Florida Statutes

Fla. Stat. § 336.44 (2025)

Counties; contracts for construction of roads; procedure; contractor’s bond.

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336.44 Counties; contracts for construction of roads; procedure; contractor’s bond.
(1) The commissioners shall let the work on roads out on contract, in accordance with s. 336.41(4).
(2) Such contracts shall be let to the lowest responsible bidder, after publication of notice for bids containing specifications furnished by the commissioners in a newspaper published in the county where such contract is made, at least once each week for 2 consecutive weeks prior to the making of such contract.
(3) Upon accepting a satisfactory bid, the commissioners shall enter into a contract with the party whose bid has been accepted. Such contract shall contain the specifications of the work to be done or material furnished, the time limit in which the construction is to be completed or material delivered, the time and amounts in which payments are to be made upon the contract, and a penalty to be paid by the contractor for the failure to comply with the terms of such contract.
(4) The successful bidder shall enter into a good and sufficient bond with the commissioners for the faithful execution of the contract; the amount of the bond to be fixed by the commissioners, and the sufficiency of said bond to be likewise approved by the commissioners.
(5) The commissioners may reject any or all bids and require new bids to be made.
History.s. 102, ch. 29965, 1955; s. 12, ch. 77-165; s. 24, ch. 90-279; s. 79, ch. 2002-20; s. 33, ch. 2009-21.
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1981–2021 · leading case: LIBERTY CTY. v. Baxter's Asphalt & Concrete, Inc., 421 So. 2d 505 (Fla. 1982).
LIBERTY CTY. v. Baxter's Asphalt & Concrete, Inc., 421 So. 2d 505 (Fla. 1982). · cites it 6× “Baxter's appealed and the district court in March 1981 found that Gulf's failure to bid on Alternate A violated section 336.44, Florida Statutes (1979), the competitive bid statute for the construction of county roads.”
Baxter's Asphalt, Etc. v. Liberty Cnty., 406 So. 2d 461 (Fla. 1st DCA 1981). · cites it 4× “Here, Gulf's failure to comply with the bid specifications constituted a clear violation of the competitive bid statute applicable here, Section 336.44, Florida Statutes (1979), [1] in that the deviations in Gulf's bid were material.”
Eng'g Contractors Ass'n of South Florida, Inc. v. Broward Cnty., 789 So. 2d 445 (Fla. 4th DCA 2001). · cites it 4× “20, in the chapter entitled "Public Property and Publicly *449 Owned Buildings," section 336.44, "County Road System," and section 336.”
Groves-Watkins Const. v. State, Dept. of Transp., 511 So. 2d 323 (Fla. 1st DCA 1987). · cites it 2× “Compare *331 Section 336.44(5), Florida Statutes, governing the construction of county roads: "The commissioners may reject any or all bids and require new bids to be made", with Section 337.”
B.R.W Contracting, Inc. v. Hernando Cnty., Florida (M.D. Fla. 2021). “” § 336.44(2), F.S. It further provides that the “commissioners may reject any or all bids and require new bids to be made.”
— 336.44(2) — 2 cases
LIBERTY CTY. v. Baxter's Asphalt & Concrete, Inc., 421 So. 2d 505 (Fla. 1982). “Baxter's appealed and the district court in March 1981 found that Gulf's failure to bid on Alternate A violated section 336.44, Florida Statutes (1979), the competitive bid statute for the construction of county roads.”
B.R.W Contracting, Inc. v. Hernando Cnty., Florida (M.D. Fla. 2021). “” § 336.44(2), F.S. It further provides that the “commissioners may reject any or all bids and require new bids to be made.”
— 336.44(5) — 2 cases
LIBERTY CTY. v. Baxter's Asphalt & Concrete, Inc., 421 So. 2d 505 (Fla. 1982). “Baxter's appealed and the district court in March 1981 found that Gulf's failure to bid on Alternate A violated section 336.44, Florida Statutes (1979), the competitive bid statute for the construction of county roads.”
Groves-Watkins Const. v. State, Dept. of Transp., 511 So. 2d 323 (Fla. 1st DCA 1987). “Compare *331 Section 336.44(5), Florida Statutes, governing the construction of county roads: "The commissioners may reject any or all bids and require new bids to be made", with Section 337.”
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