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.

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 Surety Bonds 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 Should You Watch for With Surety Bonds 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

Which Surety Bonds Providers Have Florida License Records?

These providers publish a national listing for Surety bonds; the license records below name the licensed entities and roles. 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.

  • TechInsurance

    Insurance producer · checked 2026-09-28

    Specialty Program Group LLC

    TechInsurance’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

    TechInsurance arranges surety bonds for small businesses.

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 in Florida

Reported tax rate. 4.94% of gross premium plus a 0.03% FSLSO service fee for policies effective July 1, 2026 or later 6,7,8

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.

Florida Surplus Lines Service Office

What Should You Ask Before Buying Surety Bonds 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: Frequently Asked Questions

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

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?

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?

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 Guides for Other States

Other coverage in FloridaEvery coverage guide for Florida, plus the regulator and surplus-lines details.

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.

Get Help With Insurance Buying and Renewals.

Get help buying coverage and managing renewals, with less paperwork for your team. Create your account and submit an insurance request online.

Talk to Spot