Bill Text: FL S0908 | 2024 | Regular Session | Introduced

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Bill Title: Construction Liens

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2024-03-08 - Died in Judiciary [S0908 Detail]

Download: Florida-2024-S0908-Introduced.html

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       Florida Senate - 2024                                     SB 908
       
       
        
       By Senator Perry
       
       
       
       
       
       9-01408-24                                             2024908__
    1                        A bill to be entitled                      
    2         An act relating to construction liens; amending s.
    3         713.20, F.S.; requiring, rather than authorizing, that
    4         waivers and releases for liens be substantially
    5         similar to statutory forms; providing that lien
    6         waivers and lien releases that are not substantially
    7         similar to the statutory forms are not enforceable;
    8         providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsections (4), (5), and (8) of section 713.20,
   13  Florida Statutes, are amended to read:
   14         713.20 Waiver or release of liens.—
   15         (4) When a lienor is required to execute a waiver or
   16  release of lien in exchange for, or to induce payment of, a
   17  progress payment, the waiver or release must may be in
   18  substantially the following form:
   19  
   20                     WAIVER AND RELEASE OF LIEN                    
   21                        UPON PROGRESS PAYMENT                      
   22  
   23         The undersigned lienor, in consideration of the sum of
   24  $...., hereby waives and releases its lien and right to claim a
   25  lien for labor, services, or materials furnished through
   26  ...(insert date)... to ...(insert the name of your customer)...
   27  on the job of ...(insert the name of the owner)... to the
   28  following property:
   29  
   30                   ...(description of property)...                 
   31  
   32  This waiver and release does not cover any retention or labor,
   33  services, or materials furnished after the date specified.
   34  
   35         DATED on ...., ...(year)....               ...(Lienor)...
   36  By: ........
   37  
   38         (5) When a lienor is required to execute a waiver or
   39  release of lien in exchange for, or to induce payment of, the
   40  final payment, the waiver and release must may be in
   41  substantially the following form:
   42  
   43                     WAIVER AND RELEASE OF LIEN                    
   44                         UPON FINAL PAYMENT                        
   45  
   46         The undersigned lienor, in consideration of the final
   47  payment in the amount of $........, hereby waives and releases
   48  its lien and right to claim a lien for labor, services, or
   49  materials furnished to ...(insert the name of your customer)...
   50  on the job of ...(insert the name of the owner)... to the
   51  following described property:
   52  
   53                   ...(description of property)...                 
   54  
   55         DATED on ...., ...(year)....               ...(Lienor)...
   56  By: ........
   57  
   58         (8) A lien waiver or lien release that is not substantially
   59  similar to the forms in subsections (4) and (5) is not
   60  enforceable in accordance with the terms of the lien waiver or
   61  lien release.
   62         Section 2. This act shall take effect July 1, 2024.