Florida’s New Flood Disclosure Law: What Developers, Sellers, and Landlords Need to Know

Florida has become the latest state to adopt flood disclosure laws, joining a growing national movement to protect prospective homebuyers and renters from the devastating financial impacts of the country’s costliest natural disaster. According to the Natural Resources Defense Council (NRDC), the number of states requiring flood disclosures has steadily increased since 2017, but the laws vary widely by state and nearly a third of states have no disclosure requirements for property sales.

Overview

Florida’s Senate Bill 948 (SB 948 (2025)), codified as Chapter 2025-166, Laws of Florida and Florida Statutes Sections 83.512 and 689.302, mandates that condo developers, landlords, mobile home park owners, and residential property sellers provide clear, written flood disclosures before leases or sales close. The law aims to ensure transparency about flood risks and past flooding events, protecting buyers and tenants from unexpected losses, and represents a significant step toward transparency in Florida real estate transactions.

Landlord Requirements

Applicability: Residential leases of 1 year or longer.

Disclosure Form: Must be a separate document, not part of the lease.

Information to Disclose:

• Whether the landlord has knowledge of any flooding that damaged the dwelling during their ownership.
• Whether the landlord has filed any insurance claims for flood damage, including through the National Flood Insurance Program (NFIP).
• Whether the landlord has received federal assistance for flood damage, such as FEMA aid.

Tenant Protections: If a landlord fails to disclose, and flooding causes substantial loss (50% or more of personal property value), the tenant may terminate the lease within 30 days and receive a refund for prepaid rent, while remaining responsible for rent owed prior to termination.

Seller and Developer Requirements

Sellers: Must provide a written flood disclosure at or before contract signing, confirming knowledge of past flooding, prior flood-related insurance claims, or federal assistance.

Condo/Co-op Developers: Must disclose flood history for both individual units and common areas. Buyers retain a 15-day cancellation right if disclosures are missing or misleading.

Purpose: Ensures buyers are aware that standard homeowners’ insurance does not cover flood damage, encouraging consideration of separate flood insurance.

Definition of Flooding

The law defines flooding broadly to include:

• Overflow of inland or tidal waters.
• Rapid accumulation of runoff or surface waters from rivers, streams, or drainage ditches.
• Sustained standing water from rainfall.

Role of Realtors

Realtors are responsible for ensuring clients receive and acknowledge flood disclosures, understand insurance limitations, and consider flood insurance options. Proper documentation helps prevent legal and financial issues after closing.

Effective Date

All provisions of the laws took effect October 1, 2025, and apply to leases, sales, and condo or mobile home transactions executed on or after that date.