Florida Statutes

Fla. Stat. § 713.20 (2025)

Waiver or release of liens.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 10 cases, 1973–2011 · leading case: Gessa v. Manor Care of Florida, Inc., 86 So. 3d 484 (Fla. 2011).

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Gessa v. Manor Care of Florida, Inc., 86 So. 3d 484 (Fla. 2011). · cites it 2× “§ 713.20(2), Fla. Stat. (2004) (“A right to claim a lien may not be waived in advance.”

Am. Cas. Co. v. Coastal Caisson Drill Co., 542 So. 2d 957 (Fla. 1989). · cites it 3× “American argues that this Court should consider the mechanics' lien statute, section 713.20(2), Florida Statutes (1987), in construing the waiver of rights under section 255.”

Stock Bldg. Supply of Florida, Inc. v. Soares Da Costa Constr. Servs., LLC, 76 So. 3d 313 (Fla. 3d DCA 2011). · cites it 4× “The Waiver and Release of Lien executed by K & A was identical to the form provided in section 713.20(5), Florida Statutes (2005), for execution by lienors upon final payment of a lien.”

Mills v. Robert W. Gottfried, Inc., 272 So. 2d 837 (Fla. 4th DCA 1973). “See Section 713.20, F.S. 1971, F.S.A., and cf.”

Grant v. Lathan Constr. Corp. (In Re Constr. Contractors of Ocala, Inc.), 196 B.R. 188 (Bankr. M.D. Fla. 1996). “Fla.Stat. 713.20 (1995). Plaintiff also claims it was damaged by Lathan’s alleged breach.”

Anzac Contractors, Inc. v. Team Land Dev., Inc., 847 So. 2d 1037 (Fla. 3d DCA 2003). · cites it 2× “Conditioned on compliance with the stipulation in open court that the sums in question will be disbursed by the appellees to the appellant Anzac Contractors upon the tender of a section 713.20(5), Florida Statutes (2000), release, thus satisfying the condition precedent to…”

Orlando Ctr Park, Inc. v. Master Door Co., Inc., 303 So. 2d 685 (Fla. 4th DCA 1974). “Section 713.20(2), F.S. 1971, provides that "Any person other than a laborer may waive his lien under this chapter at any time, either before or after furnishing services or materials.”

Bracco v. Cardozo, 434 So. 2d 1024 (Fla. 2d DCA 1983). “The affidavit there was a release of lien, see section 713.20, not a contractor’s affidavit, as here.”

Wool Wholesale Plumbing Supply, Inc. v. Abdo, 365 So. 2d 216 (Fla. 4th DCA 1978). “The “problem” presented by this case arises because the plaintiff, putting all its cards on the table, also attached to its pleading a copy of a partial release of lien, filed pursuant to § 713.20(2), (3), Fla.Stat. (1975), which purported to release the property from any lien…”

Spectrum Interiors, Inc. v. Exterior Walls, Inc., 2 So. 3d 1093 (Fla. 5th DCA 2009). · cites it 2× “The document at issue appears to be, but, upon close inspection is not a “partial waiver and release of lien” like the one set forth in section 713.20, Florida Statutes. Rather, it is denominated a “partial waiver and release of claim.”

— 713.20(2) — 4 cases

Gessa v. Manor Care of Florida, Inc., 86 So. 3d 484 (Fla. 2011). “§ 713.20(2), Fla. Stat. (2004) (“A right to claim a lien may not be waived in advance.”

Am. Cas. Co. v. Coastal Caisson Drill Co., 542 So. 2d 957 (Fla. 1989). “American argues that this Court should consider the mechanics' lien statute, section 713.20(2), Florida Statutes (1987), in construing the waiver of rights under section 255.”

— 713.20(5) — 2 cases

Stock Bldg. Supply of Florida, Inc. v. Soares Da Costa Constr. Servs., LLC, 76 So. 3d 313 (Fla. 3d DCA 2011). “The Waiver and Release of Lien executed by K & A was identical to the form provided in section 713.20(5), Florida Statutes (2005), for execution by lienors upon final payment of a lien.”

Anzac Contractors, Inc. v. Team Land Dev., Inc., 847 So. 2d 1037 (Fla. 3d DCA 2003). “Conditioned on compliance with the stipulation in open court that the sums in question will be disbursed by the appellees to the appellant Anzac Contractors upon the tender of a section 713.20(5), Florida Statutes (2000), release, thus satisfying the condition precedent to…”

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