Senate Bill sb1600
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1600
By Senator Sebesta
16-1027A-04 See HB
1 A bill to be entitled
2 An act relating to public construction bonds;
3 amending s. 255.05, F.S.; providing for a
4 mandatory form for public construction bonds;
5 providing an effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. Subsections (7), (8), and (9) of section
10 255.05, Florida Statutes, are renumbered as subsections (6),
11 (7), and (8), respectively, and present subsections (3) and
12 (6) of that section are amended to read:
13 255.05 Bond of contractor constructing public
14 buildings; form; action by materialmen.--
15 (3) The bond required in subsection (1) shall may be
16 in substantially the following form, and any deviation of the
17 bond form required by the public owner or furnished by the
18 contractor shall be disregarded:
19
20 PUBLIC CONSTRUCTION BOND
21
22 BY THIS BOND, We,...(enter name, principal business
23 address, and telephone number of contractor)..., as Principal,
24 and ...(enter name, principal business address, and telephone
25 number of surety)..., a corporation authorized to do business
26 in Florida as a surety insurer, as Surety, are bound to
27 ...(enter name, principal business address, and telephone
28 number of public owner)..., hereinafter herein called Owner,
29 in the sum of $.......(enter contract amount as penal sum of
30 bond)..., for payment of which we bind ourselves and, our
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1600
16-1027A-04 See HB
1 heirs, personal representatives, successors, and assigns,
2 jointly and severally.
3
4 WHEREAS, Principal has entered into a contract with
5 Owner for ...(enter description of project sufficient to
6 identify it, such as a legal description of property, the
7 street address of property, and a general description of the
8 improvement to be constructed)..., which is Owner's contract
9 No. ...(enter contract number)... belonging to ...(enter name,
10 principal business address, and telephone number of owner of
11 property if different from the contracting public entity)...,
12 and
13 WHEREAS, the Bond is given to meet the requirements of
14 Section 255.05, Florida Statutes, and the respective rights
15 and obligations of the Principal, Surety, Owner, and any
16 Claimant shall be controlled by Section 255.05, Florida
17 Statutes, including specifically the notice and time
18 limitation provisions of Section 255.05(2), Florida Statutes.
19 NOW, THEREFORE, THE CONDITION OF THIS BOND is that if
20 Principal:
21 1. Performs the contract dated ...(enter date of
22 contract)..., ......, between Principal and Owner for
23 construction of ...(the Project)..., the contract being made a
24 part of this bond by reference, at the times and in the manner
25 prescribed in the contract; and
26 2. Promptly makes payments to all claimants, as
27 defined in Section 255.05(1), Florida Statutes, supplying
28 Principal with labor, materials, or supplies, used directly or
29 indirectly by Principal in the prosecution of the work
30 provided for in the contract; and
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1600
16-1027A-04 See HB
1 3. Pays Owner all losses, damages, expenses, costs,
2 and attorney's fees, including appellate proceedings, that
3 Owner sustains because of a default by Principal under the
4 contract; and
5 4. Performs the guarantee of all work and materials
6 furnished under the contract for the time specified in the
7 contract, then this bond is void; otherwise it remains in full
8 force.
9 Any changes in or under the contract documents and
10 compliance or noncompliance with any formalities connected
11 with the contract or the changes do does not affect Surety's
12 obligation under this bond. In no event shall the liability of
13 the Surety exceed the amount of the bond stated above.
14
15 DATED ON ....,...(enter date of bond)....
16
17 ...(enter name of Principal)...
18 By ...(enter name of its authorized Officer)... ...(As
19 Attorney in Fact)...
20 ...(enter name of Surety)...
21 By ...(its authorized Attorney-in-Fact)...
22
23 (6) All bonds executed pursuant to this section shall
24 make reference to this section by number and shall contain
25 reference to the notice and time limitation provisions of this
26 section.
27 Section 2. This act shall take effect upon becoming a
28 law.
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CODING: Words stricken are deletions; words underlined are additions.