Florida Waiver and Release of Lien Upon Final Payment: When and How to Send

Updated August 2025 | All statutory references in this article reflect the Florida Statutes, Chapter 713 (2024 codification)

Lien waivers are some of the most important and most commonly used documents in construction. Some states have strict regulations on what lien waivers must look like, while others do not.

Florida is one of the states that requires construction participants to follow specific statutory forms for lien waivers. These forms are provided in Florida Statutes § 713.20. While parties are allowed to modify them, any lien waiver used in Florida must be substantially similar to the statutory form.

In Florida, the statutory duty to furnish lien waivers applies to general contractors under Fla. Stat. § 713.06(3)(c), but it directly impacts subcontractors and material suppliers because their payment is tied to the contractor’s ability to certify to the owner that all lienors have been paid or properly waived. If the correct waiver or affidavit is not furnished, payment down the chain can be delayed or lost.

This guide covers the essentials of one of the two Florida lien waivers: the Waiver and Release of Lien Upon Final Payment.

When Do You Use a Florida Waiver and Release of Lien Upon Final Payment?

A Florida Waiver and Release of Lien Upon Final Payment is used when you are waiving your lien rights after receiving your final payment on a project. This means your work is complete and you do not expect additional payments.

If your work is ongoing and you are only releasing lien rights for partial payments, you should instead use the Florida Waiver and Release of Lien Upon Progress Payment.

Is the Florida Final Payment Waiver Conditional or Unconditional?

By default, Florida lien waivers are unconditional. An unconditional lien waiver takes effect immediately once signed—your lien rights are waived even if payment has not cleared.

Because of this, you should always confirm funds are in your possession before signing.

However, Florida law allows modifications to the statutory form. Under § 713.20(6), parties may adjust the language, provided the waiver remains substantially similar to the statutory format. This flexibility permits creation of a conditional lien waiver by adding clear language that makes it effective only upon receipt of payment.

A valid conditional clause may read:

“Pursuant to Florida Statutes § 713.20(6), this waiver is conditional and effective only when the claimant receives actual payment of the amount specified on this form.”

Required Form for the Florida Final Payment Waiver

The statutory form prescribed in § 713.20(5) must be substantially followed:

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 (customer) on the job of (owner) to the following described 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: ___

(Lienor)

The following information must be accurately provided:

1. $ Amount – the final payment amount being waived.
2. Customer’s Name – the party who hired you.
3. Owner’s Name – the property owner(s).
4. Project Description – legal description or address of the property.
5. Date of Execution – date the waiver is signed.
6. By-line – lienor or authorized agent’s name, address, and signature.
   

Remember, this form is unconditional unless you add explicit conditional language.

Best Practices Before Signing a Florida Final Payment Waiver

1. Confirm You Are Using the Correct Form
   
   Use the Final Payment waiver only when your work is complete and you are receiving final payment. Using it too early will waive lien rights for the entire project.
   
   
2. Convert to Conditional Whenever Possible
   
   A conditional waiver protects you against bounced checks or failed transfers. Add the statutory-based conditional clause if payment has not cleared.
   

Verify Funds Before Signing Unconditional Forms

If you must use the unconditional statutory form, confirm that funds are available in your account before releasing lien rights.