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Florida Lien Waiver Forms — Generate in 60 Seconds

Generate Florida-compliant lien waivers following the safe harbor forms in Statute 713.20. Florida has only two waiver types — progress payment and final payment — unlike most other states. Optional conditional clause available per Section 713.20(7). Note: Florida uses "Construction Lien" (not "Mechanics Lien") throughout Chapter 713.

Generate Florida Waiver

Which Type Do You Need?

Florida is different from most states — it has only 2 waiver types, not 4. The statute provides a progress payment form and a final payment form. There is no separate conditional/unconditional distinction in the statutory forms, but Section 713.20(7) lets you add a conditional clause for extra protection. Florida uses "construction lien" (not "mechanics lien") and "lienor" (not "claimant").

Decision Tree

1
Mid-project draw?
Use the Progress Payment Waiverlearn more
2
Final payment or project closeout?
Use the Final Payment Waiverlearn more
3
Want your waiver to be void if the check bounces?
Add the optional conditional clause per Section 713.20(7)

Florida Lien Waiver Rules at a Glance

2 waiver types, not 4

Florida has progress and final payment forms only. No separate conditional/unconditional forms in the statute.

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 option available

Section 713.20(7) allows conditioning the waiver on the check clearing. We offer this as an optional add-on clause.

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)

What It Is

Waives lien rights for labor, services, or materials furnished through a specified date. Explicitly excludes retainage and work after the date specified.

When to Use

When exchanging a waiver for a progress payment covering work through a specific date.

Key Legal Points

  • The statutory form is unconditional by default (takes effect upon signing).
  • Lienors CAN add conditional language per Section 713.20(7) — e.g., "This waiver is conditioned upon actual receipt of payment in the amount stated above."
  • Requires: dollar amount, through-date, customer name, owner name, property description.
  • Form title: "WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT."
  • The "property description" field is required (not just a street address).

Tips

  • Unlike CA/TX, Florida has ONE progress form that's unconditional by default. Consider adding the Section 713.20(7) conditional clause 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)).
Generate a Florida Progress Payment Waiver

Florida Conditional Final Waiver

Statutory reference: Section 713.20(5)

What It Is

Waives lien rights for ALL labor, services, or materials furnished. No date limitation, no retainage exclusion.

When to Use

When exchanging a waiver for the final payment on the project, after all work is complete.

Key Legal Points

  • References "final payment in the amount of $___."
  • No "through date" field.
  • No retention carve-out (this covers everything).
  • Form title: "WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT."
  • Unconditional by default but can be conditioned per 713.20(7).
  • Requires: dollar amount, customer name, owner name, property description.

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

  • Verify that retainage is included in the final payment amount before signing.
  • Florida has no private-project retainage cap — negotiate retainage terms in your contract.
  • Add the conditional clause if payment hasn't cleared yet.
Generate a Florida Final Payment Waiver

Common Florida Lien Waiver Mistakes

  1. 1

    Assuming Florida works like California or Texas

    Florida has 2 waiver types, not 4. There's no statutory "conditional" form — you add conditional language yourself under Section 713.20(7).

  2. 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. 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. 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).

How to Use the Florida Lien Waiver Generator

  1. 1

    Select progress or final payment form. Use the decision guide if unsure.

  2. 2

    Optionally enable the conditional clause (recommended if payment hasn't cleared).

  3. 3

    Fill in: dollar amount, dates, customer name, owner name, property description.

  4. 4

    Preview (free, watermarked). Download ($5 or subscription).

  5. 5

    Sign and deliver. The statutory safe harbor language is included.

Generate Your Florida Lien Waiver

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Florida Lien Waiver FAQ

Does Florida require a specific statutory lien waiver form?
Florida provides safe harbor forms in Section 713.20, but they're not strictly mandatory. However, no one can require you to use a different form (Section 713.20(6)). Non-conforming waivers are still enforceable on their own terms.
How many types of lien waivers does Florida have?
Two: progress payment and final payment. Unlike California, Texas, and most other states, Florida does NOT have separate conditional and unconditional forms in the statute.
Can I make a Florida lien waiver conditional on payment clearing?
Yes. Section 713.20(7) allows lienors to condition the waiver on payment of the check. We offer this as an optional add-on clause.
Do Florida lien waivers need to be notarized?
No. Waivers under Section 713.20 don't require notarization. But lien satisfactions/releases filed with the clerk under Section 713.21 DO require notarization (added by HB 331 in 2023).
Can I waive lien rights before receiving payment in Florida?
No. Section 713.20(2) states: "A right to claim a lien may not be waived in advance." Any advance waiver is unenforceable.
What is the deadline to file a construction lien in Florida?
90 days after the last date of furnishing labor, services, or materials. Note: Florida calls them "construction liens," not "mechanics liens."
Does Florida use "mechanics lien" or "construction lien"?
Florida uses "Construction Lien" throughout Chapter 713. The entire statutory framework uses this term.
Does the progress waiver cover retainage?
No. The form explicitly states it "does not cover any retention or labor, services, or materials furnished after the date specified."
Does the final waiver cover retainage?
Yes. Unlike the progress form, the final payment form has no retention carve-out. Make sure retainage is included in the final payment amount before signing.
Can my contractor require a different form than the statutory one?
No. Section 713.20(6) prohibits requiring a form different from the statutory forms. This is one of Florida's strongest lienor protections.

Lien Waiver Forms for Other States

California*Texas*New YorkIllinois

* = mandatory statutory form language required

Legal Disclaimer

LienWaiver.pro is not a law firm and does not provide legal advice. Our templates are designed to comply with applicable state statutes, but laws change and every situation is different. Consult a licensed construction attorney for legal advice specific to your project. By using this service, you agree to our Terms of Service.