Florida Makes Waves with New Flood Disclosure Law

Florida’s coastal and riverfront communities, including those in Indian River County, face significant flood risks. To protect purchasers of real property, Florida lawmakers have implemented new disclosure requirements aimed at transparency in real estate transactions. Effective October 1, 2024, Florida Statute § 689.302 mandates that sellers of residential real property provide a separate Flood Disclosure to prospective buyers. This disclosure is distinct from any standard contract language. It must be a standalone form delivered at or before the sales contract is executed. The goal is to ensure buyers are fully informed about a property’s flood history and potential risks before committing to a purchase. This new law has also been extended to govern landlords and condominium developers, reflecting Florida’s expanding commitment to flood risk transparency.

Florida Statute § 689.302: Flood Disclosure Requirements
Overview of the New Law

Florida’s new flood disclosure law applies to all residential property sales, including single-family homes, condos, and even vacant residential land, with contracts that were executed on or after October 1, 2024. Sellers are now required to complete and sign a specific Flood Disclosure form and provide it to the buyer separately from the sale contract. The new law was enacted as a response to Florida’s history of flooding and the recognition that buyers need explicit information about past flood incidents.

Prior to this law, sellers had only a general obligation to disclose known material defects that were not readily observable. There was uncertainty as to whether past flood events qualified as “material defects” that had to be disclosed. The new statute eliminates any doubt by explicitly requiring a written flood history disclosure for residential sales. In response, Florida Realtors introduced a standard “Flood Disclosure” form (Florida Realtors Form FD-1) in late 2024. All parties (sellers, realtors, and attorneys) involved in Florida home sales should add this form to their transaction checklists for every deal.

What Must Be Disclosed
The Flood Disclosure form calls for very specific information about the property’s flood history and insurance. In summary, the form requires the seller to affirm or deny the following points:

• Flood Insurance Notice: Acknowledgment that standard homeowners insurance policies do not cover flood damage. The form prominently warns buyers that they should consider obtaining separate flood insurance coverage. This puts buyers on notice that if they purchase the property, a standalone flood policy will be needed to protect against flood losses.
• Past Flood Insurance Claims: Whether the seller has or has not ever filed an insurance claim for flood damage to the property (including claims filed with the National Flood Insurance Program). A “yes” here means an insurance claim was paid for flood-related damage at some point in the property’s past.
• Federal Disaster Assistance: Whether the seller has or has not ever received federal disaster assistance or relief funds for flood damage to the property (for example, aid from FEMA or payouts under federal flood programs). This informs the buyer if the property’s flooding was significant enough to warrant federal aid.

In addition, the form provides a clear definition of “flooding” for purposes of this disclosure. “Flooding” is defined broadly as any “general or temporary condition of partial or complete inundation” of the property caused by one of the following:

1. Overflow of inland or tidal waters, for instance, river floods or storm surge from the ocean.
2. Unusual and rapid accumulation of runoff or surface water from any established source (such as heavy rainfall overwhelming a drainage system, or water from nearby streams/drainage ditches flowing onto the property).
3. Sustained periods of standing water from rainfall, for example, water that collects and remains after prolonged heavy rains.

By defining “flooding” in this way, the law captures everything from a catastrophic storm surge to localized heavy rain events. If the home has been damaged by any such flooding events during the seller’s period of ownership, and an insurance claim was filed or disaster assistance was received, it must be disclosed on the form. The form is essentially a yes/no checklist, making it very clear whether any flood-related claims or aid have occurred in the property’s history.

It is worth noting neither the statute nor the form require that the seller list every minor water intrusion (for example, a small plumbing leak or slight yard flooding that didn’t cause damage). The focus is on significant flood events that resulted in insurance claims or government assistance. These include events that would be considered material to a buyer’s decision. However, even if a flooding incident did not lead to an insurance claim or FEMA aid, sellers should err on the side of disclosure. Florida’s general disclosure law still requires sellers to disclose any known material defects or damage that is not readily observable. Therefore, if a prior flood caused hidden damage to the property (mold, structural repairs, etc.), the seller should disclose that through the appropriate channels (such as the standard Seller’s Property Disclosure form) even if it is not explicitly covered by the flood disclosure form. In practice, a seller who has experienced any significant flooding problem on the property would be wise to discuss it with their agent or attorney and consider disclosing it, rather than risk a dispute later.

