor forms — they're strongly recommended but not technically mandatory. However, Section 713.20(6) says no one can REQUIRE a lienor to use a different form. And Section 713.20(8) says non-conforming waivers are still enforceable "in accordance with the terms of the lien waiver." The practical effect: use the statutory forms and you're protected. Florida calls waiving parties "lienors" and titles the forms "WAIVER AND RELEASE OF LIEN" (note both "waiver" AND "release"). SB 658 (2025) attempted to make these forms strictly mandatory but died in the Florida House.
Recent Law Changes
- HB 331 (2023): added notarization requirement for lien satisfactions/releases under Section 713.21.
- SB 658 (2025): attempted to make waiver forms strictly mandatory but died in the Florida House.
Florida Conditional Progress Waiver
Statutory reference: Section 713.20(4) + 713.20(7)
What It Is
Waives lien rights for labor, services, or materials furnished through a specified date. Includes the Section 713.20(7) conditional clause — the waiver is void if payment doesn't clear.
When to Use
When exchanging a waiver for a progress payment and the check hasn't cleared yet.
Key Legal Points
- Based on the statutory progress payment form under Section 713.20(4).
- Includes conditional language per Section 713.20(7): waiver is void if payment is not received or check bounces.
- Explicitly excludes retainage and work after the through-date.
- Requires: dollar amount, through-date, customer name, owner name, property description.
- Form title: "WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT."
Tips
- Use this version when you haven't confirmed payment has cleared — it protects you if the check bounces.
- The retention carve-out is explicit in the form.
- No one can require you to use a different form (Section 713.20(6)).
Florida Unconditional Progress Waiver
Statutory reference: Section 713.20(4)
What It Is
Waives lien rights for labor, services, or materials furnished through a specified date. Takes effect immediately upon signing — no conditions on payment clearing.
When to Use
When exchanging a waiver for a progress payment that you've already received and confirmed.
Key Legal Points
- The base statutory progress payment form under Section 713.20(4).
- Takes effect immediately upon signing — no conditional clause.
- Explicitly excludes retainage and work after the through-date.
- Requires: dollar amount, through-date, customer name, owner name, property description.
- Form title: "WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT."
Tips
- Only use this when payment has already cleared. Otherwise, choose the conditional version for protection.
- The retention carve-out is explicit in the form.
- No one can require you to use a different form (Section 713.20(6)).
Florida Conditional Final Waiver
Statutory reference: Section 713.20(5) + 713.20(7)
What It Is
Waives lien rights for ALL labor, services, or materials furnished. Includes the Section 713.20(7) conditional clause — the waiver is void if payment doesn't clear.
When to Use
When exchanging a waiver for the final payment on the project and the check hasn't cleared yet.
Key Legal Points
- Based on the statutory final payment form under Section 713.20(5).
- Includes conditional language per Section 713.20(7): waiver is void if payment is not received or check bounces.
- No retention carve-out — this covers everything.
- Requires: dollar amount, customer name, owner name, property description.
- Form title: "WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT."
Warning
This form covers everything — no retainage exclusion. Make sure the final payment amount includes all retainage owed before signing. Florida has no statutory retainage cap for private projects (unlike CA and NY).
Tips
- Use this version when you haven't confirmed final payment has cleared.
- Verify that retainage is included in the final payment amount.
- Florida has no private-project retainage cap — negotiate retainage terms in your contract.
Florida Unconditional Final Waiver
Statutory reference: Section 713.20(5)
What It Is
Waives lien rights for ALL labor, services, or materials furnished. Takes effect immediately upon signing — no conditions on payment clearing.
When to Use
When exchanging a waiver for the final payment on the project after payment has been received and confirmed.
Key Legal Points
- The base statutory final payment form under Section 713.20(5).
- Takes effect immediately upon signing — no conditional clause.
- No retention carve-out — this covers everything.
- Requires: dollar amount, customer name, owner name, property description.
- Form title: "WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT."
Warning
This form covers everything and takes effect immediately. Only sign after you've confirmed the final payment has cleared and includes all retainage owed.
Tips
- Only use this when final payment has already cleared. Otherwise, choose the conditional version.
- Verify that retainage is included in the final payment amount.
- Florida has no private-project retainage cap — negotiate retainage terms in your contract.
Common Florida Lien Waiver Mistakes
- 1
Signing unconditional before payment clears
If the check hasn't cleared, always use the conditional version. The Section 713.20(7) conditional clause voids the waiver if payment doesn't go through — without it, you've waived your lien rights for nothing.
- 2
Signing a final waiver without confirming retainage is included
Florida has no statutory retainage cap for private projects. If retainage is still outstanding, the final waiver covers it anyway. Get your retainage first.
- 3
Missing the 45-day Notice to Owner deadline
Subs, sub-subs, and materialmen must serve notice within 45 days of first furnishing. Failure is a "complete defense to enforcement of a lien."
- 4
Confusing a waiver (713.20) with a lien satisfaction (713.21)
Waivers prevent future liens — no notarization required. Satisfactions discharge recorded liens — notarization IS required (added 2023 by HB 331).
Florida Lien Waiver FAQ
Does Florida require a specific statutory lien waiver form?
How many types of lien waivers does Florida have?
What's the difference between conditional and unconditional Florida waivers?
Do Florida lien waivers need to be notarized?
Can I waive lien rights before receiving payment in Florida?
What is the deadline to file a construction lien in Florida?
Does Florida use "mechanics lien" or "construction lien"?
Does the progress waiver cover retainage?
Does the final waiver cover retainage?
Can my contractor require a different form than the statutory one?
Lien Waiver Guides & Resources
Lien Waivers Meet QuickBooks Online: Automatic Sync for GCs
LienWaiver.pro now syncs lien waivers directly with QuickBooks Online. Generate waivers from QBO bills, track them, and attach signed PDFs back to the bill.
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Conditional vs Unconditional Lien Waiver: Which One Should You Sign?
Sign conditional waivers before payment clears, unconditional after. Here's the difference and why it matters.
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How to Fill Out a Lien Waiver Form: A Step-by-Step Guide
A lien waiver has 8-12 fields. Here's what goes in each one, common mistakes that invalidate waivers, and how to avoid signing away more than you should.
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Do Lien Waivers Need to Be Notarized? A State-by-State Guide
Only 2 states require notarized lien waivers by law. In California, notarization may actually invalidate your waiver. Here's what you need to know.
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Lien Waiver Forms for Other States
* = mandatory statutory form language required