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SURETY AND FIDELITY BONDS
 

A Surety Bond is a three-party agreement whereby the surety guarantees to the obligee (the project owner) that the principal (the contractor) is capable of performing the contract in accordance with the contract documents. Performance of the contract, which is the subject of the bond, determines the rights and obligations of the surety and the obligee.

There are Contract Surety Bonds and Commercial Surety Bonds. 

Contract Surety Bonds include:

A bid bond provides financial assurance to the owner/obligee that the bid has been submitted in good faith, and that the contractor/principal intends to enter into the contract at the bid price and ultimately provide the required performance and payment bonds.

A performance bond protects the owner from non-performance and financial exposures should the contractor default on the contract. It is directly tied to the underlying contract and if the contractor is unable to perform the contract, the surety has responsibilities to the owner and contractor for project completion.

A payment bond, sometimes called a labor and material bond, protects certain subcontractors, laborers, and material suppliers against nonpayment by the contractor. Generally, these claimants may seek recovery directly from the surety company under the payment bond. It also protects the owner from these subcontractors asserting their right to file a lien against the owner’s project for non-payment.

A maintenance bond guarantees against defective workmanship or materials for a specified period.

A subdivision bond guarantee to a city, county, or state that the principal will finance and construct certain public improvements to the infrastructure such as street, sidewalks, curbs, gutters, utility sewer and drainage systems.

Commercial Surety Bonds include:

License and permit bonds, which are required by state law or local regulations in order to obtain a license or permit to engage in a particular business, e.g. contractors, motor vehicle dealers, securities dealers Blue Sky bonds, employment agencies, health spas, grain warehouses, liquor, and sales tax.

Judicial and probate bonds, also referred to as fiduciary bonds, secure the performance on fiduciaries' duties and compliance with court order, e.g. administrators, executors, guardians, trustees of a will, liquidators, receivers, and masters. Judicial proceedings court bonds include injunction, appeal, indemnity to sheriff, mechanic's lien, attachment, replevin, and admiralty.

Public official bonds, which guarantee the performance of duty by a public official, e.g. treasurers, tax collectors, sheriffs, judges, court clerks, and notaries.

Federal (non-contract) bonds are those required by the federal government, e.g. Medicare and Medicaid providers, customs, immigrants, excise, and alcoholic beverage.

Miscellaneous bonds, e.g. lost securities, lease, guarantee payment of utility bills, to guarantee employer contributions for Union fringe benefits, and workers compensation for self-insurers.

EXAMPLES OF SURETY AND FIDELITY BONDS

Adjusters surety bonds  Farm Products Brokers bonds Photocopiers surety bonds
Appraisers surety bonds Fidelity Dishonesty bonds Plumbing Contractors bonds
Auctioneers surety bonds Games of Chance surety bonds Postal Contract Station bonds
Auction Company surety bonds Immigration Consultants  Private School surety bonds
Auto Dealers surety bonds Immigration Assistant NY Private Sewage Disposal
Auto Registration Service Insurance Adjusters bonds Private Water Systems bonds
Auto Title surety bonds Insurance Agents surety bonds Process Servers surety bonds
Billboards surety bonds Insurance Producers bonds Public Adjusters surety bonds
Screen Actors Guild bonds Insurance Brokers surety bonds Public Officials Fidelity bonds 
Care Facility surety bonds Inventory Service fidelity bonds Roofing Contractors bonds
Certificate of Title surety bonds Janitorial Fidelity bonds Sales Tax surety bonds
Contract surety bonds Legal Document Assistant School Bus Drivers bonds 
Contractors Bid surety bonds License bonds (misc) Secondary School surety bonds
Contractors License bonds Liquor License & Permit bonds Tax Preparers bonds
Contract Payment  bonds Lost Trust Deed surety bonds Tax Preparers E&O Insurance
Contract Performance bonds Mortgage Bankers surety bonds Transportation Broker
Deferred Deposit surety bonds Mortgage Brokers surety bonds Truckers Highway surety bonds
Delayed Deposit surety bonds Motorcycle Dealers bonds Truckers Permit surety bonds
Dry Cleaners bonds Notary Public surety bonds Unlawful Detainer Assistant
Employee Dishonesty bonds  Notary Public E&O Insurance Utility Deposit surety bonds
Employment Agency bonds Payday Loan surety bonds Vehicle Registration Service
ERISA Pension Trust fidelity Permit Bonds (misc)  Wholesale Auto Dealers bonds
Escrow Agents surety bonds Pet Sitting Fidelity bonds Wholesale ATV Dealers bonds
Escrow Company fidelity Pharmaceutical bonds Wholesale Motorcycle Dealers  

 

H.B. 985 concerns surety bonds for construction or maintenance contracts. A surety bond shall be required of the successful bidder in an amount equal to the awarded contract price. However, the department may choose, in its discretion and applicable only to multiyear maintenance contracts, to allow for incremental annual contract bonds that cumulatively total the full, awarded, multiyear contract price. For a project for which the contract price is $250,000 (currently $150,000) or less, the department may waive the requirement for all or a portion of a surety bond if it determines the project is of a noncritical nature and nonperformance will not endanger public health, safety or property. (5-4-07: In House; taken up, concurred; Committee substitute passed as amended; ordered engrossed, then enrolled)
H.B. 1077 relates to the city of Key West; removes certain surety requirement; provides that board may accept lowest cost or best bid; revises provision relating to contracts. (5-2-07: In Senate; withdrawn from Rules; placed on local calendar; read second and third times; Committee substitute passed; in House; ordered enrolled)
H.B. 1153 relates to Hillsborough County Aviation Authority; amends a special act regarding the award of contracts; increases the minimum amount at which certain contracts are subject to competitive bidding or require sureties ($15,000 to $50,000). (5-2-07: In Senate; withdrawn from Rules; placed on local calendar; read second and third times; passed; in House; ordered enrolled)
H.B. 1217 relates to winery shippers; provides requirements for licensure; shippers must file a $5,000 bond. (5-4-07: Died in Jobs & Entrepreneurship Council)
H.B. 1283 relates to black business investment; provides that the Board is authorized to establish, with or without public or private partners, guarantor funds to assist qualified black business enterprises in obtaining surety bonds and other credit instruments when required. (4-30-07: In Senate; read third time; Committee substitute passed; in House; ordered enrolled)
H.B. 1285 relates to construction liens; requires a performance bond for certain contracts with private entities for specified public works projects; requires that certain notices by claimants be in writing; provides for owner and contractor to agree to furnishing of payment bond. (5-3-07: In Senate; read third time; Committee substitute passed; in House; ordered enrolled)
H.B. 1381 relates to branch insurance agencies; authorizes certain licensed agents to be agent in charge of branch locations under certain circumstances; provides limitations; provides that public adjusters shall maintain the $50,000 bond unimpaired throughout the existence of the license and for at least one year after termination of the license. (5-2-07: In Senate; read third time; Committee substitute passed; in House; ordered enrolled)
H.B. 1395 relates to Coral Springs improvement district; increases minimum contract bid amount and provides additional requirements for procurement of goods or services. (5-2-07: In Senate; withdrawn from Rules; placed on local calendar; read second and third times; Committee substitute passed; in House; ordered enrolled)
H.B. 1447 relates to video lottery; each video lottery retailer shall post a bond in an amount determined by the department which is sufficient to guarantee the payment of revenue due in any payment period. (5-4-07: Died in Jobs & Entrepreneurship Council)
H.B. 1489 relates to public project construction bonds; specifies amounts, criteria and requirements for payment and performance bonds. (5-3-07: In House; concurred; Committee substitute passed as amended; ordered engrossed, then enrolled)
H.B. 1505 relates to regulation of venomous reptiles, including requirements for licensing for capturing, keeping, possessing, transporting or exhibiting them; increases the bond from $1,000 to $10,000. (5-1-07: Substituted by S.B. 2766; laid on table)
H.B. 7075 is similar to H.B. 985. (5-4-07: Died in Conference Committee)
S.B. 126 relates to winery shippers; requires licensees to file a $5,000 bond for payment of all taxes, unless the volume of business is such that a bond of less than $5,000 will be adequate, in which case a lesser bond will be accepted but not less than $1,000. (5-4-07: Died in Criminal Justice)
S.B. 698 relates to Florida Commercial Anti-Pornography Act; provides that in an action brought under this section, upon a motion filed by the party against whom the action is brought alleging that the action is frivolous, without legal or factual merit, or brought for the purpose of harassment, the court may, after hearing evidence as to the necessity therefor, and after review of the alleged pornographic materials, require the party instituting the action to post a bond in an amount not to exceed $ 10,000, which the court finds reasonable to indemnify the defendant for any damages incurred, including reasonable attorney's fees. (5-4-07: Died in Commerce)
