Right of Way Permit Bond - Broward County, FL in Florida

Brief Summary

Broward County will not issue a permit for work in its right-of-way until the required performance and maintenance security is posted. Getting the security in place early keeps a road cut, utility crossing or driveway job from sitting idle waiting on the permit.

Contractors working in public right-of-way under Broward County jurisdiction must post performance and maintenance security with the Highway Construction and Engineering Division before the permit is issued. The Division sets the amount using rates approved by the Board of County Commissioners, and the security stays in place for one year after the County accepts the work.

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How to Apply for a Right of Way Permit Bond:

• Confirm the road is under Broward County jurisdiction rather than a city or the state.
• Have a licensed contractor apply for the right-of-way permit with the Highway Construction and Engineering Division.
• Get the security amount the Division sets for your scope of work.
• Ask the Division whether a surety bond is accepted for your permit and request the form.
• Post the security before the permit is issued.
• Keep it in force for one year after the County accepts the work.

Detailed Information About the Florida Right of Way Permit Bond:

Check the form of security first

The County's published minimum standards for right-of-way work, Exhibit 25A to the Broward County Administrative Code, list cash, certified checks and irrevocable letters of credit as the accepted forms of performance and maintenance security. Before you order a surety bond, ask the Highway Construction and Engineering Division whether a bond is accepted for your permit and on what form. That one call avoids a rejected filing.

Who needs the permit and the security

Under Section 3-2.1 of the standards, construction in public right-of-way under County jurisdiction needs a permit, and the Division issues those permits only to a licensed contractor. Section 4-1.8 says the permit is issued only after the required performance and maintenance security has been posted. A change of contractor midway requires a new permit before work continues.

Who is exempt

Section 5-2.2 waives security for a residential driveway connection built by the owner or the owner's contractor, serving a single family or duplex residence, with one driveway no wider than 18 feet. Minor maintenance work and emergency repairs have their own rules under Sections 3-2.1.1 and 3-2.3.

How the amount is set

There is no single figure. Section 4-3.1 says security amounts are set by the Division based on rates and conditions approved by the Board of County Commissioners. Water and sewer, telecommunications, electric power, landscaping and monitoring wells each have their own security sections.

How long it lasts

Maintenance security remains in effect for one year after the permitted work is accepted. Letters of credit must cover that same period and require at least 30 days' notice before cancellation.

Eligibility and Requirements for a Florida Right of Way Permit Bond:

• Licensed contractor as permittee.
• Performance and maintenance security in an amount set by the Division.
• Broward County named as obligee.
• Security in effect for one year after final acceptance.
• At least 30 days' notice before any cancellation.

Florida Right of Way Permit Bond FAQs:

Official and Additional Resources for the Florida Right of Way Permit Bond: