To refute the notion that a building department can deny a fee owner the choice of selecting a private provider for plan review, as mentioned in Florida Statute 553.791, it's important to clarify the legislative intent and the specific language used in the statute.

"Florida Statute 553.791 allows a fee owner of a property the option to use a private provider for building plans, plan reviews, and inspections. The use of the word "may" in this context applies to the fee owner's right to choose this option, not to the building department's discretion to permit or deny the use of private providers. The statute was designed to give property owners more flexibility and control over the permitting process and elevate the inevitable stressors building municipalities are experiencing from building professional staff shortages, thereby facilitating faster and potentially more cost-effective construction processes.

The confusion might stem from misinterpreting the word "may" as granting discretion to the building departments. However, legal precedent and the broader context of the statute suggest that the "may" indeed empowers the property owner, not the regulatory authority. The building department is required to accept these privately provided reviews and inspections provided they comply with the applicable codes and standards. They do not have the discretionary power to refuse the use of authorized private providers as long as the statutory requirements are met.

Thus, the intent of Florida Statute 553.791 is clear in providing fee owners the option to choose private plan review and inspection services without being subject to refusal from building departments, as long as all legal and regulatory standards are adhered to.