When most people think about getting a building permit in Florida, they picture submitting plans to the local building department and waiting. But Florida law has offered an alternative since 2002: the private provider system. Under Chapter 553, Part XII, Florida Statutes, a licensed Florida engineer or architect can perform the building code plans review and inspections that would otherwise be done by the local building department. This article explains how the system works, who uses it, what it costs, and what changed under HB 803 in 2026.
What Is a Private Provider?
A private provider is a Florida-licensed professional engineer or architect — or a firm employing one — who is authorized under Florida Statutes §553.791 to perform building code plans review and/or inspections on behalf of the fee owner of a project. The private provider steps into the role that the local building official would otherwise fill for the technical review portion of the permitting process. The local building department still issues the permit; the private provider simply performs the code compliance review and certifies that the plans and/or construction meet the Florida Building Code.
How Does Private Provider Plan Review Work?
The process begins when the fee owner (the property owner) or their contractor elects to use a private provider. The owner must notify the local building department of the election and provide the name and license information of the private provider. The private provider then reviews the construction documents for compliance with the Florida Building Code and any applicable local amendments. Upon completing the review, the private provider submits a signed and sealed affidavit to the local building department certifying that the plans comply with the code. The building department then issues the permit — it does not re-review the plans for code compliance, though it retains the right to perform random audits.
Private Provider Inspections
In addition to plans review, a private provider can also perform the required construction inspections — the milestone and progress inspections that would otherwise be conducted by the local building inspector. After each required inspection, the private provider submits a signed affidavit to the local building department certifying that the work was inspected and complies with the approved plans and the Florida Building Code. The local building official retains the right to visit the site to verify that required inspections are being performed, but may not require the private provider to re-perform inspections without documented cause.
Who Qualifies as a Private Provider?
To serve as a private provider in Florida, an individual must hold a current, active license as a professional engineer or architect under Chapter 471 or Chapter 481, Florida Statutes, and must carry errors and omissions insurance of at least $1 million per occurrence. Private provider firms must employ at least one qualifying individual and must also carry the required insurance. Private providers must register with each local enforcement agency in which they intend to work before contracting to provide services in that jurisdiction.
When Do Owners and Contractors Use Private Providers?
Private provider review is most commonly used on projects where speed is critical and the local building department has a history of slow turnaround times. In counties like Miami-Dade and Broward, where building department backlogs can stretch permit review timelines to months, private provider review can compress that timeline to days or weeks. Developers of commercial projects, large residential communities, and time-sensitive renovations are the most frequent users. Owners of single-family homes in areas with slow building departments also use private providers, particularly when a project is tied to a sale, insurance claim, or lease deadline.
What Are the Costs?
The fee owner pays the private provider directly for plans review and inspection services. Private provider fees vary by project size and complexity, but for a typical single-family residential project, plans review fees generally range from $1,500 to $5,000. Inspection fees are charged per visit or as a flat project fee. Under HB 803 (effective July 1, 2026), using a private provider for plans review entitles the owner to a mandatory 25% reduction in local permit fees; using a private provider for both plans review and inspections entitles the owner to a 50% reduction. On large commercial projects where permit fees can run tens of thousands of dollars, this reduction can offset a significant portion of the private provider cost.
Private Provider vs. Building Department Review: Key Differences
- Timeline: Private provider review is typically faster — days to weeks vs. weeks to months at a busy building department.
- Cost: Owner pays the private provider directly, but receives a 25–50% reduction in local permit fees under HB 803.
- Who performs the review: A private provider is a licensed PE or architect; building department plan reviewers hold a state certification but are not required to be licensed engineers or architects.
- Deemed approval: Under HB 803, if the building department fails to act within 20 business days of receiving a private provider affidavit, the permit is deemed approved by law.
- Inspections: Private providers can perform inspections after hours, on weekends, and virtually — building department inspectors generally cannot.
- Local control: The building department still issues the permit and retains audit rights; it does not lose jurisdiction over the project.
What Changed Under HB 803 (2026)?
Florida HB 803, signed by Governor DeSantis on May 7, 2026 and effective July 1, 2026, made several significant changes to the private provider system. The most impactful are: (1) mandatory permit fee reductions of 25–50% when a private provider is used; (2) a deemed-approval mechanism — if the building department fails to act within 20 business days of receiving a private provider plans review affidavit (5 business days for single-trade single-family/two-family reviews), the permit is approved by operation of law; (3) explicit prohibition on local building officials banning virtual inspections by private providers; (4) prohibition on local enforcement agencies discouraging the use of private providers or failing private provider inspections without documented cause; and (5) a requirement that local agencies create electronic registration systems for private providers at no charge.
Limitations of the Private Provider System
Private provider review is not available for every project type. Certain project categories may require review by the local building department regardless of the owner's election. Additionally, the private provider system does not eliminate the need for a building permit — it only changes who performs the technical code review. The local building department still issues the permit, collects applicable fees (reduced under HB 803), and retains the right to audit private provider work. Owners should also be aware that using a private provider does not eliminate the need for other approvals — zoning, environmental, fire marshal, and utility reviews still proceed through the applicable agencies.
How to Find a Qualified Private Provider in Florida
Private providers must be licensed professional engineers or architects in Florida. You can verify a provider's license status through the Florida Department of Business and Professional Regulation (DBPR) license search at myfloridalicense.com. When evaluating a private provider, ask for their certificate of insurance, confirm they are registered with the relevant local enforcement agency, and request references from similar project types. The Florida Building Commission maintains guidance on private provider requirements at floridabuilding.org.
Frequently Asked Questions
Does the building department still issue the permit when I use a private provider?
Yes. The local building department always issues the permit. The private provider performs the technical code compliance review and submits a signed affidavit certifying compliance — the building department then issues the permit without re-reviewing the plans for code compliance. The building department retains audit rights and may still inspect the site.
Can I use a private provider for any project in Florida?
Private provider review is available for most project types under Florida Statutes §553.791, but certain project categories may be excluded. Check with the local building department and confirm with your private provider before electing to use the system.
How much faster is private provider review compared to the building department?
It depends on the county and project type. In high-volume counties like Miami-Dade and Broward, building department plan review can take 60–120 days or more for complex commercial projects. Private provider review for the same project can often be completed in 5–15 business days. Under HB 803, the building department has 20 business days to act after receiving a private provider affidavit before the permit is deemed approved.
Does using a private provider save money overall?
It can. Under HB 803 (effective July 1, 2026), using a private provider for plans review reduces local permit fees by at least 25%; using one for both plans review and inspections reduces fees by at least 50%. On large projects with high permit fees, this reduction can offset the private provider's fee. On smaller projects, the time savings may be the primary benefit rather than direct cost savings.
What is the difference between a private provider and a third-party inspector?
In Florida, the term 'private provider' has a specific legal meaning under §553.791 — it refers to a licensed PE or architect who performs plans review and/or inspections under the statutory framework, with all the rights and obligations that entails (affidavit requirements, fee reductions, deemed-approval timelines). A 'third-party inspector' is a more general term that may or may not refer to a statutory private provider. When evaluating services, confirm whether the provider is operating under the §553.791 framework.
Can a private provider perform virtual inspections?
Yes. Under HB 803 (effective July 1, 2026), local building officials are explicitly prohibited from banning virtual inspections by private providers. Private providers may also perform inspections outside normal business hours, including evenings, weekends, and holidays.