HB 611 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0611-00
Page 1 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to bonds of contractors constructing 2
public buildings; amending s. 255.05, F.S.; exempting 3
certain contractors from executing payment and 4
performance bonds when certain criteria are met; 5
providing an effective date. 6
7
Be It Enacted by the Legislature of the State of Florida: 8
9
Section 1. Paragraph (d) of subsection (1) of section 10
255.05, Florida Statutes, is amended to read: 11
255.05 Bond of contractor constructing public buildings; 12
form; action by claimants. — 13
(1) A person entering into a formal contract with the 14
state or any county, city, or political subdivision thereof, or 15
other public authority or private entity, for the construct ion 16
of a public building, for the prosecution and completion of a 17
public work, or for repairs upon a public building or public 18
work shall be required, before commencing the work or before 19
recommencing the work after a default or abandonment, to execute 20
and record in the public records of the county where the 21
improvement is located, a payment and performance bond with a 22
surety insurer authorized to do business in this state as 23
surety. A public entity may not require a contractor to secure a 24
surety bond under this section from a specific agent or bonding 25
HB 611 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0611-00
Page 2 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
company. 26
(d)1. When the work is done for the state and the contract 27
is for $100,000 or less, no payment and performance bond shall 28
be required. 29
2. When the work is done for the state, the Secretary of 30
Management Services may delegate to state agencies the authority 31
to exempt any person entering into such a contract amounting to 32
more than $100,000 but less than $200,000 from executing the 33
payment and performance bond. If an exemption is granted, the 34
officer or official is not personally liable to persons 35
suffering loss because of granting such exemption. The 36
Department of Management Services shall maintain information on 37
the number of requests by state agencies for delegation of 38
authority to waive the bond r equirements by agency and project 39
number and whether any request for delegation was denied and the 40
justification for the denial. 41
3.a. When the work is done for any county, city, or 42
political subdivision thereof, or other public authority or 43
private entity, and the contract is for $200,000 or less, at the 44
discretion of the official or board awarding such contract when 45
such work is done for any county, city, political subdivision, 46
or public authority, a person entering into such a contract that 47
is for $200,000 or less may be exempted from executing the 48
payment and performance bond. 49
b. Notwithstanding sub -subparagraph a., a person entering 50
HB 611 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0611-00
Page 3 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
into a contract of any amount may be exempted from executing the 51
payment and performance bond at the discretion of the official 52
or board awarding such contract if the following criteria are 53
met: 54
(I) The person provides documentation from the Department 55
of Business and Professional Regulation that he or she has 56
maintained a minimum of 10 consecutive years of active busin ess 57
operations within this state. 58
(II) The person has a minimum of 10 years of business 59
experience in his or her industry. 60
(III) The person employs a sufficient number of staff who 61
have the skill and knowledge to perform the work. 62
(IV) The person is licensed and properly insured. 63
(V) The person is an owner of a small, local business 64
entity as certified by any county, city, or political 65
subdivision thereof, or other public authority or private 66
entity. 67
c. When such work is done for the state, the S ecretary of 68
Management Services may delegate to state agencies the authority 69
to exempt any person entering into such a contract amounting to 70
more than $100,000 but less than $200,000 from executing the 71
payment and performance bond. If an exemption is grant ed under 72
this subparagraph, the officer or official is not personally 73
liable to persons suffering loss because of granting such 74
exemption. The Department of Management Services shall maintain 75
HB 611 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0611-00
Page 4 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
information on the number of requests by state agencies for 76
delegation of authority to waive the bond requirements by agency 77
and project number and whether any request for delegation was 78
denied and the justification for the denial. 79
Section 2. This act shall take effect July 1, 2023. 80