Florida Senate - 2025                              CS for SB 658
       
       
        
       By the Committee on Rules; and Senator Truenow
       
       
       
       
       
       595-03348-25                                           2025658c1
    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; providing
    9         construction; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsections (4), (5), (7), and (8) of section
   14  713.20, Florida Statutes, are amended to read:
   15         713.20 Waiver or release of liens.—
   16         (4) When a lienor is required to execute a waiver or
   17  release of lien in exchange for, or to induce payment of, a
   18  progress payment, the waiver or release must may be in
   19  substantially the following form:
   20  
   21                     WAIVER AND RELEASE OF LIEN                    
   22                        UPON PROGRESS PAYMENT                      
   23  
   24         The undersigned lienor, in consideration of the sum of
   25  $...., hereby waives and releases its lien and right to claim a
   26  lien for labor, services, or materials furnished through
   27  ...(insert date)... to ...(insert the name of your customer)...
   28  on the job of ...(insert the name of the owner)... to the
   29  following property:
   30  
   31                   ...(description of property)...                 
   32  
   33  This waiver and release does not cover any retention or labor,
   34  services, or materials furnished after the date specified.
   35  
   36         DATED on ...., ...(year)....               ...(Lienor)...
   37  By: ........
   38  
   39         (5) When a lienor is required to execute a waiver or
   40  release of lien in exchange for, or to induce payment of, the
   41  final payment, the waiver and release must may be in
   42  substantially the following form:
   43  
   44                     WAIVER AND RELEASE OF LIEN                    
   45                         UPON FINAL PAYMENT                        
   46  
   47         The undersigned lienor, in consideration of the final
   48  payment in the amount of $........, hereby waives and releases
   49  its lien and right to claim a lien for labor, services, or
   50  materials furnished to ...(insert the name of your customer)...
   51  on the job of ...(insert the name of the owner)... to the
   52  following described property:
   53  
   54                   ...(description of property)...                 
   55  
   56         DATED on ...., ...(year)....               ...(Lienor)...
   57  By: ........
   58  
   59         (7) A lienor who executes a lien waiver and release in
   60  exchange for payment a check may condition the waiver and
   61  release on receipt of funds payment of the check. However, in
   62  the absence of a payment bond protecting the owner, the owner
   63  may withhold from any payment to the contractor the amount of
   64  any such unpaid funds check until any such condition is
   65  satisfied.
   66         (8) A lien waiver or lien release that is not substantially
   67  similar to the forms in subsections (4) and (5) is enforceable
   68  in accordance with the terms of the lien waiver or lien release,
   69  provided the lien waiver form or lien release form does not
   70  include additional terms beyond the forms in subsections (4) and
   71  (5).
   72         Section 2. This act shall take effect July 1, 2025.