Timing and Delivery Requirements
Timing is critical for the flood disclosure. The law is explicit that the Flood Disclosure form must be provided to the buyer at or before the time the sales contract is executed. In other words, the buyer should receive and sign off on the flood disclosure before signing the purchase contract, or at the very latest simultaneously with contract signing. Delivering this form even a day late (after the contract is already in place) does not satisfy the statute.

The disclosure form can be delivered in person as a paper document or electronically (for example, via email or electronic signature platforms), as long as it remains a separate standalone document. Florida Realtors’ standard Flood Disclosure form (FD-1) even includes a section to record the date and method of delivery to the buyer. Realtors and attorneys should use that to document compliance with the timing requirement.

Remember, this Flood Disclosure obligation is in addition to other disclosures or notices that might be in the sales contract. Many Florida real estate contracts (including the standard FAR/BAR contracts) already have clauses about flood zones or insurance, but these alone are not adequate to comply with the new law. Florida’s standard contracts have been updated to reference the seller’s duty to provide a Flood Disclosure per §689.302, but the actual disclosure still must be a separate form given to the buyer. If a seller tries to rely on generic contract language about flood zones, they will not be in compliance. The safest approach is to always attach the separate approved Flood Disclosure form to the contract package and obtain the buyer’s acknowledgement of it before or at contract signing.

Consequences of Failing to Comply
Failing to provide the required flood disclosure form in a timely manner can lead to serious legal and practical consequences for sellers (and even their representatives). First and foremost, ignoring a clear statutory requirement exposes the seller to legal liability. If a seller does not give the disclosure, and the buyer later discovers a past flood incident (for example, by uncovering old insurance claims or chatting with neighbors after closing), the buyer could assert that the seller violated Florida law and potentially sue for misrepresentation or failure to disclose a material fact. Florida’s flood disclosure statute was designed specifically to prevent unpleasant surprises of this sort.

Under similar Florida disclosure laws, such as the requirement to disclose homeowners’ association info, buyers are given the right to cancel the contract if the disclosure is not provided timely. The flood statute (§689.302) does not specifically create a cancellation right, but a strong argument can be made that failing to provide the disclosure before contract execution affects the validity and enforceability of the contract. A court could potentially allow the buyer to rescind the contract or walk away from the deal prior to closing if the seller violated the statute. At the very least, a seller who fails to disclose timely might find the buyer demanding concessions or threatening to back out once the omission comes to light.

There are professional repercussions as well. Real estate agents and attorneys involved in a transaction could face liability or disciplinary action if they knowingly proceed with a closing in violation of the law. The Florida Realtors Association has actively warned its members to educate clients and update their practices to avoid liability under the new flood disclosure law. An agent who fails to inform a seller about this requirement, or who does not ensure the form was provided to the buyer, could be accused of negligence or misconduct. Likewise, an attorney who closes a deal without the required disclosure could face a very unhappy client (or worse, a malpractice claim) if that buyer later has grounds to claim the law wasn’t followed.

Best Practices for Flood Disclosure Compliance
To ensure smooth transactions under the new law, all parties involved in Florida real estate deals should take proactive steps. Here are some best practices for sellers, buyers, realtors, and attorneys in light of the flood disclosure requirements:

For Sellers: Be Proactive and Thorough
Start early. The moment you decide to list your home, start preparing the Flood Disclosure form. Dig into your files for any records of flood damage during your ownership. This includes insurance claims you filed (whether with your private homeowners insurer or FEMA’s National Flood Insurance Program) and any disaster relief funds you received (FEMA grants, state assistance, etc.). Recall any significant flooding incidents: even if a flood was minor or you paid out-of-pocket for repairs, make sure you understand whether it falls under the questions on the form.

Complete the form honestly and fully. Don’t leave any blanks or “forget” to check a box. It is crucial to answer the flood disclosure questions truthfully. Many buyers will eventually discover past insurance claims through their own research or when obtaining insurance, so it is unwise to hide this information.

