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Lien waivers by state · Florida

Florida lien waiver requirements

Florida is a statutory-form state

Florida is a statutory-form lien waiver state. Fla. Stat. § 713.20 provides four prescribed waiver/release forms keyed to payment timing and finality: Waiver and Release of Lien Upon Progress Payment (subsection 4), Waiver and Release of Lien Upon Final Payment (subsection 5), plus the corresponding conditional versions. A person may not require a lienor to furnish a waiver that differs from these statutory forms (subsection 6), though a non-statutory waiver that is voluntarily given is still enforceable according to its terms. A right to claim a lien may not be waived in advance, and a lien may be waived only to the extent of labor, services, or materials actually furnished (subsection 1). On private commercial projects, both original/general contractors and subcontractors typically execute these waivers in exchange for progress or final payment.

Statute: Fla. Stat. § 713.20 (waiver and release of lien); see also § 713.06 (Notice to Owner) and § 713.08 (claim of lien)

Florida lien waiver forms

The four standard waiver-and-release types and Florida’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: Florida law does not require lien waivers to be notarized, and the statutory § 713.20 forms gain no practical benefit from it. Notarization could be required only if an underlying contract or an agreed alternate form specifies it.
Mandatory statutory language: Fla. Stat. § 713.20(4) and (5) prescribe the exact waiver/release language for progress and final payments. Following the July 1, 2025 amendment (SB 658), waivers must match the statutory forms (filling only the bracketed placeholders); a party may not require a lienor to use a non-statutory form. Note: a waiver that nonetheless deviates is still enforceable according to its own terms, but it cannot be demanded in place of the statutory form.
Electronic signatures accepted

Key Florida deadlines

Preliminary / pre-lien notice: Notice to Owner: within 45 days of first furnishing labor, services, or materials (not required for a prime/general contractor in direct contract with the owner).
Notice of intent to lien: Not required by statute. A Notice of Intent to Lien is not mandated under Florida's Construction Lien Law (Ch. 713) before recording a claim of lien; it is an optional, strategic demand step.
Mechanics lien filing deadline: Claim of lien must be recorded within 90 days of the last furnishing of labor, services, or materials (or termination of the direct/prime contract, whichever is earlier).

Florida lien waiver FAQ

Does Florida require a specific lien waiver form?

Yes. Florida prescribes statutory waiver and release forms in Fla. Stat. § 713.20(4) (progress payment) and (5) (final payment). As of July 1, 2025 (SB 658), these forms are mandatory and no party may require a lienor to use a different form.

Do lien waivers need to be notarized in Florida?

No. Florida law does not require lien waivers to be notarized, and the statutory forms get no benefit from it. Notarization would only be needed if an underlying contract or an agreed alternate form calls for it.

Can lien waivers be signed electronically in Florida?

Yes. Electronically signed lien waivers are valid in Florida under the Uniform Electronic Transactions Act (UETA) and the federal E-SIGN Act, which give electronic signatures the same legal effect as handwritten ones.

What is the deadline to file a mechanics lien in Florida?

Within 90 days of the last day you furnished labor, services, or materials to the project (or termination of the prime contract, whichever is earlier). Most parties other than a contractor in direct contract with the owner must also serve a Notice to Owner within 45 days of first furnishing.