FROM: EBM May 16, 1969
.. Re: -Southwest Florida- Water Management -District --
Water Regulatory District; Well Driller's Bond
I have reviewed the surety bond form for well drillers that
is used __by the Texas Water Development Board. I assumB that you
have in mind preparing a similar bond for use by the water regula-
tory district that has been set up by the Southwest Florida Manage-
Let me point- out- that the bond used by the -Texas Water Develop.
ment Board is apparently issued pursuant to a specific statutory
_ .provision. .The preamble states that the "water well driller's act
provides that before the water well drillerts registration certifi-
cate shall be issued, the Texas Water Development Board shall be
Furnished a bond in the princ ipa l sum of .$2 ,000 .00 and further ,
that such bond must thereafter be maintained as a condition to the
Scontinued- -validi-ty-of ....-the-at1er--we.ll. driller----registration certi-
I am not aware of any specific provision for a bond in the
Florida Statutes. However, It the water regulatory district have
authority to reqrequire bonds after adopting a regulation to that
effect under Florida Statutes 8373.171. If such a regulation is
adopted, it should spedify the amount of the bond and the obligee.
I... do not believe that the obligee has .-to be the Governor of .
the State of Florida, Possibly, it could be the members of the
regulatory district as a continuing body. In most instances that
I know of where the Governor of the S tate of Florida is the payee
of a bond, the Statute- specifically requires him to be named as
payee. I could find no-blanket requirement in-the- Statutes or the
Constitution of the State of Florida that all bonds required by
political subdivision of the State must be payableto the Governor
In fact, I know of several instances where bonds are payable to the
Board of County Commissioners,.
E. Bradford Miller
_______ ___________j ______
STATE OF TEXAS
TEXAS WATER DEVELOPMENT BOARD
P.O. Box 12386
Austin, Texas 78711
KNOW ALL MEN BY THESE PRESENTS:
of as Principal, and
(Name of Surety) (Address of Surety)
(Name & Address of Surety's Agency for Service of Process)
as Surety, being a surety company authorized to do business in the State of s, are held and
firmly- ou4Pt to th SaP of TaAe in the sum of Two Thousand ($2,000.00) Dollars, payable to
the Tfexb /% teace d for. the use and benefit of any injured party who shall recover
a judgment for damages front the violation by the Principal herein of any provision of nmhdpt
264, Ats,-59th-Legislattre (.B. 27 ..-_. The. Water Well Driler s--Act eodified-a- Verne's Ann.
Civ. Sta. Art. 7621e), the rules, regulations, and modes of procedure prescribed thereunder
by- the Wag--jJ^..oa lawful money of the United States for the payment of which
we, jointly and sever yly/ do hereby firmly bind ourselves, our heirs, executors, administra-
tors, successors and assigns.
The conditions of the above obligation are such that:
WHEREAS, the above named Principal has made application to the Texas Water-Develop-
ment Board for a certificate of registration as a Registered Water Well Driller in accordance
with the provisions of "The Water Well Drie-)-Vt: of th S. fa herein referred to
above, and ..(..A t zl/ -4A f
WHEREAS, 'TPhe r_ ter.;l-i3ir-Bril ier-'s Ait" provides that before a Water Well .Driller's
registration certificate shall be issued, the WaJ after Development Board shall be furnished
a bond in the principal sum of Two Thousand ($-6. Dollars, and further that such bond
must thereafter be maintained as a condition to the continued validity of the Water Well
Driller's registration certificate.
NOW, THEREFORE, if the Principal shall properly comply with all the provisions of the
"Water Well Driller's Act" and all rules, regulations, and orders promulgated pursuant thereto,
and shall pay any judgment recovered by any person in any suit for damages or injury caused by
a violation of this Act, then this obligation shall be void, otherwise, to remain in full force
and effect, subject to the following conditions:
I1. It is agreed that as of the date of issuance of a certificate of regis-
tration as a registered water well driller to the Principal, this bond
shall be in full force and effect indefinitely and a continuation or
renewal certificate shall not be necessary.
2. I s^agreed that this bond constitutes a new obligation in the sum of
^^^^ wT for each registration period (September 1 to August 31) for
/ which the Principal is licensed as a water well driller.
3. The Surety may at any time conditionally cancel this bond by giving
thirty days written notice to the Water Development Board of the State
of Texas, but said Surety so filing said notice shall not be discharged
from any liability already accrued under this bond or which shall
accrue before the expiration of said thirty (30) day period.
4. In no event shall the aggregate liability of the Surety under this bond
for any and all damages to one or more claimants exceed the penal sum of
this bond during any one registration period.
IN WITNESS WHEREOF said Principal and Surety have executed this bond this
day of 196___, to be effective on the day of,
This Bond must be accompanied by a Power of Attorney