Florida Statute 713.20 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

View Entire Chapter

F.S. 713.20

713.20 Waiver or release of liens.—

(1) The acceptance by the lienor of an unsecured note for all or any part of the amount of his or her demand shall not constitute a waiver of his or her lien therefor unless expressly so agreed in writing, nor shall it in any way affect the period for filing the notice under s. 713.06(2), or the claim of lien under s. 713.08.

(2) A right to claim a lien may not be waived in advance. A lien right may be waived only to the extent of labor, services, or materials furnished. Any waiver of a right to claim a lien that is made in advance is unenforceable.

(3) Any person may at any time waive, release, or satisfy any part of his or her lien under this part, either as to the amount due for labor, services, or materials furnished or for labor, services, or materials furnished through a certain date subject to exceptions specified at the time of release, or as to any part or parcel of the real property.

(4) When a lienor is required to execute a waiver or release of lien in exchange for, or to induce payment of, a progress payment, the waiver or release may be in substantially the following form:

WAIVER AND RELEASE OF LIEN
UPON PROGRESS PAYMENT

The undersigned lienor, in consideration of the sum of $ , hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through (insert date) to (insert the name of your customer) on the job of (insert the name of the owner) to the following property:

(description of property)

This waiver and release does not cover any retention or labor, services, or materials furnished after the date specified.

DATED on , (year) . (Lienor)

By:

(5) When a lienor is required to execute a waiver or release of lien in exchange for, or to induce payment of, the final payment, the waiver and release may be in substantially the following form:

WAIVER AND RELEASE OF LIEN
UPON FINAL PAYMENT

The undersigned lienor, in consideration of the final payment in the amount of $ , hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished to (insert the name of your customer) on the job of (insert the name of the owner) to the following described property:

(description of property)

DATED on , (year) . (Lienor)

By:

(6) 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).

(7) 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. However, in the absence of a payment bond protecting the owner, the owner may withhold from any payment to the contractor the amount of any such unpaid check until any such condition is satisfied.

(8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is enforceable in accordance with the terms of the lien waiver or lien release.

History.—s. 1, ch. 63-135; s. 35, ch. 67-254; s. 5, ch. 88-397; s. 8, ch. 96-383; s. 1769, ch. 97-102; s. 5, ch. 97-219; s. 30, ch. 99-6.

Note.—Former s. 84.202.

F.S. 713.20 on Google Scholar

F.S. 713.20 on CourtListener

Amendments to 713.20

Annotations, Discussions, Cases:

Cases Citing Statute 713.20

Total Results: 10

Mills v. Robert W. Gottfried, Inc.

272 So. 2d 837

District Court of Appeal of Florida | Filed: Feb 12, 1973 | Docket: 1644691

Cited 21 times | Published

implication should be clear and unambiguous. See Section 713.20, F.S. 1971, F.S.A., and cf. Fireman's Fund

American Cas. Co. v. Coastal Caisson Drill Co.

542 So. 2d 957, 14 Fla. L. Weekly 111, 1989 Fla. LEXIS 180, 1989 WL 23396

Supreme Court of Florida | Filed: Mar 16, 1989 | Docket: 468831

Cited 18 times | Published

should consider the mechanics' lien statute, section 713.20(2), Florida Statutes (1987), in construing

Gessa v. Manor Care of Florida, Inc.

86 So. 3d 484, 36 Fla. L. Weekly Supp. 676, 2011 Fla. LEXIS 2765, 2011 WL 5864823

Supreme Court of Florida | Filed: Nov 23, 2011 | Docket: 60307688

Cited 6 times | Published

unwaivable the right to claim a lien before it matures. § 713.20(2), Fla. Stat. (2004) (“A right to claim a lien

Stock Building Supply of Florida, Inc. v. Soares Da Costa Construction Services, LLC

76 So. 3d 313, 2011 Fla. App. LEXIS 15728, 2011 WL 4578320

District Court of Appeal of Florida | Filed: Oct 5, 2011 | Docket: 2359588

Cited 2 times | Published

K & A was identical to the form provided in section 713.20(5), Florida Statutes (2005), for execution

Grant v. Lathan Construction Corp. (In Re Construction Contractors of Ocala, Inc.)

196 B.R. 188

United States Bankruptcy Court, M.D. Florida | Filed: May 6, 1996 | Docket: 268477

Cited 2 times | Published

release of lien is an enforceable document. Fla.Stat. 713.20 (1995). Plaintiff also claims it was damaged

ORLANDO CTR PARK, INC. v. Master Door Co., Inc.

303 So. 2d 685

District Court of Appeal of Florida | Filed: Dec 6, 1974 | Docket: 1313723

Cited 1 times | Published

ambiguous, and it denied the motion to dismiss. Section 713.20(2), F.S. 1971, provides that "Any person other

Spectrum Interiors, Inc. v. Exterior Walls, Inc.

2 So. 3d 1093, 2009 Fla. App. LEXIS 3197, 2009 WL 347745

District Court of Appeal of Florida | Filed: Feb 13, 2009 | Docket: 60256699

Published

release of lien” like the one set forth in section 713.20, Florida Statutes. Rather, it is denominated

Anzac Contractors, Inc. v. Team Land Development, Inc.

847 So. 2d 1037, 2003 Fla. App. LEXIS 7081, 2003 WL 21076793

District Court of Appeal of Florida | Filed: May 14, 2003 | Docket: 64823422

Published

appellant Anzac Contractors upon the tender of a section 713.20(5), Florida Statutes (2000), release, thus

Bracco v. Cardozo

434 So. 2d 1024, 1983 Fla. App. LEXIS 19902

District Court of Appeal of Florida | Filed: Jul 22, 1983 | Docket: 64598353

Published

affidavit there was a release of lien, see section 713.20, not a contractor’s affidavit, as here. The

Wool Wholesale Plumbing Supply, Inc. v. Abdo

365 So. 2d 216, 1978 Fla. App. LEXIS 16871

District Court of Appeal of Florida | Filed: Dec 13, 1978 | Docket: 64567497

Published

of a partial release of lien, filed pursuant to § 713.20(2), (3), Fla.Stat. (1975), which purported to