HB 893 — Construction Liens and Bonds

Summary

Construction Liens and Bonds; Requires, rather than authorizing, specified waiver to be in certain form; authorizes claimant to condition waiver on receipt of funds; provides that certain waivers are unenforceable; revises notice contractor must provide to owner of certain real property if direct contract between owner & contractor is more than specified amount; provides that person may not have lien on improved real property if contractor was paid in full under direct contract; provides that person may not have lien on improved real property if contractor was paid in full under direct contract; revises notice that certain lienors must provide to owner of real property before perfecting lien & recording claim of lien.

Bill Text

• Introduced H 893 Filed Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill modifies existing Florida statutes regarding construction liens and bonds, making certain waivers mandatory and specifying conditions under which liens can be enforced.

• 255.05

  the waiver must may be in substantially the following form: → the waiver must be in substantially the following form:

  The waiver for claims against the payment bond must now be in a specified form, changing it from being optional to mandatory.

• 255.05

  a claimant who executes a waiver in exchange for a payment check may condition the waiver on the receipt of funds. → a claimant who executes a waiver in exchange for a payment check may condition the waiver on the receipt of funds payment of the check.

  Claimants can now condition the waiver on receiving payment for the check.

• 255.05

  is unenforceable → is enforceable in accordance with its terms.

  Liens that do not adhere to the specified waiver format will be enforced according to their terms, instead of being unenforceable.

• 713.015

  Any direct contract greater than $2,500 between an owner and a contractor, related to improvements to real property → Any direct contract greater than $2,500 between an owner and a contractor, related to improvements to real property consisting of single or multiple family dwellings up to and including four units,

  The bill specifies the type of improvements to which the direct contract applies.

• 713.03

  Notwithstanding the foregoing, a person may not have a lien on the real property improved if the contactor received payment in full for all moneys owed to date under the direct contract. → Notwithstanding the foregoing, a person may not have a lien on the real property improved if the contractor received payment in full for all moneys owed to date under the direct contract.

  Clarifies that if the contractor has been fully paid, no lien can be placed on the property.

• 713.06

  Notwithstanding the foregoing, a person may not have a lien on the real property improved if the contactor received payment in full for all moneys owed to date under the direct contract. → Notwithstanding the foregoing, a person may not have a lien on the real property improved if the contactor received payment in full for all moneys owed to date under the direct contract.

  Reiterates that payment in full to the contractor eliminates the possibility of a lien on the property.

Action History

1. June 16, 2025

   Died in Civil Justice & Claims Subcommittee

2. May 03, 2025

   Indefinitely postponed and withdrawn from consideration

3. March 04, 2025

   1st Reading (Original Filed Version)

4. March 02, 2025

   Now in Civil Justice & Claims Subcommittee

5. March 02, 2025

   Referred to Judiciary Committee

6. March 02, 2025

   Referred to Industries & Professional Activities Subcommittee

7. March 02, 2025

   Referred to Civil Justice & Claims Subcommittee

8. February 21, 2025

   Filed

Sponsors

• Tobin Rogers "Toby" Overdorf · Primary

Subjects