Question 1

What is a private provider?

Accepted Answer

A private provider is a Florida-licensed building code administrator, engineer, or architect authorized under Section 553.791, Florida Statutes, to provide eligible building-code plan-review or inspection services. Certain limited residential work may also be performed by other professionals expressly identified in the statute.

Question 2

Is using a private provider legal?

Accepted Answer

Yes. Section 553.791, Florida Statutes, expressly gives the fee owner of a building the right to use a private provider for plan review and/or building code inspections. Local jurisdictions may not prohibit the choice; they administer the permit and retain audit authority.

Question 3

How long has the private provider system existed?

Accepted Answer

Since 2002, when the Legislature enacted Section 553.791, Florida Statutes (Chapter 2002-293). The Legislature has amended the section many times since, most recently through HB 803 (Chapter 2026-63) in 2026.

Question 4

What statute governs private providers?

Accepted Answer

Section 553.791, Florida Statutes, is the primary law governing private providers. It outlines qualifications, responsibilities, and the relationship between private providers and local building departments.

Question 5

Does the building department still have authority?

Accepted Answer

Yes. The building department issues the permit, maintains the provider registration system, and may audit provider work at any point during a project, with at least five business days' notice. Its review of provider-approved plans is limited to completeness and non-code items such as local ordinances and floodplain rules, and it may inspect provider-approved construction only when the building official has knowledge that the private provider did not perform the required inspections, and only after giving the provider written notice of the facts and circumstances.

Question 6

What changed under HB 803 in 2026?

Accepted Answer

House Bill 803 (Chapter 2026-63), effective July 1, 2026, made significant updates to Section 553.791. The Notice to Building Official is still required, but a building department may not require the owner's contract with the provider or other more restrictive documents. Private providers no longer give advance notice of inspections. Commercial permit fees must be reduced by at least 25 percent when a provider performs plan review or inspections, and at least 50 percent when it performs both. Local governments must run fee-free provider registration systems, virtual inspections are clearly allowed, audits require five business days' notice, and local plan review of provider-approved documents is limited to completeness and non-code items.

Question 7

What are the penalties for non-compliance?

Accepted Answer

Private providers who fail to meet statutory standards face disciplinary action from their professional licensing boards, and their affidavits and certificates of compliance are made under oath. Defective documentation can delay or invalidate inspections.

Question 8

How do I choose a private provider?

Accepted Answer

Verify their Florida license, check their experience with your project type, ask for references, and compare quotes. A provider directory is under construction on this site.

Question 9

How do private-provider costs compare with local-government fees?

Accepted Answer

The owner or the contractor contracts with and pays the private provider directly, but the jurisdiction must reduce its permit fee to reflect services it no longer performs. Under HB 803 (effective July 1, 2026), commercial permit fees must be reduced by at least 25 percent when a private provider performs plan review or inspections, and at least 50 percent when a private provider performs both, and jurisdictions may not add punitive or extra fees. Many owners find the combined time and fee savings outweigh the provider's cost.

Question 10

What types of projects can use a private provider?

Accepted Answer

Any project that requires a building permit, residential or commercial: new construction, additions, renovations, and single-trade permits such as electrical, plumbing, mechanical, and roofing. Single-trade work was always eligible; recent amendments made that explicit.

Question 11

Can I suggest a private provider to my client?

Accepted Answer

Yes. Contractors can recommend private providers, but the decision to use one is ultimately the property owner's choice under the statute.

Question 12

How does scheduling work?

Accepted Answer

Once the notice to the building official is on file, building-code inspections are scheduled directly with the private provider, often with same-day or next-day availability. All other inspections are requested from the respective departments.

Question 13

What is the building department's role when a private provider is used?

Accepted Answer

The building department receives notice that a private provider has been engaged, reviews submitted reports, and retains final authority over permit issuance and certificate of occupancy.

Question 14

Can a building official reject a private provider's findings?

Accepted Answer

Only within the statute's boundaries: the official may deny a permit or refuse a report if it fails to comply with the Florida Building Code, but must give written notice of the specific deficiencies, citing the applicable code sections, and cannot unreasonably reject findings or impose requirements beyond the code.

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