HB 803: The 2026 Private Provider Overhaul, Explained

House Bill 803 is the most significant modernization of Section 553.791, Florida Statutes, in over a decade. Here is what changed, who it affects, and what the statute actually says about the accountability questions both sides are asking.

Effective July 1, 2026

Key facts

Chapter law
Chapter 2026-63, Laws of Florida
Signed
May 6, 2026
Effective
July 1, 2026
Legislative support
Passed without a dissenting vote (House 109-0, Senate 37-0)

HB 803 (Trabulsy, Overdorf; companion SB 1234, DiCeglie) rewrites much of the day-to-day mechanics of Florida's private provider program. The direction is consistent throughout the bill: owners have clearer rights, providers work with less procedural friction, and building departments shift from re-reviewing technical work to registering, verifying, and auditing the professionals who perform it. The Legislature passed it without a single no vote.

What Changed, Provision by Provision

The main changes to Section 553.791, Florida Statutes, compared with the prior rule. The rules on when a provider may be engaged did not change: after construction starts, a provider can be added only for single-trade inspections.

ProvisionBefore July 1, 2026Under HB 803
Advance notice of inspectionsPrivate providers notified the building department of inspection dates and times.No advance notice of inspections is required.
Contract with the providerThe statute never required the owner's contract with the provider to be filed with the permit, but some jurisdictions asked for it.HB 803 made clear that a building department may not require the contract or other more restrictive documents. The Notice to Building Official (NTBO) is still required, signed by the fee owner or by the contractor with the owner's written authorization.
Commercial permit feesFees reduced by the jurisdiction's estimated cost savings, calculated locally.Reduced by at least 25 percent when a provider performs plan review or inspections, and at least 50 percent when a provider performs both. Punitive administrative fees are prohibited, and no plan review or inspection fees may be charged for services the provider performs.
Local review of provider-approved plansThe statute did not clearly state how far a building department could re-review provider-approved plans, and practices varied.HB 803 clarified the intent: review is limited to completeness plus non-code items: local ordinances, floodplain management, site requirements, and administrative or life-safety review unrelated to building-code compliance.
Deemed approvalThe building department's review was deemed approved if no written notice of plan deficiencies issued within 20 business days.Incomplete forms must be flagged within 10 days of receiving the application with the provider affidavit (5 business days for single-trade plan review on one- and two-family dwellings), or the building-code review is deemed approved. “Plan deficiencies” now means incomplete forms or documents only. 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 use.
Re-inspection of provider-approved workPractices varied on when a building department inspected behind a private provider.The building official may inspect provider-approved work 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. Separately, the official may deny permits or issue a stop-work order when a condition poses an immediate threat to public safety and welfare.
Provider registrationPaper-heavy, jurisdiction-by-jurisdiction practices; some required resumes and qualification statements.Every local government must maintain a registration system that verifies licensure and insurance, with no fees for registering or updating, electronic delivery recognized, and no alterations to the Florida Building Commission model form.
Virtual inspectionsAcceptance varied by jurisdiction.Local governments may not prohibit or limit private providers' use of virtual inspections.
AuditsAudits had to follow the agency's published standard operating audit procedures.Audits may occur at any point during a project, still under published procedures, with at least five business days' notice to the provider. The same provider or firm may not be audited more than four times a year unless there is an immediate threat to public safety, and work may proceed after the provider's approval without waiting for an audit.
Inspection recordsPosting practices varied; failed inspections over paperwork logistics were a common friction point.Inspections and certificates of compliance are recorded on the Commission's form, and an inspection may not be failed over posting as long as records are transmitted within four days.

Beyond private providers, the bill also creates a $7,500 single-family permit exemption (with trade-work carve-outs), standardizes permit applications statewide, extends permit expirations for single-family dwellings, and directs state term contracts for inspection services.

What To Do Differently Now

Practical adjustments for each side of the counter.

For Owners & Contractors

  • Decide on a private provider before construction starts; once work has begun, one can be added only for single-trade inspections on one- and two-family homes
  • Budget with the new floor in mind: commercial permit fees drop at least 25 percent when a provider performs plan review or inspections, and at least 50 percent when it performs both
  • Do not let a permit tech condition issuance on seeing your provider agreement; the statute prohibits it
  • Track the completeness clock: 10 days (or 5 business days for single-trade residential) from filing with the provider affidavit, after which the building-code review is deemed approved; approvals from other agencies (zoning, fire, floodplain, health, utilities) are still required before the permit is released

For Private Providers

  • Register with each jurisdiction's new registration system; registration and updates must be free
  • Record every inspection and certificate on the Commission form and transmit within four days
  • Expect at least five business days' notice before any audit, and keep files audit-ready anyway
  • Your licensure, insurance, and sworn certificates remain the backbone of the program; HB 803 removed friction, not responsibility

For Building Departments

  • Stand up the registration system and remove registration fees; limit information requests to what registration collects
  • Retrain permit staff on the completeness-only review standard and the 10-day and 5-day notice windows
  • Inspect behind a provider only with knowledge that the provider did not perform the required inspections, after written notice of the facts; immediate threats to public safety are handled through stop-work authority
  • Recalculate commercial fee schedules to deliver the 25 and 50 percent reductions and actual-cost pricing

Common Misconceptions, Examined

Strong opinions about this program circulate at permit counters, in provider offices, and across industry forums, and both sides raise points worth taking seriously. Here is what the statute actually provides, claim by claim.

