TO: Myron Gibbons
FROM: Rob Williams
RE: SWFWMD Contractor's Bonds
DATE: February 19, 1974
Contractors in Hillsborough County have bonds
which are designed to protect all persons suffering any
loss or damage occasioned by the contractor for failing
to comply with the provisions of the Hillsborough County
Code applicable to the work performed by the contractor.
Some of these contractors have built docks in the Hills-
borough River and other areas over which SWFWMD has juris-
1. Can SWFWMD go against the bonding companies
under the provisions of the bond.
2. If not, what can the District do to require
builders who build docks within the District's jurisdiction
to put up a bond as the District does under the District's
Well Drilling Rules and Regulations.
1. A complete reading of the provisions of
the Hillsborough County bond reveals that a failure on
the part of the contractor in properly constructing a
structure gives only "the person for whom such work is
performed a right of action against the Principal and
Surety" under the bond obligation. Thus, it is clear
that the provisions of the bond would not directly
apply to SWFWMD. Moreover, a review of the doctrine
of third party beneficiary as applied to sureties leads
to the conclusion that this theory would not be available
to SWFWMD in order to sue on the bond.
2. The District has ample statutory authority
to promulgate appropriate regulations requiring the post-
ing of bonds, similar to its Well Drilling bonds, for
structures built in the District's Works. F.S. 378.151,
Rules and Regulations, enforcement, provides as follows:
In administering this chapter
the governing board of the
district is authorized to make
and adopt reasonable rules,
regulations and orders consistent
with law and such rules, regula-
tions and orders may be enforced
by mandatory injunction, or
other appropriate action in the
courts of the State.
F. S. 378.17; Use of works by other districts provides
(1) the governing board shall have
authority to prescribe the manner
in which local works provide .
by private persons shall
connect with and make use
of the works of the district,
to issuerpermits therefore,
and to cancel the same for
noncompliance with the con-
ditions thereof, or for other
These provisions, pursuant to Ch. 378, apply to SWFWMD
and along with the provisions of Ch. 61-691 provide the
necessary authority for the District to require contractor's
bonds of the type contemplated.