HB 893 2025
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to construction liens and bonds; 2
amending s. 255.05, F.S.; requiring, rather than 3
authorizing, a specified waiver to be in a certain 4
form; authorizing a claimant to condition a waiver on 5
the receipt of funds; providing that certain waivers 6
are unenforceable; amending s. 713.015, F.S.; revising 7
the notice a contractor must provide to an owner of 8
certain real property if the direct contract bet ween 9
the owner and contractor is more than a specified 10
amount; amending s. 713.03, F.S.; providing that a 11
person may not have a lien on improved real property 12
if the contractor was paid in full under the direct 13
contract; amending s. 713.06, F.S.; providing that a 14
person may not have a lien on improved real property 15
if the contractor was paid in full under the direct 16
contract; revising the notice that certain lienors 17
must provide to an owner of real property before 18
perfecting a lien and recording a claim of lien; 19
amending s. 713.20, F.S.; requiring, rather than 20
authorizing, a specified waiver to be in a certain 21
form; authorizing a claimant to condition a waiver on 22
the receipt of funds; providing that certain waivers 23
are unenforceable; providing an effective d ate. 24
25
HB 893 2025
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Be It Enacted by the Legislature of the State of Florida: 26
27
Section 1. Paragraphs (b) through (f) of subsection (2) of 28
section 255.05, Florida Statutes, are amended to read: 29
255.05 Bond of contractor constructing public buildings; 30
form; action by claimants.— 31
(2) 32
(b) When a person is required to execute a waiver of his 33
or her right to make a claim against the payment bond in 34
exchange for, or to induce payment of, a progress payment, the 35
waiver must may be in substantially the following form : 36
WAIVER OF RIGHT TO CLAIM 37
AGAINST THE PAYMENT BOND 38
(PROGRESS PAYMENT) 39
The undersigned, in consideration of the sum of $...., 40
hereby waives its right to claim against the payment bond for 41
labor, services, or materials furnished through ...(insert 42
date)... to ...(insert the name of your customer)... on the job 43
of ...(insert the name of the owner)..., for improvements to the 44
following described project: 45
(description of project) 46
This waiver does not cover any retention or any labor, services, 47
or materials furnished after the date specified. 48
DATED ON ........, ..... 49
...(Claimant)... 50
HB 893 2025
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
By:............ 51
(c) When a person is required to execute a waiver of his 52
or her right to make a claim against the payment bond, in 53
exchange for, or to induce payment of, the fina l payment, the 54
waiver must may be in substantially the following form: 55
WAIVER OF RIGHT TO CLAIM 56
AGAINST THE PAYMENT BOND 57
(FINAL PAYMENT) 58
The undersigned, in consideration of the final payment in 59
the amount of $...., hereby waives its right to claim against 60
the payment bond for labor, services, or materials furnished to 61
...(insert the name of your customer)... on the job of 62
...(insert the name of the owner)..., for improvements to the 63
following described project: 64
(description of project) 65
DATED ON ........, ..... 66
...(Claimant)... 67
By:............ 68
(d) A person may not require a claimant to furnish a 69
waiver that is different from the forms in paragraphs (b) and 70
(c). 71
(e) A claimant who executes a waiver in exchange for a 72
payment check may condition the waiver on the receipt of funds 73
payment of the check . 74
(f) A waiver that is not substantially similar to the 75
HB 893 2025
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
forms in this subsection is unenforceable enforceable in 76
accordance with its terms . 77
Section 2. Subsection (1) of section 713.015, Florida 78
Statutes, is amended to read: 79
713.015 Mandatory provisions for direct contracts. — 80
(1) Any direct contract greater than $2,500 between an 81
owner and a contractor, related to improvements to real property 82
consisting of single or multiple family dwellings up t o and 83
including four units, must contain the following notice 84
provision printed in no less than 12 -point, capitalized, 85
boldfaced type on the front page of the contract or on a 86
separate page, signed by the owner and dated: 87
ACCORDING TO FLORIDA'S CONSTRUCTIO N LIEN LAW (SECTIONS 713.001 -88
713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR 89
PROVIDE MATERIALS AND SERVICES FOR YOUR PROJECT AND ARE NOT PAID 90
IN FULL FOR SUCH WORK, MATERIALS, OR SERVICES MAY HAVE A RIGHT 91
TO ENFORCE THEIR CLAIM FOR PAYMENT AG AINST YOUR PROPERTY USING. 92
THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. SPECIFICALLY, IF YOU 93
FAIL TO PAY IF YOUR CONTRACTOR THEN YOUR CONTRACTOR AND CERTAIN 94
