Florida AG Opinion: No Duplicate Inspections and No Private Provider Admin Fees Under 553.791
Key Takeaways
- The July 16, 2026 Florida Attorney General opinion is the strongest official state interpretation to date of private provider rights under s. 553.791 as amended by HB 803.
- Building departments may not require inspections or site visits that replicate a private provider's inspections as a condition of closing out a permit.
- Departments may not enforce anything more stringent than the statute; the opinion specifically names excess fees and extra inspections as prohibited examples.
- Private provider administrative fees are gone as of July 1, 2026. Any such fee charged on or after that date is a punitive administrative fee with no statutory authorization.
- Jurisdictions may charge a permit fee only, reduced by their actual cost savings.
- Fees collected beyond what the statute allows must be refunded to whoever paid them.
- FCC is hosting a public copy at /resources/fl-ago-opinion-553-791.pdf for campaigns and contractor citation.
What did the Florida Attorney General's opinion say about private provider rights under s. 553.791?
On July 16, 2026, the Florida Attorney General's Opinions Division held that building departments may not require inspections that replicate a private provider's inspections as a condition of permit closeout, may not enforce requirements more stringent than s. 553.791 (including excess fees and extra inspections), may not charge private provider administrative fees on or after July 1, 2026, and must refund fees collected beyond what the statute allows.
On July 16, 2026, the Florida Attorney General's office issued a formal legal opinion holding that building departments cannot require duplicate inspections of private provider work, cannot charge private provider administrative fees, and must refund any unauthorized fees already collected. Written by Deputy Attorney General Greg Slemp of the Opinions Division in response to a formal legislative request from Representative Chip LaMarca, the opinion interprets Florida Statute 553.791 as amended by HB 803, which took effect July 1, 2026. This is the strongest official state legal interpretation of private provider rights to date. Download the full opinion (PDF).
Freedom Code Compliance is hosting a public copy of the opinion at a stable URL while it awaits posting on myfloridalegal.com.
What Is a Florida AG Opinion and Why Does It Matter?
An Attorney General opinion is an official legal interpretation of Florida law issued by the AG's office in response to a formal request from a legislator or government official. It is not a court judgment — but it carries significant legal weight. It is the State of Florida's formal position on how a statute must be read and enforced, and courts routinely give it deference.
For Florida contractors and property owners dealing with building departments that have pushed back against private providers, this Florida Attorney General opinion on private provider rights gives you something concrete to cite when a department demands something not found in s. 553.791.
The Four Holdings in Plain English
1. No Building Department Duplicate Inspections of Private Provider Work
The AG's office held that building departments may not require inspections or site visits that replicate a private provider's inspections as a condition of closing out a permit.
That directly targets one of the most common friction points on private-provider jobs: a department insisting on its own reinspection before closeout after the private provider has already completed and transmitted the required inspections under s. 553.791. Under this opinion, that kind of building department duplicate inspections private provider demand is not a lawful closeout condition.
2. Departments May Not Enforce Anything More Stringent Than the Statute
Under s. 553.791(19)(a), local enforcement cannot go beyond what the statute allows. The opinion specifically names charging excess fees and requiring extra inspections as prohibited examples.
If a building department is imposing a private-provider requirement that is not in s. 553.791, this opinion is the citation to put in front of them.
3. Private Provider Admin Fees Are Gone as of July 1, 2026
Administrative fees are gone as of July 1, 2026. Any private provider administrative fee charged on or after that date is a "punitive administrative fee" with no statutory authorization. In plain English: a 553.791 admin fee charged after the effective date is not a lawful add-on.
Counties and municipalities may charge a permit fee only, reduced by their actual cost savings. For the commercial fee-reduction framework under HB 803 and F.S. 553.791(2)(d), see our companion guide: HB 803 Florida Contractors Guide: What the Law Means for Private Provider Jobs.
4. Unauthorized Fees Must Be Refunded
Fees collected beyond what the statute allows must be refunded to whoever paid them. That gives contractors and owners a clear basis for a private provider administrative fee refund request when a department collected more than the statute authorizes on or after July 1, 2026.
