Gulf County has now responded to Red Tape Florida’s reporting on its illegal $500 “planning review fee” for builders who use private inspectors. The response, signed by County Planner Doug Crane, is exactly what you’d expect from a government caught in the act: a lot of bluster, a little jargon, and not one sentence that makes the fee legal.
Crane’s letter lists a dozen things the county does to “safeguard health, safety and welfare” — confirming ownership, verifying setbacks, checking FEMA zones, and so on — as if this were some special service for those using private providers. The problem? The county does every one of those things already for builders who don’t use private providers. And it doesn’t charge them $500!
That’s not a “planning review.” That’s a selective surcharge, and Florida law couldn’t be clearer about it.
Under Florida Statute §553.791(2)(a):
“The local jurisdiction may not charge fees for building inspections if the fee owner or contractor hires a private provider … however, the local jurisdiction may charge a reasonable administrative fee, which shall be based on the cost that is actually incurred … for the clerical and supervisory assistance required.”
Translation: the only fee a county can impose when a private provider is used must reflect actual clerical or supervisory cost — not a made-up round number like $500 that conveniently lands in the general fund.
Then there’s §553.791(17)(a):
“A local enforcement agency, local building official, or local government may not adopt or enforce any laws, rules, procedures, policies, qualifications, or standards more stringent than those prescribed by this section.”
Gulf County’s letter literally admits it’s doing exactly that — layering its own checklist and charging an extra fee that doesn’t apply to anyone else. That’s the definition of “more stringent.”
Crane tries to justify the toll by saying it covers “staff time, documentation verification, and on-site evaluations.” Yet §553.791 says those evaluations are already part of the building process. The private provider handles inspections; the local government’s role is administrative oversight — not duplication for profit.
And remember, Gulf County is so brazen about what it’s doing it wrote it right into its code:
Let’s call this what it is: a toll for exercising a right the Legislature gave you. A $500 penalty for using a system designed to make housing more affordable and efficient. A county government that sees a reform meant to cut red tape — and adds its own roll of tape right on top.
Representative Jason Shoaf is already watching. His exclusive statement to RTF last week made that clear:
“I’m calling on all political subdivisions of the state to immediately suspend this practice and start following Florida law.”
The Legislature built a fast lane. Gulf County built a toll booth. And no matter how many bullet points the planner adds, §553.791 says what it says — and Gulf County is wrong.