“Private providers answer to no one.”

Often heard from building officials

What the statute provides

The accountability is real; it simply runs through different channels than a county org chart. A private provider works under an active Florida license that their livelihood depends on, carries professional liability insurance of at least $1 million per occurrence and $2 million in the aggregate ($2 million per occurrence and $4 million in the aggregate for projects over $5 million in construction cost), and signs certificates of compliance under oath. A false certificate is grounds for discipline by the provider's licensing board. Jurisdictions retain audit authority, permit issuance, and the certificate of occupancy, and may still re-inspect when they have knowledge of incomplete or incorrect forms. What HB 803 removed is duplicative process, not consequences.

“HB 803 stripped building departments of any meaningful role.”

A concern raised on both sides

What the statute provides

The department remains the only entity that can issue the permit and the certificate of occupancy. It runs the registration system that verifies every provider's licensure and insurance, may audit provider work at any point during a project under its published audit procedures, and enforces local ordinances, floodplain rules, site requirements, and administrative or life-safety review unrelated to building-code compliance. The role shifted from re-doing a licensed professional's technical work to administering, verifying, and auditing it. That is a different job, not a smaller safeguard.

“Private providers rubber-stamp their clients' work.”

Often heard from building officials

What the statute provides

A provider who passes non-compliant work is betting their license, their insurance rates, and their firm on it, for a fee that is a fraction of the exposure. The statute holds provider work to the same Florida Building Code the department enforces, subjects it to audit, and gives officials a documented path to challenge incorrect submissions. Florida's two decades of program history sit alongside state licensing board discipline for providers who do not follow the established regulations; the incentive structure punishes rubber-stamping more directly than a county paycheck ever could.

“Building departments can still slow-walk projects that use a private provider.”

Often heard from private providers and contractors

What the statute provides

The statute now closes the common slow-walk avenues one by one. Completeness review has hard clocks (10 days, or 5 business days for single-trade residential) with the building department's review deemed approved when they lapse, even if other departments have not finished their reviews; those approvals are still needed before the permit is issued. Officials may not re-review provider-approved technical content, may not demand service agreements, may not charge punitive administrative fees, may not restrict virtual inspections, and may not inspect behind a provider without knowledge that required inspections were not performed and prior written notice. Providers who keep records of submission dates can show when each statutory deadline started and ended.

“Using a private provider means paying twice for the same service.”

Often heard from owners weighing the option

What the statute provides

The owner or contractor pays the provider directly, but you no longer pay the jurisdiction for work it is not performing. Permit fees must reflect the department's actual costs, plan review and inspection fees may not be charged for services the provider performs (administrative fees may still apply), and on commercial projects the permit fee must drop by at least 25 percent when the provider performs plan review or inspections, and at least 50 percent when it performs both. The question is not whether you pay twice; it is whether the provider's fee buys enough schedule certainty to justify the net difference.

“Virtual inspections are a gray area that departments can refuse.”

A holdover from pre-2026 practice

What the statute provides

Not anymore. HB 803 expressly prohibits local governments from banning or limiting private providers' use of virtual inspections. Where the Florida Building Code allows a virtual inspection, the choice of method belongs to the provider performing it.

“The building official must accept whatever a provider submits, even obviously bad work.”

A concern raised by building officials

What the statute provides

No. Officials may reject incomplete documents within the statutory windows, enforce every local requirement outside the building code, refuse a certificate when required documents are missing, audit the provider's work, inspect behind the provider when they know required inspections were not performed, and refer providers to their licensing boards. What officials may not do is re-review the building-code content of plans a licensed provider has already approved. The statute channels disagreement into documented, time-bound processes instead of counter-level vetoes.

Where Friction May Continue

An honest look at the questions HB 803 leaves for practice to settle.

Registration rollout will vary

Every jurisdiction must operate a registration system, but the statute leaves room in how systems are built. Expect uneven portals and processes through the first year; confirm each jurisdiction's procedure before filing.

“Knowledge” will be tested

A building official may inspect behind a provider only with knowledge that the provider did not perform the required inspections. How jurisdictions document that knowledge, and how disputes over it resolve, will shape practice in the statute's first years.

Fee schedules are being rewritten

The 25 and 50 percent commercial reductions and the actual-cost rule require most jurisdictions to restructure fee schedules. Watch for interim schedules and ask for the reduction in writing on active permits.

Primary Sources

New to the program? Start with the overview or the plain-language statute guide.

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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