Florida lien waiver requirements
Florida prescribes statutory lien waiver forms in Florida Statutes §713.20, and any waiver you use should be substantially similar to them. One Florida quirk catches people out: the statutory forms are unconditional by default.
This guide explains the Florida forms, the unconditional-by-default trap, and how to make a waiver conditional. It is general information, not legal advice — confirm specifics with a Florida construction attorney.
Florida at a glance
- Statutory form
- Provided in §713.20 — use a substantially similar form
- Governing lien law
- Florida Statutes §713.20
- Default form type
- Unconditional — takes effect on signing
- Making it conditional
- Add §713.20(7) language so it’s effective only on payment
- Electronic signatures
- Recognized under Florida’s UETA (Fla. Stat. ch. 668)
How ClearLien handles Florida waivers
ClearLien automates the waiver loop for general contractors on QuickBooks Online: pay a subcontractor’s bill and the waiver is drafted from the payment, sent for no-account signing on any phone, and stored with a full audit trail — with retainage carved out. Minnesota’s form is live today and Florida’s statutory forms are on the roadmap — start free and you’ll be ready the moment Florida support goes live.
Florida lien waiver FAQs
- Does Florida require a specific lien waiver form?
- Florida provides statutory waiver forms in §713.20, and any waiver used should be substantially similar to them. Parties may modify the forms, but straying too far risks making the waiver unenforceable.
- Are Florida lien waivers conditional or unconditional by default?
- By default, the statutory forms are unconditional — they take effect the instant they’re signed, even if payment hasn’t cleared. Under §713.20(7) you can make a waiver conditional by adding language that it’s effective only when the claimant actually receives payment.
- Why is the Florida default risky for subcontractors?
- Because an unconditional waiver releases lien rights on signing regardless of payment, a sub who signs the default form before being paid can lose rights to money they never received. Keep waivers conditional until payment clears.
- Does ClearLien support Florida?
- ClearLien automates the lien-waiver loop for general contractors on QuickBooks Online — pay a bill and the waiver is drafted, sent for no-account signing, and stored with an audit trail. Minnesota’s form is live today and Florida is on the roadmap; start free and you’ll be ready the moment Florida support goes live.
Stop tracking Florida waivers by hand.
Pay the bill in QuickBooks — the waiver handles itself. $99/month, 30-day free trial.