When Does the Review Clock Actually Start?
What cities often do? Cities delay the start of statutory timelines by:
- Treating applications as “incomplete” indefinitely
- Continuing to request items without issuing a formal completeness determination
- Claiming the clock does not start until internal routing is finished
What the statute says
Florida Statute 553.792(1)(c) controls when the clock starts.
The statute gives local governments 5 business days after receiving an application to determine whether it is complete and to notify the applicant of any missing information.
If the city fails to provide written notice within those 5 business days, the application is deemed complete by operation of law, and the applicable review timeline begins.
This applies regardless of whether the review timeline is:
- 30 or 60 days under FS 553.792(1)(a), or
- 20, 10, or 5 days under FS 553.791 when a Private Provider is used.
What contractors should know
Cities do not control when the clock starts.
The statute does.
It’s time to push back
Florida Statute 553.791 has been the law for a while now. It is fully enforceable, procedurally detailed, and designed to create certainty in the permitting process when Private Providers are used.
Yet in practice, many contractors encounter inconsistent municipal behavior that undermines the statute’s purpose. These inconsistencies are not random. They tend to fall into the same repeat categories across jurisdictions.
This article focuses on the six most common areas where cities diverge from the statute, what Florida law actually requires, and how contractors should understand and respond to those situations.
What cities often do
Some jurisdictions require:
- The homeowner to personally sign the NTBO
- Notarization beyond what the statute requires
- Refusal to accept contractor-authorized submissions
What the statute says
Under FS 553.791, the election to use a Private Provider may be made by:
The owner, or the owner’s authorized agent, including the contractor.
There is no statutory requirement that the homeowner personally sign the NTBO when the contractor is acting as the authorized agent. There is a requirement that the fee owner authorize the contractor in writing to hire or enter into a contract for services with a private provider, but this could already be addressed in the Construction Agreement with the fee owner.
What contractors should know
Requiring homeowner signatures beyond the statutory requirements is an added procedural burden not authorized by the statute.
What cities often do
Cities sometimes:
- Conduct a full technical re-review of plans
- Issue new technical comments after Private Provider approval
- Treat Private Provider reviews as advisory rather than authoritative
What the statute says
FS 553.791 allows Private Providers to perform plan review in lieu of the local building department, subject to administrative verification.
The local building official may:
- Verify that a Private Provider review was properly performed
- Ensure required affidavits and documentation are complete
The statute does not authorize duplicative technical plan review once a valid Private Provider review has been submitted.
What contractors should know
Administrative review is allowed. Duplicative technical review is not.
What cities often do
Some jurisdictions require:
- 24 or 48-hour advance notice before private inspections
- Pre-approval of inspection schedules
City acknowledgment before inspections can occur
What the statute says
FS 553.791 requires that inspection results be:
- Properly documented
- Submitted to the authority having jurisdiction
The statute does not require advance notice before a Private Provider performs inspections. (FS 553.7914 (9) ). Not 24 hours, not 24 minutes. There is no requirement for advance notice at all.
What contractors should know
Post-inspection reporting is required.
Advance permission is not.
What cities often do
Cities sometimes:
- Automatically reinspect jobsites
- Treat private inspections as preliminary
- Condition approval on city reinspection
What the statute says
Private Providers are authorized to perform inspections in lieu of municipal inspectors. The statute only authorizes local building officials to perform site visits to ensure inspections are being performed, which is very different than visiting the sites to perform inspections. (FS 553.791(9))
While the authority having jurisdiction retains overall enforcement authority, routine re-inspections that undermine Private Provider inspections are inconsistent with the statute’s intent.
Reinspection is not meant to be automatic or duplicative.
What contractors should know
Private inspections are not “second-class” inspections under the law.
What cities often do
Municipalities sometimes adopt:
- Local policies requiring extra steps
- Forms or procedures not found in statute
- Internal rules that delay or condition acceptance of Private Provider work
What the statute says
Local governments may not impose requirements that directly conflict with state law.
Florida Statute 553.791(17)(a) is explicit and self-executing. Local procedures must be consistent with, not more restrictive than, the statute.
What contractors should know?
Local policy does not override state statute.
The goal is not confrontation. It is statutory alignment.
Best practices:
- Cite specific statutes and subsections, not opinions
- Ask for written determinations, not verbal guidance
- Separate administrative requirements from technical re-review
- Keep communications factual and documented
Most inconsistencies resolve once the statute is clearly referenced.
Why This Matters
Florida enacted FS 553.791 to:
- Reduce permitting delays
- Increase predictability
- Allow qualified professionals to perform reviews and inspections
When cities selectively apply or reinterpret the statute, those goals are undermined.
Contractors who understand what the law actually says are in a far stronger position to keep projects moving.
FS 553.791 is not a loophole. It is not optional. And it is not subject to local reinterpretation.
Understanding where cities are inconsistent, and why, allows contractors to respond confidently, professionally, and effectively.
Read the blog about: Professional emails addressing FS 553.791 deficiencies
