Surety bonds • Florida
Florida Public Construction Bonds (Section 255.05): Requirements and Claim Deadlines
Under Florida Statute section 255.05, contractors on public buildings and public works generally must provide a payment and performance bond equal to the contract price, recorded in the county where the work is done. Smaller contracts can be exempt, and subcontractors and suppliers must follow strict notice deadlines to claim on the bond.
This guide covers when the bond is required, exemptions, claim notices and deadlines, and cost. Blake Insurance Group is an independent agency and does not give legal advice; a licensed agent can help contractors set up bonding.
Request a Florida public construction bond quote
Tell us about the project, the contract amount, and the public owner, and a licensed agent will follow up. Submitting the form does not bind coverage.
If the form does not load, call 888-387-3687, Monday through Friday, 9:00 to 5:00, or email info@blakeinsurancegroup.com.
Prefer to quote online yourself?
Get a surety bond quote online, without waiting for a call back. Many license and permit bonds can be issued the same day.
Get a surety bond quote through Propeller →License, permit, contract, and commercial bonds through our Propeller portal.
Sponsored. Each link opens the partner’s website in a new tab, where its terms and privacy policy apply. Blake Insurance Group may be compensated if you buy.
When a 255.05 bond is required
Under Fla. Stat. § 255.05, a contractor entering a formal contract to build or repair a public building or public work must provide a payment and performance bond, recorded in the county where the work is located. The bond amount equals the contract price; for contracts over $250 million, the public owner may set a lower amount if the full amount is not reasonably available, but not less than $250 million.
Exemptions
| Public owner | Exemption |
|---|---|
| State | No bond required on contracts of $100,000 or less; exemptions may be delegated for contracts over $100,000 but under $200,000 |
| Counties, cities, and other political subdivisions | Contracts of $200,000 or less may be exempted at the awarding official’s or board’s discretion |
Source: Fla. Stat. § 255.05.
Claim notices and deadlines
- Notice to contractor (45 days). A claimant without a direct contract with the contractor must serve notice that it intends to look to the bond, before starting work or within 45 days after starting.
- Notice of nonpayment (90 days). Must be served no earlier than 45 days after first furnishing labor or materials and no later than 90 days after final furnishing.
- Lawsuit (1 year). Generally must be filed within 1 year after the labor was performed or materials were delivered, with special rules for retainage.
Source: Fla. Stat. § 255.05. Deadlines are strict, so claimants should get legal advice early.
How much a 255.05 bond costs
Public construction payment and performance bonds are usually priced together as one premium, commonly about 0.5% to 3% of the contract amount based on the contractor’s finances and experience (NASBP). See our performance bond and payment bond guides.
Florida public construction bond FAQs
When is a payment and performance bond required in Florida?
Generally on formal contracts to build or repair public buildings and public works, under section 255.05, unless an exemption applies.
What is the bond amount under section 255.05?
The bond amount equals the contract price, with a special rule for contracts over $250 million.
How long do I have to sue on a Florida public construction bond?
Generally 1 year after the labor was performed or materials were delivered.
Related guides
- Florida surety bonds
- Performance bonds
- Payment bonds
- Bid bonds
- Surety bonds
- Surety bond cost
- Surety bond cost calculator
- Buy a surety bond online
- South Dakota public works bond
- West Virginia public works bond
- New Mexico public works bond
- Nebraska public works bond
- Kansas public works bond
- Iowa public works bond
- Oklahoma public works bond
- South Carolina public works bond
- Alabama public works bond
- Tennessee public works bond
- Washington public works bond
- Michigan public works bond
- Pennsylvania public works bond
- New Jersey public works bond
- Illinois public construction bond
- Georgia public works bond
- Virginia public works bond
- North Carolina public construction bond
- Ohio public improvement bond
- New York public works payment bond
Important information
Compensation. The link in the partner quote box near the top of this page is sponsored, and Blake Insurance Group may be paid if you make a purchase. Sponsored placement does not affect the other information on this page.
Independent agency. Blake Insurance Group LLC is an independent insurance agency. Licensed insurance producer NPN 16944666. Licensed states: AZ, AL, TX, CA, NY, OH, FL, NC, VA, GA, OK, NM, IA, KS, MI, NE, SC, SD, WV, IL, NJ, PA, TN, and WA. Which insurance companies we can quote depends on our current appointments, the product, and your state. Mentioning a company on this page does not mean we represent it.
Cost figures. Published averages and ranges are cited from the sources named, as of the dates shown. They are not quotes and may not reflect your price, which depends on the insurer, the surety, your credit, the bond type, and underwriting.
Availability. Coverage, prices, discounts, and eligibility vary by insurer, state, and applicant, and are subject to underwriting. The issued policy controls.
Your next step
Tell us about your Florida public project, and a licensed agent will help you set up bonding.
