The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

I. 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.... . . .

STOCK BUILDING SUPPLY OF FLORIDA, INC. d b a K A v. SOARES DA COSTA CONSTRUCTION SERVICES, LLC,, 76 So. 3d 313 (Fla. Dist. Ct. App. 2011)

. . . The Waiver and Release of Lien executed by K & A was identical to the form provided in section 713.20 . . .

LASALLE BANK NATIONAL ASSOCIATION, v. BLACKTON, INC., 59 So. 3d 329 (Fla. Dist. Ct. App. 2011)

. . . on any lienor who has executed a waiver and release of lien upon final payment in accordance with s. 713.20 . . .

SPECTRUM INTERIORS, INC. v. EXTERIOR WALLS, INC., 2 So. 3d 1093 (Fla. Dist. Ct. App. 2009)

. . . upon close inspection is not a “partial waiver and release of lien” like the one set forth in section 713.20 . . .

ANZAC CONTRACTORS, INC. v. TEAM LAND DEVELOPMENT, INC., 847 So. 2d 1037 (Fla. Dist. Ct. App. 2003)

. . . will be disbursed by the appellees to the appellant Anzac Contractors upon the tender of a section 713.20 . . .

O. KELLER, v. NEWMAN SONS, INC,, 756 So. 2d 120 (Fla. Dist. Ct. App. 2000)

. . . Lienors receiving money shall execute partial releases, as provided in s. 713.20(2), to the extent of . . .

In CONSTRUCTION CONTRACTORS OF OCALA, INC. W. GRANT, v. LATHAN CONSTRUCTION CORP. H. d b a, 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. . . .

AMERICAN CASUALTY 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 . . . Section 713.20(2) formerly provided that anyone, other than a laborer, could waive a mechanics’ lien . . .

BRACCO, v. CARDOZO G., 434 So. 2d 1024 (Fla. Dist. Ct. App. 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. a v. E. ABDO, a, 365 So. 2d 216 (Fla. Dist. Ct. App. 1978)

. . . on the table, also attached to its pleading a copy of a partial release of lien, filed pursuant to § 713.20 . . .

ORLANDO CENTRAL PARK, INC. a v. MASTER DOOR COMPANY OF ORLANDO, INC. a a, 303 So. 2d 685 (Fla. Dist. Ct. App. 1974)

. . . Section 713.20(2), F.S.1971, provides that “Any person other than a laborer may waive his lien under . . .