Florida Private Provider Insurance: What 553.791 Actually Requires

Short answer

Florida Statute 553.791 requires private providers to carry professional liability covering all of their private provider services: $1M / $2M for projects up to $5M in construction cost, $2M / $4M above that, at least 5 years of coverage after the work if the policy is claims-made, and a carrier authorized in Florida with an A.M. Best rating of A or better. The last one is where most of the confusion is.

We work with a lot of firms doing plan review and code compliance inspections in Florida. Almost every one of them has the same problem at some point: the policy they have was written for something they don’t do.

To be super clear, a private provider is not a design firm. You review plans and inspect work against the building, mechanical, electrical and plumbing codes. You hold a license as an engineer, architect or building code administrator, but on these projects you aren’t designing the building. Your insurance should say that.

What the statute requires

The insurance section of Florida Statute 553.791 (subsection 18 in the current statutes) is short. Here’s what it says, in plain terms:

  • Professional liability covering all services you perform as a private provider. If you also do plan review, ask whether the policy covers it too.
  • $1 million per occurrence / $2 million aggregate for any project with a construction cost of $5 million or less.
  • $2 million per occurrence / $4 million aggregate for any project over $5 million. Construction cost is what’s on the building permit application.
  • 5 years of coverage after the work if you use a claims-made policy. That means no gaps at renewal, and a plan for tail coverage if you ever stop. Tail options vary by carrier.
  • An insurer authorized to do business in Florida, rated A or better by A.M. Best.
  • A certificate of insurance on file with the local building official before you provide services in that jurisdiction.

The statute also lets the owner ask for more. These are minimums.

Who can act as a private provider

The statute defines a private provider as a person licensed in Florida as a building code administrator, an engineer or an architect. Inspections and plan reviews can also be done by a private provider’s duly authorized representative: someone identified in the permit application who is a licensed engineer or architect, or who holds a standard or provisional certificate under the building code administrators and inspectors law. A representative with only a provisional certificate must work under the direct supervision of a licensed building code administrator.

That matters for insurance because the people doing the work, and how they are licensed, should match what your application and policy describe.

What the services cover, and what stays with the building official

Under the statute, building code inspection services include reviewing building plans, and site plans and site work engineering plans, for compliance with the applicable codes, and the inspections required by law for each phase of construction that needs a permit, done in person or virtually. “Applicable codes” means the Florida Building Code and local technical amendments. It does not include the fire prevention and firesafety codes adopted under Chapter 633.

The local building official keeps a role. The statute allows audits of private provider work and lets the official issue a Notice of Corrective Action for a condition that violates the code or approved plans. Your policy should cover plan review and inspection work as you actually perform it.

Permit fees when a private provider is used

When a fee owner or contractor uses a private provider, the statute requires the local jurisdiction to reduce the permit fee by the cost savings it realizes from not doing that work itself. It may not charge for the inspections the private provider performs, but it may charge a reasonable administrative fee based on its actual costs. The statute does not set a fixed percentage; the amount depends on the jurisdiction.

The “authorized insurer” problem

This part rarely gets explained. Professional liability for small design and inspection firms is often written by surplus lines (non-admitted) carriers. Florida’s insurance code defines an authorized insurer as one holding a certificate of authority from the state (F.S. 624.09), and defines an eligible surplus lines insurer as an unauthorized insurer that has been made eligible to write surplus lines coverage (F.S. 626.914).

We’ve had underwriters tell us their surplus lines or Lloyd’s policy satisfies 553.791 anyway. Maybe it does. But if a building official or an owner’s attorney reads the statute the other way, the risk sits with you, not the carrier.

So we do two things:

  • Ask the underwriter to confirm in writing that the policy meets the insurance requirements of 553.791.
  • Quote an admitted carrier alongside it, so you have a clean option if the answer isn’t clean.

Why private providers end up with the wrong policy

The application is usually the cause. An engineering application asks about design, structural, geotechnical and construction management. If you answer it like a design firm, the underwriter prices and words the policy like one.

The details underwriters actually want from a private provider:

  • Plan review vs. inspections, and in-person vs. virtual.
  • Residential vs. commercial, and the largest construction cost you take on.
  • How much of your review touches structural sheets. A quick audit of your recent projects, showing what share of plan sheets are structural, gives underwriters something concrete instead of a guess.
  • What you don’t do: structural design, threshold inspections, geotechnical work, materials testing, construction management.

