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Florida Public Construction Bonds

Florida’s public-construction statute generally requires a payment and performance bond from an authorized surety insurer, recorded in the county and provided to the public entity before work. The statutory exceptions differ for State contracts and local public entities, and projects up to $500,000 have a separate surety-eligibility protection. 1,2

What Is Surety Bonds?

A surety bond guarantees that your business meets a specific obligation to a customer, contracting party or government agency. If a contract, license or permit requires one, get its exact form and amount; a bond is not insurance for your own losses. Read the national Surety bonds guide.

Florida Requirements

RequirementDetails
Public payment and performance bondA person entering a formal contract to construct or repair a public building or complete public work must execute and record a payment and performance bond with an authorized surety insurer before work begins. 1
State-contract exceptionNo payment and performance bond is required for State work when the contract is $100,000 or less; qualifying local public entities may exempt a contract of $200,000 or less at the awarding official or board’s discretion. 1

What to Watch for in Florida

  • Do not apply the local exemption to a State contract

    The statute makes the State exception mandatory at $100,000 or less. For county, city, political-subdivision or public-authority work up to $200,000, exemption is discretionary with the awarding official or board. Get written confirmation of any local waiver before relying on it. 1

  • Record and deliver the bond before starting

    The bond must be recorded in the county public records where the improvement is located, and the contractor must give the public entity a certified copy before commencing work or recommencing after default or abandonment. The public entity may not pay until it receives that certified copy. 1

  • Check project identifiers on the bond itself

    Florida requires the bond’s front page to identify the contractor, surety, property owner, public entity if different, contract and bond numbers, and a sufficient project description. Resolve missing or inconsistent details before recording the instrument. 1

  • A smaller project can affect which sureties the public owner may accept

    For projects using public funds with contract amounts not exceeding $500,000, § 287.0935 bars refusing bonds from a surety meeting its state-authority, capital/surplus and U.S. Treasury certificate criteria. Ask for those current qualifications if an otherwise eligible surety is rejected. 2

Who Regulates Insurance in Florida

Florida Office of Insurance Regulation

The Florida Office of Insurance Regulation licenses and regulates insurance companies and reviews rates and forms. The Department of Financial Services separately licenses insurance agents and handles consumer insurance complaints; its resource page links to both state license searches. 3,4,5

Surplus-lines tax and stamping office

Reported tax rate: 4.94% of gross premium plus a 0.03% FSLSO service fee for policies effective July 1, 2026 or later When Florida is the insured’s home state, Florida taxes the entire gross premium at 4.94%; the premium definition includes policy and similar insurance charges. The separate FSLSO service fee is 0.03% for policies effective July 1, 2026 or later. Surplus-lines policies do not receive Florida Insurance Guaranty Association protection. 6,7,8

Florida Surplus Lines Service Office

Providers With Documented State Licenses

These providers publish a national listing for Surety bonds; the state records document licenses for the entities and roles shown below. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Florida. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • TechInsuranceSpecialty Program Group LLCInsurance producer · checked 2026-09-28TechInsurance’s current licensing page names Specialty Program Group LLC / SPG Insurance Solutions and lists state license numbers, but labels Rhode Island “Individual licenses” rather than identifying a license for the named agency. RI is omitted because this disclosure does not establish agency authority there; this is a search limitation, not an assertion that the company is unlicensed. The remaining state entries are company-reported and are not an insurance product availability map. 14

Questions to Ask Before You Buy in Florida

  1. Is the obligee the State or a local public entity, and does the correct $100,000 mandatory or $200,000 discretionary exception apply?
  2. Has the awarding entity approved any exception in writing?
  3. Who will record the bond in the county records, and who will deliver the certified copy before work or payment?
  4. Does the bond front page match the owner, public entity, contract number, bond number and project description?
  5. What indemnity and collateral commitments will the surety require from the contractor?

Surety Bonds in Florida: FAQ

Can a Florida local government waive a bond on a public project under $200,000? 1

The awarding official or board has discretion to exempt qualifying county, city, political-subdivision or public-authority work at $200,000 or less. The State exception differs: no bond is required for State work at $100,000 or less. 1

Can a Florida public owner reject any surety on a project under $500,000? 2

For a public-funds project at or below $500,000, § 287.0935 says specified bid, performance and payment bonds from a surety satisfying its criteria may not be refused. The conditions include Florida authorization, required capital and surplus, compliance with insurance law and a valid U.S. Treasury certificate. 2

Who are the principal, obligee and surety on a Florida public-works bond? 1

The contractor is the principal, an authorized surety insurer guarantees the written terms, and the public entity is identified on the bond as obligee/contracting party. Covered labor, services and material claimants can bring statutory payment-bond claims; check the recorded instrument’s parties and project identifiers. 1

Surety Bonds in Other States

Other Coverage in Florida

Sources

  1. 2026 Florida Statutes § 255.05, Bond of Contractor Constructing Public Buildings. Florida Senate, Office of the Revisor of Statutes; Subsections (1), (1)(b)–(d), (2); as displayed in 2026 Florida Statutes. Accessed 2026-09-28.
  2. 2026 Florida Statutes § 287.0935, Surety Bond Insurers. Florida Legislature, Online Sunshine; Current § 287.0935; mandatory acceptance criteria for specified bonds on public projects up to $500,000. Accessed 2026-09-28.
  3. Florida Office of Insurance Regulation. Florida Office of Insurance Regulation; Official regulator homepage; insurer regulation. Accessed 2026-09-28.
  4. Resources. Florida Office of the Insurance Consumer Advocate; State page links to DFS agent search and OIR active company search. Accessed 2026-09-28.
  5. Get Insurance Help. Florida Department of Financial Services; Insurance concern and formal complaint intake; consumer helpline. Accessed 2026-09-28.
  6. Florida Statutes § 626.932: Surplus lines tax. Florida Legislature; 4.94% tax on gross premium; home-state taxation; statutory definition of premium. Accessed 2026-09-28.
  7. FSLSO Bulletin 2026-02. Florida Surplus Lines Service Office; Service-fee rate effective July 1, 2026: 0.03%. Accessed 2026-09-28.
  8. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  9. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  10. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  11. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  12. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  13. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  14. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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