Florida Statute 113.07 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 113
COMMISSIONS

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113.07 Bond by surety company; when required.—

(1) When public officials, not honorary, either state, county or district, are required to post fidelity or performance bonds, such bonds must be written by surety companies authorized by law to do business in the state.

(2) The provisions of this law do not apply to deputy sheriffs, notaries public, or special process servers appointed to serve process under the provisions of s. 48.021.

(3) The cost of the premium on such bond must be paid out of the General Revenue Fund of the state or out of the county or out of the various districts, depending upon the class in which such officer belongs. If any excess premium over the base premium rate is charged in the procurement of the bonds, such excess premium must be paid by the individual officer or official.

History.—ss. 1, 2, 3, 4, ch. 20523, 1941; s. 2, ch. 76-263; s. 18, ch. 98-34.

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Amendments to 113.07

Annotations, Discussions, Cases:

Cases Citing Statute 113.07

Total Results: 2 | Sort by: Relevance | Newest First

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Sierra Club v. Tennessee Valley Auth., 430 F.3d 1337 (11th Cir. 2005).

Cited 29 times | Published | Court of Appeals for the Eleventh Circuit | 35 Envtl. L. Rep. (Envtl. Law Inst.) 20237, 61 ERC (BNA) 1545, 2005 U.S. App. LEXIS 25127, 2005 WL 3110516

and are not “federal enforcement” under Section 113. 7 Therefore, the plain language of the

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Tappy v. State ex rel. Ervin, 82 So. 2d 161 (Fla. 1955).

Cited 1 times | Published | Supreme Court of Florida | 1955 Fla. LEXIS 3888

...of the circuit courts.” Section 28.01, Florida Statutes. 1953, F.S.A., relating t.o bonds to be given by clerks of the circuit courts, provides that such bonds “shall be conditioned upon the faithful discharge of the duties of his office”; and Section 113.07, Florida Statutes 1953, F.S.A., requires that in all cases “where public officials, not honorary, either state, county or district, are now, or shall hereafter be required to post fidelity or performance bonds, all such bonds shall b...

...quired under the law. Section 36.03,- supra. It was conditioned “upon the faithful discharge of the duties of [the] office.” Section 28.01, supra. It was written by a surety company “authorized by law to do business in the state of Florida.” Section 113.07, supra....

...Thus, the bond met every constitutional and statutory requirement, with the exception of its approval by the county commissioners. It is settled in this jurisdiction that the sufficiency of a corporate surety now required on all official bonds under Section 113.07, Florida Statutes, F.S.A., is simply a matter of statutory qualification....

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