CS for SB 658 amends Florida’s construction lien law to standardize and clarify the language used in waiver and release of lien forms. For progress payments and final payments, the bill requires that lien waivers be in substantially specified statutory forms, and it updates those forms to reflect that a lienor is waiving lien rights in exchange for payment of a stated amount. The bill also preserves the existing rule that a waiver or release not substantially similar to the statutory forms remains enforceable according to its terms, so long as it does not add extra terms beyond the statutory language.
The bill further addresses situations where a lien waiver is executed in exchange for a check rather than immediate collected funds. Under the amended law, a lienor may condition the waiver and release on receipt of funds, not merely the delivery of a check. If there is no payment bond protecting the owner, the owner may withhold from payment to the contractor the amount of any unpaid check until the condition is satisfied. The bill takes effect July 1, 2025.
Impact
The bill amends section 713.20, Florida Statutes, which governs waiver or release of liens in construction projects. Its practical effect is to tighten and clarify the statutory forms used by contractors, subcontractors, suppliers, and other lienors when they sign lien waivers tied to progress or final payments. It also changes the legal treatment of waivers given for checks by allowing lienors to make the waiver contingent on actual receipt of funds, while preserving an owner’s ability to withhold corresponding amounts in certain circumstances.
Sentiment
The available voting record shows strong and unanimous support throughout the Senate process, with no recorded dissent in committee or on the floor. The bill passed the Senate Judiciary, Community Affairs, and Rules committees unanimously, and then passed third reading in the Senate by a wide margin. The absence of committee transcripts limits insight into debate, but the vote history suggests the measure was viewed as a technical, clarifying change rather than a controversial policy shift.
Contention
There is little evidence of substantive contention in the available record. The main policy issue embedded in the bill is the balance between protecting lienors from releasing rights before actual payment clears and preserving owners’ and contractors’ ability to rely on lien waivers in construction transactions. The bill’s allowance for conditioning a waiver on receipt of funds, along with the owner’s right to withhold payment when no payment bond exists, appears designed to address that risk allocation, but no recorded opposition or divided vote indicates significant disagreement.