New Flood Disclosure Requirements in Florida
The governor signed an expanded residential flood disclosure bill in June. This new bill becomes effective October 1, 2025.
TALLAHASSEE, Fla. — Last year, Florida implemented residential flood disclosure requirements. Florida Statute 689.302 currently requires disclosure of flood risks to prospective purchasers. The current statute requires sellers to disclose if they have filed a claim with insurance relating to flood damage on the property and if they have received federal assistance for flood damage relating to the property.
Starting October 1, there will be more robust requirements for flood disclosures. In addition to the above disclosures, residential sellers must now also disclose if they are aware of damage to the property caused by flooding during their ownership.
Developer requirements have also been expanded to include disclosures to a prospective buyer or tenant of a residential condo. The developer must disclose: if they are aware of damage caused by flooding to the property during the time the developer owned the property, whether the developer has filed an insurance claim relating to flood damage and whether they have received assistance for flood damage.
Another big change in this bill is the addition of language creating the obligation for a residential landlord to make flood disclosures to prospective tenants. If the landlord fails to truthfully disclose this information and the tenant suffers a substantial loss or damage to their personal property, then the tenant may terminate the rental agreement within a specified amount of time. If the tenant terminates properly, the landlord will be required to refund all amounts paid in advance by the tenant. However, if a tenant ends the lease due to the landlord’s failure to disclose flood information, the tenant is still responsible for any rent or fees owed before the termination date.
Sellers, landlords or developers who have questions about these requirements should consult with their own attorney.
Keep an eye out for an updated Flood Disclosure form on October 1.
Maria Marchante is Associate General Counsel
Note: Information deemed accurate on date of publication
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