 |
Florida Statutes (Last Updated: April 21, 2021) |
 |
TITLE XL. REAL AND PERSONAL PROPERTY |
|
CHAPTER 713. LIENS, GENERALLY |
|
PART I. CONSTRUCTION LIENS |
- 1(1) 2The 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. 56713.06(2), 57or the claim of lien under s. 64713.0865.66(2) 67A 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.111(3) 112Any 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.175(4) 176When 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:
211WAIVER AND RELEASE OF LIEN
216UPON PROGRESS PAYMENT219The undersigned lienor, in consideration of the sum of $ , 229hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through 248(insert date) 250to 251(insert the name of your customer) 257on the job of 261(insert the name of the owner) 267to the following property:
271(description of property)
274This waiver and release does not cover any retention or labor, services, or materials furnished after the date specified.
293DATED on , 295(year) 296. 297(Lienor)
298By:
299(5) 300When 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:335WAIVER AND RELEASE OF LIEN
340UPON FINAL PAYMENT343The undersigned lienor, in consideration of the final payment in the amount of $ , 357hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished to 376(insert the name of your customer) 382on the job of 386(insert the name of the owner) 392to the following described property:
397(description of property)
400DATED on , 402(year) 403. 404(Lienor)
405By:
406(6) 407A 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).435(7) 436A 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.495(8) 496A 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.
