Florida is set to potentially join the group of 11 states that require the use of a statutory waiver and release form when a lienor is obligated to execute a waiver or release in exchange for payment. Senate Bill 908 (SB 908) was filed in the Florida legislature in December 2023 and is set to amend Section 713.20, Florida Statutes. Under the current law, parties may use the statutorily provided lien waiver forms, but it is not mandatory as parties can agree to use another form. However, the changes proposed by SB 908 will make the statutory lien waiver form mandatory for construction projects in Florida. SB 908 amends subsections (4) and (5) of Section 713.20 in the following manner:

“When a lienor is required to execute a waiver or release of lien in exchange for, or to induce payment of, a progress/the final payment, the waiver or release must may be in substantially the following form:”