Provide context for any “yes” answers. While the law only requires checking the yes/no boxes, it can help to attach an explanation or documentation for any disclosed flood history. For example, if you must report an insurance claim for flooding, you might include a brief note like: “Claim in 2018 due to minor garage flooding after a tropical storm. Repairs were completed and no issues since.” This extra detail is not legally required, but transparency can reassure the buyer that the issue was addressed and not likely to recur. It can prevent the buyer from imagining and claiming worst-case scenarios.

Deliver the disclosure early. Do not wait until closing day or some late stage. The safest practice is to hand over the flood disclosure to every serious buyer before or at the time they make an offer.

Stay up to date. If your property happens to experience a flooding incident after you have already completed the disclosure (for example, while it is listed for sale), you should update the form. Update your disclosure form (or provide a new one) to reflect the new event. This keeps you in compliance and maintains trust with the buyer.

Do not forget that even if your particular home has never flooded, the law still requires you to provide the disclosure form. Compliance is mandatory statewide, regardless of your property’s individual history or location.

For Buyers: Know Your Rights and Do Your Due Diligence

Know that you are entitled to this disclosure. As a buyer, Florida law gives you the right to receive a Flood Disclosure form before you are bound by a purchase contract. Be aware of this. You should insist on receiving and signing the disclosure before finalizing the deal. Do not let anyone tell you that it is a minor detail to be handled later. Disclosure is required before deal finalization, and it is for your protection.

Review the disclosure carefully. When the seller provides the form, take the time to read it and note whether the seller checked “has” or “has not” for each item. A “yes” answer is a red flag that the property has a flood history. This does not automatically mean you should walk away – but it does mean do more homework. Ask the seller for details: When did it flood, and what were the circumstances? How much damage occurred, and which areas of the home were affected? Also ask what remedial measures were taken: were repairs done professionally, were improvements (like drainage or flood barriers) added afterward?

Investigate insurance implications. If the seller disclosed a past flood claim, be aware that this could affect your ability to obtain insurance or the cost of insurance. Speak with your insurance agent during your due diligence period. Flood insurance in Florida is often a separate policy (from the National Flood Insurance Program or a private insurer). Get a quote for flood coverage on this property before you close, especially if there is a known past flood. Also, check if the past claim might make the property ineligible for certain programs or if it triggers a higher premium.

Even if the disclosure indicates “no” prior floods, do not become complacent. Assess the property’s flood risk independently: look up the FEMA flood zone designation for the property (e.g., Zone X versus AE or VE). If it is in a high-risk flood zone or near water, consider ordering an elevation certificate or a flood risk report. These can give you a better sense of how likely the property is to flood and what insurance might cost.

Use the disclosure as a negotiating tool if needed. If a flood history is revealed, factor that into your decision and negotiations. For example, you might request that the seller provide documentation of all remediation work or even ask for a price concession or seller-paid flood insurance policy for a year. If the flooding was severe and you are not comfortable, you have the option to back out.

Beware of missing or false disclosures. If you suspect that a seller knew of flooding but answered “no” on the form, raise this immediately with your real estate agent or attorney.

Perhaps neighbors mention past flood damage, or you see water stains during inspection that hint at prior flooding. Such red flags should be investigated. A seller’s misrepresentation on the flood disclosure (checking “has not” when the truth is otherwise) can give you grounds to withdraw from the contract and potentially pursue further legal remedies.

Once you close the sale, any undisclosed flood issues become your problem. It is far better to address them beforehand, when you still have leverage to negotiate or walk away.

For Realtors: Integrate the Disclosure into Your Checklists

Real estate agents are on the front lines of implementing this new law. Both listing agents and buyer’s agents have key roles in ensuring compliance and educating clients:

Listing agents: As soon as you take a listing, educate your seller about the new flood disclosure requirement. Explain why it exists (to protect them from liability as well as to inform buyers) and get the Flood Disclosure form filled out at the start of the listing process. Treat it with the
same importance as the standard seller’s property disclosure form. It is a good idea to include the completed Flood Disclosure in the MLS attachments or have copies available at showings and open houses. This way, every potential buyer is aware of it early. Double-check your client’s answers on the form and ask them explicitly if they have ever had any flood-related insurance claim or received FEMA money.