Put that in writing up front. It can save a lot of back and forth, and it helps keep the policy wording matched to the work.

Why it helps to work with an agent who knows this work

A private provider firm recently came to us with a policy written around engineering design. The firm does code compliance plan review and inspections. Its underwriters had questions about how much structural review it does, whether condo work was allowed, and whether a surplus lines policy met the authorized insurer requirement. The policy had simply been set up for a different kind of work than the firm does.

An agent who works with private providers should be able to:

  • Describe plan review and inspection services accurately on the application, instead of answering a design firm’s questions.
  • Match the limits to the largest construction cost you take on, and to any higher limits an owner requires.
  • Tell you whether a quoted insurer is admitted or surplus lines, and get the underwriter’s position on 553.791 in writing.
  • Read the endorsements for condo, inspection and specialty-service exclusions before you bind.
  • Keep claims-made coverage continuous and plan for the 5 years after the work.

Whoever your agent is, those are the questions to ask. Coverage is always decided by the policy as issued.

Watch the exclusions

Two come up a lot with private providers:

  • Condominiums. Some carriers exclude condominium work entirely. If you do single-unit interior renovations in condo buildings, ask whether that counts. Get the answer in writing. See how condo exclusions work.
  • Specialty services. Admitted carriers often list services they won’t cover (asbestos, site safety consulting, CM at risk, materials testing, geotechnical and more). If you don’t do them, confirm it in writing so it doesn’t become a question later.

Before you send a certificate to a building official

  • Limits match the largest project you’ll inspect.
  • The policy describes private provider services, not engineering design.
  • You know whether the carrier is admitted or surplus lines, and you have something in writing either way.
  • If it’s claims-made, you know your retro date and your plan for 5 years after.

If any of those is a maybe, send us the policy and the requirements. We’ll tell you what we see.

Sources

Statutes checked against the Florida Senate’s official text in October 2026.

Related: Code consultants and plan reviewers · Special inspection firms · How claims-made coverage works · Admitted vs non-admitted carriers

For your firm

Doing Private Provider Work in Florida?

Tell us about your firm and the inspection work you do. A specialist checks how it reads to an underwriter.

Frequently asked

Florida Private Provider Insurance: Common Questions

Who can be a private provider in Florida?

Under F.S. 553.791, a person licensed as a building code administrator, an engineer or an architect. A private provider's duly authorized representative can be a licensed engineer or architect or hold a standard or provisional certificate, and a representative with only a provisional certificate must work under the direct supervision of a licensed building code administrator.

Do permit fees go down when a private provider is used?

The statute requires the local jurisdiction to reduce the permit fee by the cost savings it realizes and not to charge for the inspections the private provider performs, though it may charge a reasonable administrative fee. The statute does not set a fixed percentage.

What insurance does a Florida private provider need?

Professional liability covering all private provider services. F.S. 553.791 sets minimums of $1 million per occurrence and $2 million aggregate for projects with a construction cost of $5 million or less, and $2 million per occurrence and $4 million aggregate for projects over $5 million. You file a certificate of insurance with the local building official before you start.

How is construction cost measured for the $5 million threshold?

The statute uses the total cost of building construction as stated on the building permit application. If you take any project over $5 million, plan on carrying the $2 million / $4 million limits.

Do I need tail coverage as a private provider?

If your policy is claims-made, the statute says you must maintain coverage for at least 5 years after you perform the inspection services. In practice that means renewing without a gap, and planning for tail coverage if you stop. Tail options and lengths vary by carrier, so ask before you need one.

Can a surplus lines or Lloyd's policy meet the requirement?

That is the open question. The statute says the insurance must be written only by insurers authorized to do business in Florida with an A.M. Best rating of A or better. Surplus lines carriers are generally treated differently from admitted, authorized carriers under Florida law. Some underwriters take the position their policy qualifies. Get it in writing, and ask your building officials what they accept.

Is a private provider the same as an engineer for insurance purposes?

No, and treating it that way is the most common mistake. Plan review and code compliance inspections are a different exposure from engineering design. If the application reads like a design firm, you can end up priced, excluded or worded for work you do not do.

General information, not legal advice or a statement of coverage. Read the current statute and confirm requirements with the building official and your attorney. Coverage depends on the policy as issued.

Talk to a specialist

Private Provider in Florida? Send Us Your Policy.

We check the limits, the carrier, the tail and how your work is described against 553.791 before a building official does.