Florida Senate - 2025                                     SB 658
       
       
        
       By Senator Truenow
       
       
       
       
       
       13-00819-25                                            2025658__
    1                        A bill to be entitled                      
    2         An act relating to waiver or release of liens;
    3         amending s. 713.20, F.S.; requiring that waiver and
    4         release of lien forms include specific language;
    5         authorizing a lienor who executes such lien and
    6         release forms in exchange for payment, rather than a
    7         check, to condition such waiver and release on receipt
    8         of funds, rather than payment of a check; deleting a
    9         provision that a lien waiver or lien release is
   10         enforceable if it does not contain such specific
   11         language; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsections (4), (5), (7), and (8) of section
   16  713.20, Florida Statutes, are amended to read:
   17         713.20 Waiver or release of liens.—
   18         (4) When a lienor is required to execute a waiver or
   19  release of lien in exchange for, or to induce payment of, a
   20  progress payment, the waiver or release must may be in
   21  substantially the following form:
   22  
   23                     WAIVER AND RELEASE OF LIEN                    
   24                        UPON PROGRESS PAYMENT                      
   25  
   26         The undersigned lienor, in consideration of the sum of
   27  $...., hereby waives and releases its lien and right to claim a
   28  lien for labor, services, or materials furnished through
   29  ...(insert date)... to ...(insert the name of your customer)...
   30  on the job of ...(insert the name of the owner)... to the
   31  following property:
   32  
   33                   ...(description of property)...                 
   34  
   35  This waiver and release does not cover any retention or labor,
   36  services, or materials furnished after the date specified.
   37  
   38         DATED on ...., ...(year)....               ...(Lienor)...
   39  By: ........
   40  
   41         (5) When a lienor is required to execute a waiver or
   42  release of lien in exchange for, or to induce payment of, the
   43  final payment, the waiver and release must may be in
   44  substantially the following form:
   45  
   46                     WAIVER AND RELEASE OF LIEN                    
   47                         UPON FINAL PAYMENT                        
   48  
   49         The undersigned lienor, in consideration of the final
   50  payment in the amount of $........, hereby waives and releases
   51  its lien and right to claim a lien for labor, services, or
   52  materials furnished to ...(insert the name of your customer)...
   53  on the job of ...(insert the name of the owner)... to the
   54  following described property:
   55  
   56                   ...(description of property)...                 
   57  
   58         DATED on ...., ...(year)....               ...(Lienor)...
   59  By: ........
   60  
   61         (7) A lienor who executes a lien waiver and release in
   62  exchange for payment a check may condition the waiver and
   63  release on receipt of funds payment of the check. However, in
   64  the absence of a payment bond protecting the owner, the owner
   65  may withhold from any payment to the contractor the amount of
   66  any such unpaid funds check until any such condition is
   67  satisfied.
   68         (8) A lien waiver or lien release that is not substantially
   69  similar to the forms in subsections (4) and (5) is enforceable
   70  in accordance with the terms of the lien waiver or lien release.
   71         Section 2. This act shall take effect July 1, 2025.