Florida Lien-Waiver Rules
Statutory forms required. Florida Statute § 713.20 sets the form. An unconditional waiver signed before actual payment may be enforceable in Florida courts — don't sign one until the check clears.
Florida statutory waiver types
Statute: Fla. Stat. § 713.20
- Waiver of Right to Claim Against the Payment Bond (Progress Payment)
- Waiver of Right to Claim Against the Payment Bond (Final Payment)
- Waiver and Release of Lien Upon Progress Payment
- Waiver and Release of Lien Upon Final Payment
Florida distinguishes between a 'waiver' (which is unconditional) and a 'release' (which reflects payment). Be precise about which one you sign.
Conditional vs unconditional waivers — the universal rule
When should you sign a waiver in Florida?
Only sign a conditional waiver until you have confirmed payment has cleared your bank account. The conditional waiver protects you: it says your lien rights are waived only if the attached payment actually funds. If the check bounces, you keep your lien.
Once payment has confirmed cleared funds, you can sign the unconditional waiver for that payment period. For final payment on a completed project, you'll sign the unconditional final waiver — but only after the full retainer is released and all change orders are paid.
Documenting every progress payment and waiver exchange with a timestamped record is critical — that chain of evidence protects your lien rights. VoiceLogPro's daily logging keeps a date-stamped, time-verifiable record of work performed and payments received.
Track your work and your waivers
A timestamped daily log documents when you worked and what you were owed — the evidence that anchors every waiver, every payment, and every lien deadline in Florida.