What This Means for Contractors and Owners
- Closeout friction: If a department demands its own reinspection of work a private provider already inspected and transmitted before it will close the permit, that demand conflicts with this opinion.
- Fee disputes: Any separate private provider admin fee dated July 1, 2026 or later has no statutory authorization under this reading of the law.
- Refunds: Unauthorized amounts should be refunded to the payer. Keep the receipt, permit number, and a copy of the opinion with your request.
- Local add-ons: Extra inspections or excess fees that go beyond s. 553.791 are the exact examples the opinion calls out as prohibited.
What this does not change: Contractors still handle permit applications, Notices to Building Official (NTBOs), and jurisdiction paperwork. The private provider handles qualifying plan review and inspections. This opinion addresses what building departments may require and charge when a private provider is used — not who files the permit package.
How to Request a Private Provider Administrative Fee Refund
If a building department charged a private provider administrative fee on or after July 1, 2026, submit a written request to the department citing:
- Florida Statute 553.791 as amended by HB 803 (effective July 1, 2026)
- Florida Attorney General opinion dated July 16, 2026 — Deputy Attorney General Greg Slemp, Opinions Division, issued to Representative Chip LaMarca
- The amount charged, payment date, payer name, and permit number
- A link or attachment to the hosted opinion: /resources/fl-ago-opinion-553-791.pdf
This is not legal advice. If the department refuses, talk to your attorney. The point of hosting the opinion publicly is so contractors and owners can cite the same official document in every jurisdiction.
Download the Full Florida AG Opinion
Download the Florida AG opinion on s. 553.791 (PDF) — issued July 16, 2026 by Deputy Attorney General Greg Slemp, Opinions Division, Florida Office of the Attorney General, in response to Representative Chip LaMarca. It interprets Florida Statute 553.791 as amended by HB 803 (effective July 1, 2026).
Related reading: HB 803 Florida Contractors Guide.
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Frequently Asked Questions
What did the Florida Attorney General's opinion say about private provider administrative fees?
The July 16, 2026 Florida AG opinion interpreting s. 553.791 as amended by HB 803 holds that private provider administrative fees are gone as of July 1, 2026. Any PP admin fee charged on or after that date is a punitive administrative fee with no statutory authorization. Jurisdictions may charge a permit fee only, reduced by their actual cost savings.
Can a building department require duplicate inspections when I use a private provider in Florida?
No. The Florida AG opinion holds that building departments may not require inspections or site visits that replicate a private provider's inspections as a condition of closing out a permit. That is the core answer to building department duplicate inspections private provider disputes.
Is a Florida Attorney General opinion legally binding?
A Florida AG opinion is an official legal interpretation issued by the state's Opinions Division in response to a formal request — here, from Representative Chip LaMarca. It is not a court judgment, but it is the State of Florida's formal position on how the statute should be read and carries significant weight. It is the strongest official citation short of a court order.
Can I get a private provider administrative fee refund if I was charged after July 1, 2026?
The opinion holds that fees collected beyond what the statute allows must be refunded to whoever paid them. If you paid a private provider administrative fee on or after July 1, 2026, submit a written refund request citing the July 16, 2026 Florida AG opinion on s. 553.791 and attach the hosted PDF. This is not legal advice; consult counsel if the department refuses.
Where can I read the full Florida AG opinion on s. 553.791?
Freedom Code Compliance hosts a public copy at /resources/fl-ago-opinion-553-791.pdf. The opinion was issued July 16, 2026 by Deputy Attorney General Greg Slemp, Opinions Division, to Representative Chip LaMarca, and interprets Florida Statute 553.791 as amended by HB 803.
Is a 553.791 admin fee illegal after July 1, 2026?
Under the AG opinion's reading of s. 553.791 as amended by HB 803, any private provider administrative fee charged on or after July 1, 2026 is a punitive administrative fee with no statutory authorization. That is why contractors searching whether a 553.791 admin fee is illegal after the effective date should cite this opinion and the statute together.
