Surety Bond Encyclopedia

Right of Way ($5,000) Bond - City of Jacksonville, FL in Florida

Brief Summary

In Jacksonville a contractor cannot even apply for most right of way permits until a current Right of Way Surety Bond is on file with Development Services. The bond is a standing one year bond, not a per job bond, so once it is accepted you can pull permits through the term without posting new security each time.

The City of Jacksonville requires a contractor to have a current Right of Way Surety Bond on file with Development Services before a right of way permit can be applied for or issued, with few exceptions, under Ordinance Code Section 744.110. The city has posted a $5,000 bond form, but its current Right of Way Permitting page links a $10,000 form for residential driveway repair or construction and a $50,000 form for all other right of way work. Confirm with Development Services which amount applies to your work before the bond is issued.

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How to Apply for a Right of Way ($5,000) Bond:

  • Confirm with Jacksonville Development Services which bond form and amount apply to your work: $5,000, $10,000 residential driveway, or $50,000 all other right of way work.
  • Provide the contractor's legal name exactly as it will appear on permit applications.
  • Complete the surety application with company and owner information for underwriting.
  • Pay the premium and have the surety execute the city's bond form for a term of at least one year.
  • Deliver the original sealed bond with raised seal to Development Services.
  • Apply for right of way permits once the bond is on file, and keep a copy of each permit on the job site.

Detailed Information About the Florida Right of Way ($5,000) Bond:

Check which bond amount applies before you buy

This is the detail most contractors get wrong. The city has a $5,000 Surety Bond form on file, yet the example forms linked from its current Right of Way Permitting page are a $10,000 bond for residential driveway repair or construction and a $50,000 bond for all other right of way work, including utility work. Before the bond is issued, confirm with Development Services which form and amount it will accept for the permits you plan to pull.

Bond first, permit second

The city states that, with few exceptions, a right of way permit cannot be applied for or issued unless the contractor has a current Right of Way Surety Bond on file with Development Services. The bond has to be filed before the permit application, and the city wants the original sealed bond with a raised seal for its files.

A permit is needed to disturb, excavate, block, obstruct or tamper with city roads, rights of way or easements, or to place construction or other material in them. No city permit is needed for work in FDOT rights of way, private roads, private easements, or easements outside city jurisdiction such as JEA or conservation easements. Residential irrigation that extends into the city right of way is handled under the plumbing permit.

What the bond guarantees

The City of Jacksonville is the obligee. Under the city's form, the surety stands behind a principal who receives permits to disturb, excavate or place construction in public roads, rights of way or easements. The principal must repair and restore damaged pavement and pay the losses, costs, and safety and traffic control expenses that result, and the bond also answers for failure to comply with Ordinance Section 744.110 and the conditions of the permit. The bond runs for a minimum term of one year from 12:01 AM on its start date.

Eligibility and Requirements for a Florida Right of Way ($5,000) Bond:

  • City of Jacksonville named as obligee.
  • Bond on the city's Surety Bond form in the amount Development Services requires.
  • Minimum one year term, starting at 12:01 AM on the bond start date.
  • Original sealed bond with a raised seal. Copies are not accepted for the city's files.
  • Compliance with Ordinance Code Section 744.110 and all permit conditions.

Florida Right of Way ($5,000) Bond FAQs:

Is the bond $5,000, $10,000 or $50,000?

The city has a $5,000 bond form posted, but its current Right of Way Permitting page links a $10,000 form for residential driveway repair or construction and a $50,000 form for all other right of way work. Ask Development Services which amount applies to you before the bond is issued.

Do I need the bond before I apply for the permit?

Yes. With few exceptions, the city will not accept or issue a right of way permit unless the contractor already has a current Right of Way Surety Bond on file with Development Services.

Is it a bond for each job?

No. The city form is written for a term of at least one year and covers the permits the principal receives during that term.

Do I need a city permit for work in an FDOT right of way?

No. The city states that work in FDOT rights of way, private roads, private easements, and easements outside city jurisdiction such as JEA or conservation easements does not need a city right of way permit.

How is the premium set?

The surety prices the bond from the bond amount and the contractor's credit and business history.

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