S.B. 1270 provides that contractors paid from university funds shall give bond for the faithful performance of their contracts in such amount and for such purposes as prescribed by § 255.05 or by rules of the board of governors relating to the type of contract involved. It shall be the duty of the university board of trustees to require from construction contractors a bond adequate to protect the board and the board's funds involved. (4-24-07: In House; read third time; Committee substitute passed; in Senate; ordered enrolled)
S.B. 1810 creates the Florida Security and Immigration Compliance Act; prohibits public employers and the Department of Transportation from entering into contracts for physical performance of services within the state with contractors not registered and participating in the Federal Work Authorization Program by a specified date; provides procedures and requirements regarding registration of contractors and subcontractors. (5-4-07: Died in Military Affairs and Domestic Security)
S.B. 1928 relates to transportation. Notwithstanding § 255.05, the Orlando-Orange County Expressway Authority may waive payment and performance bonds on construction contracts for the construction of a public building, for the prosecution and completion of a public work, or for repairs on a public building or public work that has a cost of $500,000 or less, and when the project is awarded pursuant to an economic development program for the encouragement of local small businesses that has been adopted by the governing body of the Orlando-Orange County Expressway Authority pursuant to a resolution or policy. (5-3-07: Substituted by H.B. 985)
S.B. 2090 relates to public building construction bonds; increases from $200,000 to $500,000 the value of such contract for a county, municipality, political subdivision or public authority which may be exempted from the requirement to execute payment or performance bonds. (5-4-07: Died in Regulated Industries)
S.B. 2376 clarifies provisions that require contractors who contract with state or local government for certain public buildings or public works to provide performance and payments bonds equal to the full contract amount; allows set off in amount of certain bonds required to be provided by subcontractors. (5-1-07: Substituted by H.B. 1489)
S.B. 2380 requires eligible nonpublic schools to demonstrate fiscal soundness by being in operation for one school year or provide the Department of Education with a statement by a CPA confirming that the nonpublic school desiring to participate is insured, and the owner(s) have sufficient capital or credit to operate the school for the upcoming year serving the number of students anticipated with expected revenues from tuition and other sources which may be reasonably expected. In lieu of such a statement, a surety bond or letter of credit for the amount equal to the scholarship funds for any quarter may be filed with the Department. (5-2-07: Substituted by H.B. 7145)
S.B. 2766 is the Senate companion to H.B. 1505. (5-2-07: In House; read third time; amendment failed; Committee substitute passed; in Senate; ordered enrolled)
S.B. 2768 is the Senate companion to H.B. 1285. (5-2-07: Substituted by H.B. 1285)
S.B. 2804 relates to transportation; provides that surety bonds for construction or maintenance contracts shall be required of the successful bidder in an amount equal to the awarded contract price; however, the Department may choose, in its discretion and applicable only to multiyear maintenance contracts, allow for incremental annual contract bonds that cumulatively total the full, awarded, multiyear contract price. For a project for which the contract price is $250,000 (increased from $150,000) or less, the Department may waive the requirement for all or a portion of a surety bond if it determines that the project is of a non-critical nature and nonperformance will not endanger public health, safety or property. (5-4-07: Died on calendar)
S.B. 2860 is the Senate companion to H.B. 1283. (4-27-07: Substituted by H.B. 1283)
S.B. 2880 is related to S.B. 2804. (5-4-07: Died in Transportation)
S.B. 2930 is related to H.B. 1153. (5-4-07: Died in Rules)
S.B. 2934 is related to H.B. 1077. (5-4-07: Died in Rules)

 

 

 

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