Florida Public Works Bonding Basics
Florida's public works bonding framework is governed by Florida Statutes §255.05, Florida's Little Miller Act. It applies to state, county, municipal, and special district construction — a huge pool given Florida's infrastructure boom.
Florida State Requirements: §255.05
Florida Statutes §255.05 requires a payment bond on public construction contracts exceeding $100,000. The payment bond protects subcontractors, sub-subcontractors, and suppliers who provide labor or materials on Florida public works.
Performance bonds are not mandated by state statute on every public contract, but virtually every major Florida public owner requires performance bonds in their bid specs — FDOT, Miami-Dade County, Broward County, City of Miami, City of Tampa, Orange County, and most school districts require 100% performance bonds alongside the statutory payment bond.
Federal Projects in Florida
Federal construction in Florida follows Miller Act rules. Contracts over $150,000 require 100% performance bonds and sliding-scale payment bonds. Florida federal volume includes NAS Pensacola, MacDill AFB, Patrick Space Force Base, Kennedy Space Center, VA facilities in Miami and Tampa, Everglades restoration contracts, and federal courthouses.
Who Counts as a Public Entity in Florida
§255.05 covers the State of Florida, all 67 counties, every incorporated municipality, school districts, community colleges, water management districts, special districts (CDDs, MSBUs), airport authorities, port authorities, and turnpike/expressway authorities. Florida has an unusually large special-district ecosystem, so contractors encounter bonding across many different governmental bodies.
Florida Payment Bond Claim Deadlines
Claimants must provide written notice of intent to file a claim to the contractor within 45 days after the first delivery of labor or materials. A separate Notice to Contractor must be filed within 90 days of last work/materials. Suit on the bond must be filed within one year of the date of final furnishing. Missing these deadlines bars recovery even when work was performed correctly.
Bid Bonds in Florida
FDOT requires bid bonds of 5% on virtually all state transportation projects. Most Florida counties and municipalities follow similar patterns. The statute doesn't mandate bid bonds universally, but bid specifications almost always do. Cashier's checks are typically accepted as bid security alternatives.
Florida-Specific Considerations
Florida's hurricane exposure creates unique bonding challenges. Surety underwriters scrutinize storm-season project scheduling, business continuity plans, and contractor insurance limits more closely than in other states. Contractors bidding post-hurricane reconstruction work often need specialty bonding and additional liquidity.
Getting Started
Florida public works bonding qualifications mirror national standards: capacity, capability, character. Practical steps:
- Work with a surety agent who knows Florida's special-district ecosystem
- Keep CPA-prepared financials current
- Build track record on smaller county or municipal projects
- Understand your local CDD (Community Development District) bonding needs if you work in planned communities
We work with Florida contractors across Miami-Dade, Broward, Palm Beach, Orange County (Orlando), Hillsborough (Tampa), Pinellas, and the panhandle. Contractor insurance and surety bonding from one shop, so your financials support both.