Construction Liens and Bonds:
HB 893 revises Florida’s construction lien and payment bond laws to standardize and strengthen the forms used for lien waivers and releases on both public and private construction projects. The bill requires that progress-payment and final-payment waivers for payment bonds and construction liens be in substantially specified statutory forms, and it prohibits parties from demanding different waiver language. It also allows a claimant or lienor to condition a waiver or release on actual receipt of funds when payment is made by check, and it makes nonconforming waivers or releases unenforceable.
The bill also updates the notice requirements for direct contracts on residential projects over $2,500 and revises the “Notice to Owner” language to more clearly warn owners that unpaid subcontractors, sub-subcontractors, and material suppliers may still assert lien rights even if the owner has paid the contractor. In addition, it adds language stating that certain lien rights do not exist if the contractor has been paid in full under the direct contract, and it adjusts related provisions governing liens by professional service providers and by persons not in privity with the owner. The act is set to take effect July 1, 2025.
HB 893 would amend multiple sections of the Florida Statutes, including sections 255.05, 713.015, 713.03, 713.06, and 713.20, all within Florida’s construction lien framework. Its practical effect is to tighten statutory form requirements for lien waivers and releases, clarify when waivers may be conditioned on payment, and revise owner-facing notices to emphasize lien exposure and payment protections. The bill would affect owners, contractors, subcontractors, sub-subcontractors, material suppliers, design professionals, and sureties involved in public and private construction projects.
The available legislative record shows limited formal debate, no recorded votes in the provided materials, and no committee transcript excerpts. Based on the bill’s content, the measure appears aimed at clarifying and protecting payment rights in construction transactions while also giving owners more explicit notice of lien risks. Its failure to advance out of the Civil Justice & Claims Subcommittee suggests that, despite its consumer- and contractor-protection framing, it did not secure enough support to move forward in the 2025 session.
The main points of contention are likely to center on the balance between owner protections and lienor rights. Owners and contractors may favor the clearer statutory forms and the ability to require waivers tied to actual receipt of funds, while subcontractors, suppliers, and lien claimants may object to language that narrows or conditions lien enforcement, especially the provisions stating that no lien exists if the contractor has been paid in full under the direct contract. Another likely issue is the bill’s stricter treatment of nonstandard waivers, which could be viewed as reducing flexibility in private contracting.