A lien waiver is the document that releases mechanics lien rights when a construction payment changes hands. Most states that put waiver forms in their statutes make those forms mandatory; Florida takes a different approach. Section 713.20 provides two statutory waiver forms — one for progress payments, one for final payment — but it does not void waivers that depart from them. Subsection (8) preserves the enforceability of non-conforming waivers according to their own terms. What Florida does instead is protect the claimant's right to use the statutory form.
Section 713.20(6): a person may not require a lienor to furnish a lien waiver or release that is different from the statutory forms. The forms are optional for you, but a payer cannot force a different one on you. If a GC sends an aggressive custom waiver, you are entitled to return the statutory version instead.
The two statutory forms
| Form | Statute | When it applies |
|---|---|---|
| Waiver and release of lien upon progress payment | § 713.20(4) | During the job, covering work through a stated date for a stated amount. |
| Waiver and release of lien upon final payment | § 713.20(5) | At the end of the job, covering all remaining lien rights. |
Notice what is absent: Florida does not publish separate conditional and unconditional variants the way California, Texas, and Arizona do. There are two forms, not four. That raises the obvious question of what protects a lienor who signs before the check clears — and the statute answers it directly.
Download Florida lien waivers
Florida does not publish standalone form downloads — both forms appear in full inside the statute itself, as published by the Florida Legislature: the progress-payment form in subsection (4) and the final-payment form in subsection (5). The buttons below open that statute page; copy the form you need from the statutory text. PayApplicationGenerator.com is not associated with the Florida Legislature and takes no responsibility for the forms or their contents — verify each form against the current statute before relying on it.
Working in another state? Every state's lien waiver forms, in one place.
Conditioning the waiver on the check
Section 713.20(7) provides that a lienor who executes a lien waiver and release in exchange for a check may condition the waiver and release on payment of the check. This is Florida's substitute for a separate conditional form: rather than selecting a different document, you add the condition to the one you are signing. The statute also addresses the owner's side, allowing amounts corresponding to unpaid checks to be withheld where no payment bond exists.
Practical notes
- If you are handed a custom waiver you dislike, cite § 713.20(6) and offer the statutory form. You cannot be compelled to sign a different one.
- If you are signing in exchange for a check that has not cleared, condition the waiver on payment of that check under § 713.20(7). Do not rely on the form alone to protect you.
- Because non-conforming waivers remain enforceable under their own terms, read anything custom carefully — in Florida a bad waiver is not automatically void the way it would be in California.
- Match the amount and the through-date to the payment the waiver covers, so it does not reach work billed in the next application.
This page summarizes § 713.20 as published by the Florida Legislature and is educational, not legal advice. For a specific project, read the current statute or consult a Florida construction attorney.
Frequently asked questions
- Are Florida lien waiver forms mandatory?
- No. Unlike California or Texas, Florida does not void waivers that depart from the statutory forms — section 713.20(8) preserves their enforceability according to their own terms. But section 713.20(6) prohibits anyone from requiring a lienor to furnish a different form.
- Does Florida have conditional lien waivers?
- Not as separate forms. Florida publishes two forms — progress and final. Instead of a separate conditional document, section 713.20(7) lets a lienor who signs in exchange for a check condition the waiver and release on payment of that check.
- Can a general contractor make me sign their own waiver form in Florida?
- No. Section 713.20(6) provides that a person may not require a lienor to furnish a lien waiver or release that differs from the statutory forms.
