Statutory Definitions Under Florida Statute 553.791 – Definition of “Private Provider” FS 553.791(1)(n)
Under Florida Statute 553.791(1)(n), a private provider is a person licensed or certified under Florida law who is authorized to perform building code plan review services or inspection services that are otherwise performed by the local building official.
The statute limits this definition to specific licensed or certified individuals. A private provider may be:
-A Building Code Administrator, certified under Part XII of Chapter 468, Florida Statutes
-A Professional Engineer, licensed under Chapter 471, Florida Statutes
-A Registered Architect, licensed under Chapter 481, Florida Statutes
For certain limited residential additions and alterations, the statute also allows a person holding a standard certificate under Part XII of Chapter 468, as provided in FS 553.791.
Private provider authority flows from individual licensure or certification, not from employment status or a company name.
Under Florida Statute 553.791(1)(o), a private provider firm is a business organization that offers private provider services to the public through qualifying licensees who act as the firm’s agents, employees, officers, or partners.
Key clarifications:
A private provider firm does not hold plan review or inspection authority on its own. All statutory authority and accountability remain with the individual private provider. Reports, affidavits, and certifications must identify the licensed individual performing the work.
The firm is the delivery vehicle. The individual licensee is the authority recognized by statute.
What Are Private Providers and Who Can Act as One?
Florida Statute 553.791 gives contractors a legal mechanism to accelerate permitting by allowing qualified professionals to perform plan review and inspections as private providers.
The statute is precise.
Who qualifies, how they qualify, and how they may operate are all defined in detail. Misstating those definitions is one of the fastest ways to lose credibility with building officials or create compliance issues.
This article explains:
What a private provider is under FS 553.791
What a private provider firm is
Who is authorized to act as a private provider
How authority differs by license and function
FS 553.791 distinguishes authority by function, not just by title.
There are two functional categories:
Plan Review Private Providers: An engineer licensed under Chapter 471, an architect licensed under Chapter 481, a Building Code Administrator licensed under chapter 468 and a person holding a standard certificate as a Plan Examiner under part XII of Chapter 468. It’s worth noting that the latter is trade-specific. All categories of plan examiners are listed in FS 468.603(8)
Inspection Private Providers: An engineer licensed under Chapter 471, an architect licensed under Chapter 481, a Building Code Administrator licensed under chapter 468 and a person holding a standard certificate as a Building Inspector under part XII of Chapter 468. It’s valid to note the latter it’s trade specific. All categories of inspector are listed in FS 468.603(5).
No.
FS 553.791 allows private providers to perform specific technical functions, but:
The local building official remains the authority having jurisdiction
Permits and certificates of occupancy are still issued by the city or county.
Administrative authority is not privatized.
Although Private Providers cannot replace the cities, they can significantly shorten the time it takes to obtain a permit and complete inspections.
- “Private provider” is defined in FS 553.791(1)(n)
- “Private provider firm” is defined in FS 553.791(1)(o)
- Authority flows from individual licensure, not firms
- Building Code Administrators have broad authority under FS 468.604
- FS 553.791 allows that authority to be exercised privately
- Proper provider selection prevents delays and rejections
When used correctly, FS 553.791 is not a loophole. It is a strategic tool built into Florida law.
