StatutoryDesk / State Statutory Rules / Florida Statutory Lien Waiver Rules (Fla. Stat. § 713.20) & DWC-250 Audits
Florida Statutory Lien Waiver Rules (Fla. Stat. § 713.20) & DWC-250 Audits
What are the statutory lien waiver rules in Florida?
Florida Statute § 713.20 provides two statutory lien waiver forms: Progress Payment (§ 713.20(4)) and Final Payment (§ 713.20(5)). Advance lien waivers before work is performed are unenforceable, and no contractor can be forced to sign a waiver that differs from the statutory text.
Under Florida Statute § 713.20(6), a person may not require a lienor to furnish a lien waiver or release in a form different from the two statutory templates in subsections (4) and (5).
Statutory rules at a glance in Florida
| Rule | Statutory Requirement |
|---|---|
| Governing statute | Florida Statutes § 713.20 |
| Mandatory forms | Waiver and Release of Lien Upon Progress Payment (§ 713.20(4)) and Upon Final Payment (§ 713.20(5)) |
| Font & notice rule | Substantially follow the statutory wording in § 713.20(4)-(5) |
| Notary / Witness rule | No statutory notary requirement in § 713.20, though parties may optionally include conditional check-clearance language. |
| Unpaid / Conditional clock | If signed without conditional check-clearance language, a Florida statutory waiver can take effect immediately upon execution; always specify check-clearance conditions if unpaid. |
Workers' Comp audit rule for subcontractors in Florida
Florida Construction Industry rules (F.S. § 440.10) require Workers' Comp for construction businesses with 1 or more employees. Exempt corporate officers/LLC owners (holding at least 10% ownership) must hold an active state DWC-250 Certificate of Election to be Exempt.
Generate your Florida statutory lien waiver free
The free StatutoryDesk 12-State Lien Waiver Generator prepares the Florida statutory form (Florida Statutes § 713.20) in your browser with the required font size and notice block enforced, plus our Subcontractor ACORD 25 Workers' Comp Audit Checker to verify sub certificates before releasing a check.
Questions
Does Florida require a specific statutory lien waiver form?
Yes. Under Florida Statutes § 713.20, Florida requires: Waiver and Release of Lien Upon Progress Payment (§ 713.20(4)) and Upon Final Payment (§ 713.20(5)).
Do lien waivers need to be notarized in Florida?
No statutory notary requirement in § 713.20, though parties may optionally include conditional check-clearance language.
What happens if a subcontractor has no Workers' Comp in Florida?
Florida Construction Industry rules (F.S. § 440.10) require Workers' Comp for construction businesses with 1 or more employees. Exempt corporate officers/LLC owners (holding at least 10% ownership) must hold an active state DWC-250 Certificate of Election to be Exempt.