Florida is one of the busiest construction markets in the country, and if you build here — especially on public work — you will run into bonding requirements early and often. This guide walks through the Florida contractor bonds you are most likely to need in 2026: public works bonds under Section 255.05, licensing and permit bonds, the deadlines that decide whether a bond claim survives, and what the whole thing costs.
Public Works Bonds: Section 255.05
The centerpiece of Florida public construction bonding is Section 255.05 of the Florida Statutes, commonly called the Florida Little Miller Act. It is the state-level counterpart to the federal Miller Act, and it does two main things: it requires bonds on public projects, and it sets the rules for how subcontractors and suppliers make claims against those bonds.
Under 255.05, a contractor awarded a public construction contract must furnish a combined performance and payment bond before starting work. The performance bond guarantees the project will be completed according to the contract; the payment bond guarantees that subcontractors and suppliers get paid.
There are exemptions for smaller contracts. On state contracts of $100,000 or less, no payment and performance bond is required. For counties, cities, and other public entities, the awarding official or board may exempt contracts of $200,000 or less — but it is discretionary, and many owners still require a bond. Always confirm the requirement on the specific solicitation you are bidding.
The Claim Deadlines That Decide Everything
The part of 255.05 that trips people up is not the bond requirement — it is the notice and claim deadlines. If you are a subcontractor or supplier not in direct privity with the prime contractor, you must hit a specific sequence of dates to preserve your right to the payment bond:
- Notice to contractor: Served before beginning work, or within 45 days of first furnishing labor or materials.
- Notice of nonpayment: A sworn notice served on the contractor, with a copy to the surety, no earlier than 45 days after your first furnishing and no later than 90 days after your final furnishing of labor or materials.
- Suit: Filed within one year after your final performance of labor or delivery of materials (claims for unpaid retainage follow separate timing).
Miss any of these and you can lose an otherwise valid claim. The mechanics closely mirror the federal process we lay out in our Miller Act guide and our step-by-step on how to file a payment bond claim — both worth reading if you work public jobs in Florida.
Contractor Licensing in Florida
Separate from project bonds, Florida regulates who may perform construction work through the Department of Business and Professional Regulation (DBPR) and the Construction Industry Licensing Board. Florida recognizes two broad categories of licensure:
- Certified contractors are licensed at the state level and may work anywhere in Florida.
- Registered contractors hold a local competency card and may work only in the jurisdictions where they are registered.
Whether a surety bond is tied to your license depends on your classification and the local jurisdiction. Some local building departments require a license or permit bond as a condition of registration or of pulling permits, particularly for certain specialty trades.
License and Permit Bonds
License and permit bonds are small, fixed-amount bonds — distinct from the project-specific performance and payment bonds on public work. In Florida you may encounter them in a few forms:
- Local contractor license bonds required by a county or municipality as a condition of registration.
- Permit bonds required before a building department will issue a permit for certain work.
- Right-of-way and other municipal bonds for work that touches public property.
These bonds protect the public and the permitting authority — not you — and they are typically inexpensive. If a local office hands you a specific bond form, send it to your agent; the exact wording matters and these forms vary widely across Florida’s many jurisdictions.
Bid Bonds on Florida Public Work
Most competitively bid public projects in Florida require a bid bond — commonly 5% of the bid amount, though the solicitation sets the exact figure — submitted with your proposal. The bid bond guarantees that if you win, you will enter the contract and furnish the required performance and payment bonds. If you back out, the obligee can make a claim on the bond — depending on the bid bond form, either for its resulting losses or for the full penal sum as liquidated damages.
The good news for Florida contractors: bid bonds are generally issued at no charge once your bonding line is established. What matters is that your surety has already reviewed your account, because the bid bond is really the surety signaling it will stand behind the final bonds. Our bid bonds guide covers the process end to end.
What Florida Contractor Bonds Cost
Pricing depends heavily on the type of bond and your financial profile:
- Performance and payment bonds on public work typically run 1% to 3% of the contract amount, with stronger contractors at the low end. On larger, standard-market accounts, rates can fall below 1% on a sliding scale.
- License and permit bonds are small fixed-penalty bonds and usually cost a modest flat annual premium.
- Bid bonds are generally free.
For a complete breakdown of how premiums are set across every bond type, see our surety bond cost guide.
Getting Bonded in Florida: What to Prepare
To set up a bonding program for Florida work, expect to provide a standard underwriting package: business financial statements (CPA-prepared for larger programs), a current work-in-progress schedule, personal financial statements from the owners, and a signed indemnity agreement. The stronger and cleaner that package, the higher the limits and the better the rates a surety will offer.
Because Florida’s public work runs on 255.05 bonds, having your program in place before you find the job you want to bid is the difference between competing and watching from the sidelines. Set it up early.
The Bottom Line for Florida Contractors
If you build public work in Florida, Section 255.05 governs your bonds and your subs’ claim rights — know the 45-day, 90-day, and one-year deadlines cold. On top of that, confirm your licensing classification and whether any local license or permit bonds apply to your trade and jurisdiction. None of it is complicated once your program is in place, but the deadlines are unforgiving, so it pays to work with a surety specialist who writes Florida contract bonds every day.
Ready to set up or expand your Florida bonding program? Contact us today or call 877-914-0909. We write bid, performance, payment, and permit bonds across all 67 Florida counties, backed by 80+ top-rated sureties.
This article is general information, not legal advice. Statutory thresholds and deadlines can change — confirm the current requirements for your specific project and jurisdiction.