Florida Senate Bill 908, if enacted, would modify 713.20, Florida Statutes, and require final and partial lien waivers in Florida to match the statutory form set forth in Florida’s Construction Lien law and would make any other types of forms unenforceable.
The bill adds the word “must” and removes the word “may” in describing when partial and final lien waiver forms set forth in Florida’s Construction Lien Law should be used, as indicated below:
(4) When a lienor is required to execute a waiver or release of lien in exchange for, or to induce payment of, a progress payment, the waiver or release must may be in substantially the following form:
. . .
(5) When a lienor is required to execute a waiver or release of lien in exchange for, or to induce payment of, the final payment, the waiver and release must may be in substantially the following form:
The bill also makes unenforceable lien waivers that do not match these requirements, as follows:
(8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is not enforceable in accordance with the terms of the lien waiver or lien release.
If enacted, this bill would take effect July 1, 2024.