OTHER PERSONS WORKING UNDER YOUR CONTRACTOR WHO ARE OWED MONEY 95
FOR THE WORK, MATERIALS, OR SERVICES THEY PROVIDED FOR YOUR 96
PROJECT MAY PLACE OR A SUBCONTRACTOR FAILS TO PAY 97
SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE 98
PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, 99
EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL . IF YOU 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A 101
LIEN ON YOUR PROPERTY TO SECURE PAYMENTS OWED . THIS MEANS IF A 102
LIEN IS FILED ON YOUR PROPERTY, YOUR PROPERTY COULD BE SOLD 103
AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICE S 104
FOR WHICH YOU THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE 105
FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD PROTECT YOURSELF 106
BY STIPULATING STIPULATE IN THIS CONTRACT THAT BEFORE ANY 107
PAYMENT IS MADE, YOUR CONTRACTOR MUST IS REQUIRED TO PROVIDE YOU 108
WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT 109
HAS PROVIDED TO YOU WITH A "NOTICE TO OWNER." FLORIDA'S 110
CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU 111
CONSULT AN ATTORNEY. 112
Section 3. Subsection (1) of section 713.03, Florid a 113
Statutes, is amended to read: 114
713.03 Liens for professional services. — 115
(1) Any person who performs services as architect, 116
landscape architect, interior designer, engineer, or surveyor 117
and mapper, subject to compliance with and the limitations 118
imposed by this part, has a lien on the real property improved 119
for any money that is owing to him or her for his or her 120
services used in connection with improving the real property or 121
for his or her services in supervising any portion of the work 122
of improving the real property, rendered in accordance with his 123
or her contract and with the direct contract. Notwithstanding 124
the foregoing, a person may not have a lien on the real property 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
improved if the contactor received payment in full for all 126
moneys owed to date un der the direct contract. 127
Section 4. Subsection (1) and paragraph (c) of subsection 128
(2) of section 713.06, Florida Statutes, are amended to read: 129
713.06 Liens of persons not in privity; proper payments. — 130
(1)(a) A materialman or laborer, either of whom is not in 131
privity with the owner, or a subcontractor or sub -subcontractor 132
who complies with the provisions of this part and is subject to 133
the limitations thereof, has a lien on the real property 134
improved for any money that is owed to him or her for labor, 135
services, or materials furnished in accordance with his or her 136
contract and with the direct contract and for any unpaid finance 137
charges due under the lienor's contract. Notwithstanding the 138
foregoing, a person may not have a lien on the real property 139
improved if the contactor received payment in full for all 140
moneys owed to date under the direct contract. 141
(b) A materialman or laborer, either of whom is not in 142
privity with the owner, or a subcontractor or sub -subcontractor 143
who complies with the provisions of this part and is subject to 144
the limitations thereof, also has a lien on the owner's real 145
property for labor, services, or materials furnished to improve 146
public property if the improvement of the public property i s 147
furnished in accordance with his or her contract and with the 148
direct contract. Notwithstanding the foregoing, a person may not 149
have a lien on the real property improved if the contactor 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
received payment in full for all moneys owed to date under the 151
direct contract. 152
(c) The total amount of all liens allowed under this part 153
for furnishing labor, services, or material covered by any 154
certain direct contract must not exceed the amount of the 155
contract price fixed by the direct contract except as provided 156
in subsection (3). 157
(d) A person may not No person may have a lien under this 158
section except those lienors specified in it, as their 159
designations are defined in s. 713.01. 160
(2) 161
(c) The notice may be in substantially the following form 162
and must include the i nformation and the warning contained in 163
the following form: 164
165
WARNING! FLORIDA'S CONSTRUCTION LIEN LAW ALLOWS SOME UNPAID 166
CONTRACTORS, SUBCONTRACTORS, AND MATERIAL SUPPLIERS TO FILE 167
LIENS AGAINST YOUR PROPERTY IN CERTAIN CIRCUMSTANCES EVEN IF YOU 168
HAVE MADE PAYMENT IN FULL. UNDER FLORIDA LAW, YOUR FAILURE TO 169
PAY THE CONTRACTOR IN FULL FOR ALL MONEYS OWED ON THE DIRECT 170
CONTRACT MAKE SURE THAT WE ARE PAID MAY RESULT IN ONE OR MORE 171
LIENS A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING TWICE . 172
TO AVOID A LIEN AND PAY ING TWICE, YOU MUST OBTAIN A WRITTEN 173
RELEASE FROM US EVERY TIME YOU PAY YOUR CONTRACTOR. 174
