Florida Senate - 2024 SB 908
By Senator Perry
9-01408-24 2024908__
1 A bill to be entitled
2 An act relating to construction liens; amending s.
3 713.20, F.S.; requiring, rather than authorizing, that
4 waivers and releases for liens be substantially
5 similar to statutory forms; providing that lien
6 waivers and lien releases that are not substantially
7 similar to the statutory forms are not enforceable;
8 providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsections (4), (5), and (8) of section 713.20,
13 Florida Statutes, are amended to read:
14 713.20 Waiver or release of liens.—
15 (4) When a lienor is required to execute a waiver or
16 release of lien in exchange for, or to induce payment of, a
17 progress payment, the waiver or release must may be in
18 substantially the following form:
19
20 WAIVER AND RELEASE OF LIEN
21 UPON PROGRESS PAYMENT
22
23 The undersigned lienor, in consideration of the sum of
24 $...., hereby waives and releases its lien and right to claim a
25 lien for labor, services, or materials furnished through
26 ...(insert date)... to ...(insert the name of your customer)...
27 on the job of ...(insert the name of the owner)... to the
28 following property:
29
30 ...(description of property)...
31
32 This waiver and release does not cover any retention or labor,
33 services, or materials furnished after the date specified.
34
35 DATED on ...., ...(year).... ...(Lienor)...
36 By: ........
37
38 (5) When a lienor is required to execute a waiver or
39 release of lien in exchange for, or to induce payment of, the
40 final payment, the waiver and release must may be in
41 substantially the following form:
42
43 WAIVER AND RELEASE OF LIEN
44 UPON FINAL PAYMENT
45
46 The undersigned lienor, in consideration of the final
47 payment in the amount of $........, hereby waives and releases
48 its lien and right to claim a lien for labor, services, or
49 materials furnished to ...(insert the name of your customer)...
50 on the job of ...(insert the name of the owner)... to the
51 following described property:
52
53 ...(description of property)...
54
55 DATED on ...., ...(year).... ...(Lienor)...
56 By: ........
57
58 (8) A lien waiver or lien release that is not substantially
59 similar to the forms in subsections (4) and (5) is not
60 enforceable in accordance with the terms of the lien waiver or
61 lien release.
62 Section 2. This act shall take effect July 1, 2024.