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.

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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.

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