Florida lien waivers: forms, rules and retainage.
What Florida law requires of lien waivers and releases, the forms contractors and suppliers use, and how much retainage can be held, with the statute behind each point.
Checked against the Florida statutes on 2026-11-13 · General information, not legal advice
In short
Florida's lien waiver rules are in section 713.20. The statute sets two forms: a waiver and release upon progress payment and one upon final payment. No one may require you to sign a different form, but a waiver in another form can still be enforced on its own terms. Lien rights can't be waived in advance: a waiver covers only work and materials already furnished. Florida waivers don't need notarizing, and a waiver given for a check can be made conditional on the check clearing.
The Florida waiver forms set by statute.
Section 713.20 sets out two forms. Florida has no separate statutory "conditional" form; instead, subsection (7) lets a lienor make a waiver exchanged for a check conditional on that check being paid. The progress form doesn't cover retainage, or labor, services or materials furnished after the date stated in it.
| Form | Type | When it's used |
|---|---|---|
| Waiver and Release of Lien upon Progress Payment | Statutory · Progress payment | With each progress payment, for work through a stated date. Can be made conditional on a check clearing under 713.20(7). |
| Waiver and Release of Lien upon Final Payment | Statutory · Final payment | With the final payment, covering all labor, services and materials on the job. |
What Florida law requires.
No advance waivers
A right to claim a lien may not be waived in advance (713.20(2)). A waiver can only cover labor, services or materials already furnished.
You can refuse a non-statutory form
No person may require a lienor to sign a waiver in a form different from the statutory forms (713.20(6)). But if you do sign one that isn't substantially similar, it can still be enforced on its terms (713.20(8)), so read every custom form before signing.
Conditional on payment
A waiver given in exchange for a check may be conditioned on payment of that check (713.20(7)). Use that wording whenever you sign before funds clear.
No notary
The statutory forms have no notary block, and the statute doesn't require notarization.
How much can be held back in Florida.
| Private projects | No statutory percentage cap. Once the punch-list conditions in section 715.12 are met, the contract balance including retainage is due within 14 days, with interest at the statutory rate plus 12% a year if paid late. |
|---|---|
| Public projects | 5% of each progress payment on local government (section 218.735) and state (section 255.078) construction contracts; the cap doesn't apply to contracts of $200,000 or less or where conflicting federal funding rules apply. |
| Release | Local government projects: final payment within 20 business days after the punch list is developed, less up to 150% of the estimated cost of listed items; late payments accrue interest at 2% a month. SB 346 (2023) tightened these punch-list rules. |
Source: Florida Statutes 715.12, 218.735 and 255.078. Contracts can set lower retainage; read yours alongside the statute.
Collecting waivers without the paper chase.
On a busy job, a general contractor collects a conditional waiver from every subcontractor and supplier with each pay application, swaps it for an unconditional one once payment clears, and tracks retainage owed on every subcontract until final completion. Missing one waiver can hold up the owner's payment for everyone.
Agenbord Build for general contractors is designed to request, collect and match waivers to each payment and keep retainage per subcontract, so the next pay application isn't waiting on paperwork. It's in early access. See also our guides to construction pay applications and retainage.
Florida lien waivers: common questions.
Does Florida have a conditional lien waiver form?
Not as a separate statutory form. Florida's two forms are for progress and final payment, and section 713.20(7) lets a lienor make a waiver given for a check conditional on that check being paid. Write that condition into the waiver when you sign before funds clear.
Do Florida lien waivers need to be notarized?
No. The statutory forms in section 713.20 don't include a notary block, and the statute doesn't require one. An owner or lender may still ask for one in the contract.
Can a Florida contractor be forced to sign the owner's own waiver form?
No one may require a lienor to sign a waiver in a different form from the statutory ones. But a non-statutory waiver you do sign can still be enforced on its own terms, so either insist on the statutory form or read the custom one carefully.
Does a Florida progress waiver release retainage?
No. The statutory progress-payment form doesn't cover retention or work after the date stated in it. Retainage is released with the final payment waiver.
Sources
- Florida Statutes 713.20 - Waiver or release of liens (official)
- Florida Statutes 715.12 - Final payments; private projects (official)
- Florida Statutes 218.735 - Local government construction payments and retainage (official)
- Florida Statutes 255.078 - Public construction retainage (official)
- Florida SB 346 (2023) - bill history
General information about Florida law as checked on 2026-11-13, not legal advice. Lien law is technical and deadlines are strict; have a construction attorney review your forms and process.
