The Florida Senate

¹553.04  Bond of plumbing contractor; requisites; form.--

(1)  Any person, except an employee of a licensed, bonded plumbing contractor, who desires to engage in or work at the business of plumbing in counties in the state that have, through their boards of county commissioners, elected to place said counties under the operation of this part, shall, before engaging or working at the business of plumbing in said counties, give bond in the sum of $5,000, payable to the Governor of the state and the Governor's successors in office with two or more good and sufficient sureties to be approved by the board of county commissioners of the county in which the said person intends to engage or work as a plumbing contractor and to be filed with said county code enforcement in which the said person intends to so engage or work, which said bond shall be conditioned upon the said person complying with the minimum requirements of the State Plumbing Code in regards to all plumbing done by said person in this state. Upon said plumbing contractor obtaining said bond and filing said bond with said county code enforcement, the said plumbing contractor is thereby entitled to have issued to him or her, by the said county code enforcement, a certificate to the effect that said bond has been filed by said plumbing contractor in said county. Said certificate shall be accepted, in lieu of bond, by other counties in which said plumbing contractor may desire to work.

(2)  The requisite of two sureties and justification of same shall not apply where surety is by a solvent surety company authorized to do business in this state.

(3)  The form of said bond shall be substantially as follows:

(a)  Know all persons by these presents that we, _____, (hereinafter called the principal) and _____, a corporation duly qualified and authorized under the laws of the State of Florida to act as surety on bonds (hereinafter called the Surety) are held and firmly bound unto _____, Governor of the State of Florida, and the Governor's successors in office in the penal sum of $5,000, lawful money of the United States of America, the true payment whereof well and truly to be made we do bind ourselves, our respective heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by this bond.

(b)  The condition of this bond is that if the above bonded principal, the said _____, shall protect the State of Florida against all loss or damage occasioned by the negligence of the said principal herein in failing to properly execute and protect all plumbing done by said principal or the employees of said principal or under the direction and supervision of said principal and from all loss or damage occasioned by or arising in any manner from any such work done by said principal or the employees of said principal or under the direction or supervision of said principal which is not caused by the negligence of the State of Florida or its agents, or employees, or by the negligence of the agents or employees of the county in which such plumbing is performed or by the negligence of the employees of the city in which such plumbing is performed, and further will keep and observe all laws of the State of Florida relating in any way to plumbing and all local ordinances where such plumbing is done, which relate in any way to plumbing and shall do all the plumbing in compliance with the minimum requirements of the State Plumbing Code and shall further without additional cost to the person for whom the plumbing is done, remedy any defects in said work due to faulty material furnished or used by said principal and shall further reconstruct and repair any such defective plumbing work or material to the satisfaction of the county plumbing inspector of the county where such plumbing is done, or to the satisfaction of the municipal plumbing inspector or district plumbing inspector, where such plumbing is done in municipalities or legislatively created governing, service, or sanitary districts which have been exempted from county plumbing inspection by the board of county commissioners, at any time within 1 year after the construction, alteration, or installation thereof by said principal, or under his or her direction or supervision and within 48 hours after notice from the county plumbing inspector or the municipal plumbing inspector or the district plumbing inspector to reconstruct or repair same, then this obligation shall become null and void; else to remain in full force and effect.

(c)  Any failure or default on the part of the principal in remedying any defects in plumbing due to faulty workmanship and incorrect construction or due to faulty material furnished or used by principal shall give the person for whom such work is performed a direct right of action against the principal and surety under this obligation; provided, however, that no suit, action or proceeding by reason of any default whatever shall be brought on this bond, after 1 year from the date of the final completion of such plumbing by the principal for such third person.

(d)  The premium anniversary date of this bond shall be on October 1 of each year.
Signed, sealed, and delivered
in the presence of:

 (Principal)  (SEAL)

_____(SEAL)

By  (Attorney in fact) 

¹Note.--Repealed July 1, 2001, by s. 68, ch. 98-287, as amended by s. 108, ch. 2000-141.