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
NOTICE TO OWNER 176
177
To ...(Owner's name and address)... 178
179
The undersigned hereby informs you that he or she has furnished 180
or is furnishing services or materials as follows: 181
...(General description of services or materials)... for the 182
improvement of the real property identified as ...(property 183
description)... under an order given by............. 184
185
Florida law prescribes the serving of this notice and restricts 186
your right to make payments under your contract in accordance 187
with Section 713.06, Florida Statutes. 188
189
IMPORTANT INFORMATION FOR 190
YOUR PROTECTION 191
192
Under Florida's laws, those who work on your property or 193
provide materials and are not paid may have a right to enforc e 194
their claim for payment against your property using. This claim 195
is known as a construction lien. If you fail to pay your 196
contractor or neglect to make other legally required payments, 197
fails to pay subcontractors, or material suppliers, and others 198
or neglects to make other legally required payments, the people 199
who are owed money may have the right to place a lien on look to 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
your property for payment in certain circumstances , EVEN IF YOU 201
HAVE PAID YOUR CONTRACTOR IN FULL . 202
203
PROTECT YOURSELF: 204
—RECOGNIZE that this Notice to Owner may result in a lien 205
against your property unless the contractor has received payment 206
in full for all moneys owed to date under the direct contract 207
all those supplying a Notice to Owner have been paid . 208
—LEARN more about the Construct ion Lien Law, Chapter 713, 209
Part I, Florida Statutes, and the meaning of this notice by 210
contacting an attorney or the Florida Department of Business and 211
Professional Regulation. 212
...(Lienor's Signature)... 213
...(Lienor's Name)... 214
...(Lienor's Address)... 215
Copies to: ...(Those persons listed in Section 713.06(2)(a) and 216
(b), Florida Statutes)... 217
The form may be combined with a notice to contractor given under 218
s. 255.05 or s. 713.23 and, if so, may be entitled "NOTICE TO 219
OWNER/NOTICE TO CONTRACTOR." 220
Section 5. Subsections (4) through (8) of section 713.20, 221
Florida Statutes, are amended to read: 222
713.20 Waiver or release of liens. — 223
(4) When a lienor is required to execute a waiver or 224
release of lien in exchange for, or to induce payment of, a 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
progress payment, the waiver or release must may be in 226
substantially the following form: 227
WAIVER AND RELEASE OF LIEN 228
UPON PROGRESS PAYMENT 229
The undersigned lienor, in consideration of the sum of 230
$...., hereby waives and releases its lien and right to claim a 231
lien for labor, services, or materials furnished through 232
...(insert date)... to ...(insert the name of your customer)... 233
on the job of ...(insert the name of the owner)... to the 234
following property: 235
...(description of property)... 236
This waiver and release does not c over any retention or labor, 237
services, or materials furnished after the date specified. 238
DATED on ...., ...(year).... ...(Lienor)... 239
By: ........ 240
(5) When a lienor is required to execute a waiver or 241
release of lien in exchange for, or to induce payment o f, the 242
final payment, the waiver and release must may be in 243
substantially the following form: 244
WAIVER AND RELEASE OF LIEN 245
UPON FINAL PAYMENT 246
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
The undersigned lienor, in consideration of the final 247
payment in the amount of $........, hereby waives and releas es 248
its lien and right to claim a lien for labor, services, or 249
materials furnished to ...(insert the name of your customer)... 250
on the job of ...(insert the name of the owner)... to the 251
following described property: 252
...(description of property)... 253
DATED on ...., ...(year).... ...(Lienor)... 254
By: ........ 255
(6) A person may not require a lienor to furnish a lien 256
waiver or release of lien that is different from the forms in 257
subsection (4) or subsection (5). 258
(7) A lienor who executes a lien waiver and release in 259
exchange for a payment check may condition the waiver and 260
release on the receipt of funds payment of the check . However, 261
in the absence of a payment bond protecting the owner, the owner 262
may withhold from any payment to the contractor the amount of 263
any such unpaid funds check until any such condition is 264
satisfied. 265
(8) A lien waiver or lien release that is not 266
substantially similar to the forms in subsections (4) and (5) is 267
unenforceable enforceable in accordance with the terms of the 268
lien waiver or lien release. 269
Section 6. This act shall take effect July 1, 2025. 270