Florida Statute 713.20 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

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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 Casetext

Amendments to 713.20

Arrestable Offenses / Crimes under Fla. Stat. 713.20

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.20.

Annotations, Discussions, Cases:

Cases Citing Statute 713.20

Total Results: 11

Gessa v. Manor Care of Florida, Inc.

Court: Supreme Court of Florida | Date Filed: 2011-11-23

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

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2011-10-05

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

Snippet: A was identical to the form provided in section 713.20(5), Florida Statutes (2005), for execution by lienors

LaSalle Bank National Ass'n v. Blackton, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2011-04-21

Citation: 59 So. 3d 329, 2011 Fla. App. LEXIS 5670, 2011 WL 1496001

Snippet: of lien upon final payment in accordance with s. 713.20. (Emphasis added). Independence’s notice of termination

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

Court: District Court of Appeal of Florida | Date Filed: 2009-02-13

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2003-05-14

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

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

Keller v. Newman Sons, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2000-02-16

Citation: 756 So. 2d 120, 2000 Fla. App. LEXIS 1378, 2000 WL 159071

Snippet: shall execute partial releases, as provided in s. 713.20(2), to the extent of the payment received. Id.

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

Court: Supreme Court of Florida | Date Filed: 1989-03-16

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

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

Bracco v. Cardozo

Court: District Court of Appeal of Florida | Date Filed: 1983-07-22

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

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

Wool Wholesale Plumbing Supply, Inc. v. Abdo

Court: District Court of Appeal of Florida | Date Filed: 1978-12-13

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 1974-12-06

Citation: 303 So. 2d 685

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

Mills v. Robert W. Gottfried, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1973-02-12

Citation: 272 So. 2d 837

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