From Florida Legal Wiki
Waiver is an Affirmative Defense. The elements of waiver are:
- the existence at the time of the waiver of a right, privilege, advantage, or benefit which may be waived;
- the actual or constructive knowledge of the right; and
- the intention to relinquish the right.
Waiver may be implied by conduct, but that conduct must make out a clear case. Goodwin, citing Fireman's Fund Ins. Co. v. Vogel, 195 So.2d 20, 24 (Fla. 2d DCA 1967). Mere delay is insufficient to support a defense of waiver.. Goodwin, 939 So.2d at 1104, citing Mercede v. Mercede Park Italian Restaurant, Inc., 392 So.2d 997, 998 (Fla. 4th DCA 1981).