The full statute explained in clear, accessible language. Updated for House Bill 803 (Chapter 2026-63), effective July 1, 2026.
Section 553.791, Florida Statutes, was created to give property owners the choice to hire qualified private professionals for building code plan reviews and inspections, providing an alternative to local government building departments. The goal is faster service, greater flexibility, and maintained safety standards.
The statute applies statewide: a local jurisdiction cannot opt out or prohibit an owner from electing private provider services.
A private provider must hold a current Florida license as a professional engineer (PE), architect, or building code administrator/inspector certified under Chapter 468. They must carry professional liability insurance of at least $1 million per occurrence and $2 million aggregate (more for projects over $5 million), and meet continuing education requirements specific to the building code.
Duly authorized representatives working under the provider's supervision must also hold the appropriate Chapter 468 certifications.
The property owner or the owner's contractor must submit the Notice to Building Official (NTBO) stating that a private provider has been engaged. It is signed by the fee owner, or by the contractor with the owner's written authorization. The owner's contract with the provider has never had to be filed with the permit, and HB 803 (effective July 1, 2026) confirmed that officials may not require it as a condition of issuing the permit. The notice is due at permit application or 2 business days before the first scheduled inspection. Once construction has commenced, a provider can be added only for single-trade inspections on one- and two-family dwellings, with notice before the next scheduled inspection.
The notice still includes an owner acknowledgment: the owner accepts that the jurisdiction is not providing those services and bears no liability for the provider's work. Notice may be delivered electronically, including by email or online forms.
Private providers can perform plan reviews, building inspections, and, under recent amendments, single-trade permit reviews and virtual inspections. They submit reports to the local building department, which retains final authority to approve or deny based on the provider's findings.
Threshold building inspections remain governed by their own Special Inspector requirements under Section 553.79(5), Florida Statutes. Local governments may not prohibit or limit private providers' use of virtual inspections, and providers no longer give the building department advance notice of inspection dates.
Since July 1, 2026 (HB 803), the local building department may review provider-approved plans only for local ordinances, floodplain management, site requirements, and administrative or life-safety items unrelated to building-code compliance. Other forms are reviewed for completeness only: the official must flag incomplete documents within 10 days of receiving the application with the provider's affidavit (5 business days for single-trade plan review on one- and two-family dwellings), or the building-code review is deemed approved. Deemed approval covers the building-code side only: if the work also needs another agency's approval (zoning, fire, floodplain, health, environmental, utilities), the permit is not released until those approvals are in. In practice it mostly helps interior-only work that does not affect the exterior or change the existing use.
Fees must reflect the department's actual costs, no punitive or extra fees may be charged for using a private provider, and commercial permit fees must be reduced by at least 25 percent (partial use) or 50 percent (full use of a private provider).
If a dispute arises between a private provider and building official, the statute provides a resolution process with written notice of specific deficiencies. Jurisdictions may audit provider work under published procedures, but must give the provider at least five business days' notice before an audit, and officials 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.
A knowingly false certificate of compliance still exposes the provider to license discipline and legal liability. Inspections must be recorded on the Florida Building Commission form, and an inspection may not be failed for posting issues as long as it is transmitted within four days.
Checked against the 2026 text of Section 553.791, Florida Statutes
This guide is a plain-language educational summary, not legal advice. Statutory details change, so always confirm against the current text of Section 553.791, Florida Statutes and your local jurisdiction's requirements. Updated for HB 803 (Chapter 2026-63), effective July 1, 2026.
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