Florida Statute 553.791 Explained (2026 Update)

This article summarizes Florida Statutes §553.791 as amended through 2026 (Chapter 2026-63, effective July 1, 2026). It is general information, not legal advice. Every project is different. Talk to our team about yours.

Florida Statutes §553.791, titled “Alternative plans review and inspection,” is the law that creates Florida’s private provider system. It was most recently amended by Chapter 2026-63 (HB 803), effective July 1, 2026. Here is what the current statute says, in plain English.

1. You can choose a private provider at any time

Notwithstanding any local ordinance or policy, a fee owner, or the owner’s contractor with the owner’s explicit written authorization, may choose at any time to use a private provider for plan review, inspections, or both, and pay the provider directly. A copy of the owner’s authorization goes to the building official. The jurisdiction may not require a copy of your contract with the private provider as part of the permit application. If you use a private provider for plan review, the building official may, under adopted policy, require you to also use one for inspections.

2. What the private provider covers

“Applicable codes” means the Florida Building Code and local technical amendments. It specifically does not include the fire prevention and firesafety codes adopted under Chapter 633. Building code inspection services include plan review, site plan and site-work engineering plan review, and the required inspections of each phase of construction, conducted in person or virtually.

3. Registration and insurance

Each local enforcement agency must keep an electronic registration system for private providers and may not charge a fee to register. Providers must register before contracting in a jurisdiction and update their registration within 5 business days of any change. Private providers must carry professional liability insurance of at least:

• $1 million per occurrence / $2 million aggregate for projects with a construction cost of $5 million or less
• $2 million per occurrence / $4 million aggregate for projects over $5 million

Jurisdictions may not require additional forms, or additional licensure or insurance verification, beyond what is required at registration, except for the Notice to Building Official.

4. The Notice to Building Official

The owner or contractor must notify the building official in writing, on the Florida Building Commission’s form, at the time of permit application or by 2 p.m. local time 2 business days before the first scheduled inspection. The local agency may not alter the form. Read more in What Is a Notice to Building Official (NTBO)?

5. Plan review and permit deadlines

• After review, the private provider signs an affidavit that the plans comply with the applicable codes. Affidavits may be signed and submitted electronically.
• The building official may not re-review plans the private provider found compliant, except for local ordinances, floodplain management, site review, and other administrative or life safety review unrelated to building code compliance.
• The building official must give written notice of any incomplete forms or documents within 10 business days of receiving the permit application, or 5 business days for a single-trade plan review on a single-family or two-family dwelling. If no notice is given in time, the permit is deemed approved as a matter of law and must be issued the next business day.
• After you resubmit, the official has the rest of the original period plus 5 business days to issue the permit or send a second notice, limited to issues raised in the first notice. Later resubmittals get 5 business days each.
• When the private provider is a licensed engineer or architect who seals the affidavit, the official must issue the permit or identify specific non-compliant plan features, with code sections, within 10 business days, or the permit is deemed approved.

6. Inspections

• The private provider inspects each phase of construction required by the code, in person or virtually. The building official may not prohibit inspections outside normal hours, including evenings, weekends and holidays.
• Inspection records are posted (physically or electronically) and provided to the building official within 4 business days.
• Emergency equipment replacements and repairs can be inspected without prior notice; the inspection happens within 3 business days and the report is filed within 1 day after.

7. Certificate of compliance and certificate of occupancy

When all inspections are complete, the private provider firm issues a sworn certificate of compliance. The building official must then issue the certificate of occupancy or completion, or note incomplete documents, within 10 business days, or 2 business days for single-family and two-family dwellings. If no notice is given, the request is automatically granted.

8. Audits, stop-work orders and disputes

• Jurisdictions must publish written audit procedures before auditing private providers. The same provider may not be audited more than 4 times per year (absent an immediate threat to public safety), and must get 5 business days’ notice of each audit. Work may proceed after the private provider approves it and may not be delayed by an audit.
• The building official may deny a permit or certificate for code non-compliance, or issue a stop-work order for an immediate threat to public safety. They must be available to meet the private provider within 2 business days, with appeals to the local board of appeals and then the Florida Building Commission.

9. Permit fee reductions

Jurisdictions must reduce permit fees by the cost savings of the services they don’t perform, may not charge for plan review or inspections the private provider performs, and may not charge punitive administrative fees. Commercial projects get statutory minimum reductions. See permit fee reductions.

10. Local governments can’t discourage private providers

Local governments may not adopt rules or policies more stringent than §553.791, and may not prohibit or discourage the use of a private provider.

Talk to a licensed private provider

Florida Private Providers offers 3-day plan review, same-day inspections where available, and service in all 67 Florida counties. Start your project or call (941) 210-1420.