Florida Contractor's Final Payment Affidavit

What section 713.06 says about it

Quoted from the official text, with the subparagraph each quote comes from.

What the section asks of the contractor

Fla. Stat. 713.06(3)(d), the opening words

When the final payment under a direct contract becomes due the contractor:

Fla. Stat. 713.06(3)(d)1

The contractor shall give to the owner a final payment affidavit stating, if that be the fact, that all lienors under his or her direct contract who have timely served a notice to owner on the owner and the contractor have been paid in full or, if the fact be otherwise, showing the name of each such lienor who has not been paid in full and the amount due or to become due each for labor, services, or materials furnished.

Before the contractor can enforce a lien

Fla. Stat. 713.06(3)(d)1

The contractor shall have no lien or right of action against the owner for labor, services, or materials furnished under the direct contract while in default for not giving the owner the affidavit; however, the negligent inclusion or omission of any information in the affidavit which has not prejudiced the owner does not constitute a default that operates to defeat an otherwise valid lien.

Fla. Stat. 713.06(3)(d)1

The contractor shall execute the affidavit and deliver it to the owner at least 5 days before instituting an action as a prerequisite to the institution of any action to enforce his or her lien under this chapter, even if the final payment has not become due because the contract is terminated for a reason other than completion and regardless of whether the contractor has any lienors working under him or her or not.

What the owner does with it

Fla. Stat. 713.06(3)(d)4

The owner shall have the right to rely on the contractor’s affidavit given under this paragraph in making the final payment, unless there are lienors giving notice who are not listed in the affidavit.

Fla. Stat. 713.06(3)(d)5

The owner shall retain the final payment due under the direct contract that shall not be disbursed until the contractor’s affidavit under subparagraph 1. has been furnished to the owner.

On other payments, and when the contract ends early

Fla. Stat. 713.06(3)(c)1

The owner may require, and, in such event, the contractor shall furnish as a prerequisite to requiring payment to himself or herself, an affidavit as prescribed in subparagraph (d)1., on any payment made, or to be made, on a direct contract, but the furnishing of the affidavit shall not relieve the owner of his or her responsibility to pay or cause to be paid all lienors giving notice.

Fla. Stat. 713.06(3)(c)5

If the contract is terminated before completion, the contractor shall comply with subparagraph (d)1.

The notice to owner that subparagraph (d)1 refers to has a page of its own: Florida notice to owner. The waivers a lienor signs when paid are on Florida lien waiver forms, and the last day to record the lien itself is counted by the Florida lien deadline calculator.

None of this is legal advice. Where real money is attached, read the whole section at the link above, and pay a lawyer once to confirm how it applies to your job.