Buyer’s agents: Make sure your buyer-client receives and understands the flood disclosure before signing a contract. When the form is provided, go over it with your client. If the form is clean but you have other indications of possible flood risk, counsel your client accordingly.

Finally, be prepared to handle questions or pushback. Some out-of-state sellers or even agents (unfamiliar with Florida-specific rules) might not know about this requirement. You may need to explain it to them.

For Real Estate Attorneys: Advise and Document Compliance
Attorneys overseeing real estate transactions in Florida should make flood disclosures a standard checkpoint in every deal.

For sellers: During your initial consultation or engagement, advise your seller client of their duty under §689.302. Review the form for completeness and accuracy. If a client is unsure whether something qualifies, help interpret the statute for them. Importantly, if a client were to ever suggest leaving something off or misrepresenting, counsel them firmly against that and document that advice.

For buyers: When you represent the buyer, ensure that the required disclosure is delivered. Advise your client not to sign until the seller produces the disclosure. In cases where a contract was signed in a rush without the disclosure (perhaps out of ignorance), counsel your buyer on their rights. While the statute does not explicitly give a cancellation right, you could argue the contract is unenforceable absent compliance.

Keep records. As with agents, attorneys should document that the flood disclosure was handled properly. Retain a copy of the signed Flood Disclosure form in your closing file. If you send or receive it via email, save those communications. Should a dispute ever arise, you want to have evidence that you fulfilled your role in facilitating the disclosure.

Expansion of Flood Disclosures in 2025: Rentals and New Developments

Florida’s push for flood risk transparency did not stop with home sales. In 2025, the Florida Legislature expanded the disclosure requirements to residential rentals and newly built condominiums, recognizing that tenants and new unit buyers also deserve to know about flood history. Governor DeSantis signed this expansion into law in June 2025, and the new provisions take effect on October 1, 2025. Here is what the expanded law covers:

• Landlords and Rental Properties: Florida Statute § 83.512 will require landlords of residential rental properties (for leases of one year or more) to provide a flood disclosure form to prospective tenants at or before signing a lease. Much like the seller disclosure for sales, this must be a separate written document. The content of the landlord’s flood disclosure mirrors the key points from the seller form. Landlords must disclose: (1) any known flooding that has damaged the rental unit during the landlord’s ownership, (2) any flood insurance claims they have filed for the property, and (3) any assistance received for flood damage.

Remedies for tenants: The new law gives some teeth to ensure landlord compliance. If a landlord fails to provide the flood disclosure, or provides a false disclosure, and then the tenant’s personal property is later damaged by flooding, the tenant may have the right to terminate the lease early. Specifically, if the tenant suffers substantial loss or damage to their personal belongings from a flood (defined as damage exceeding 50% of the property’s market value of those belongings), the tenant can terminate the rental agreement by giving notice within 30 days after the flooding event. Upon proper termination, the landlord must refund any rent and security deposit paid for the period after the lease is ended.

• Condominium and Cooperative Developers: The law also targets new residential developments. Developers selling new condominium units, or renting out unsold units, must make similar flood disclosures to prospective buyers or tenants of those units. This means that in the contract for sale of a new condo unit (the developer’s purchase agreement) or in a lease of a unit that the developer still owns, the developer must disclose: (1) whether they are aware of any flooding that has caused damage to the unit or any common areas during the period of their ownership, (2) whether the developer has ever filed an insurance claim for flood damage for the property, and (3) whether the developer has received any assistance (from any source) for flood damage. This ensures that even brand-new construction is not exempt from transparency requirements.

The disclosure obligations for developers operate just as those for ordinary sellers and landlords in terms of timing. The information must be given before the buyer signs the purchase contract or the tenant signs the lease.

• Expanded Duties for Home Sellers: It is important to note that this new legislation also slightly expands the duties for regular home sellers under §689.302. Before October 1, 2025, sellers only must disclose whether they have filed any flood insurance claims and any federal flood aid received. Starting October 1, 2025, home sellers will additionally be required to disclose whether they are aware of any actual flood damage to the property during their ownership, even if no insurance claim was filed. Also, instead of just “federal” assistance, the law will ask if the seller received assistance from any source for flood damage. In practice, this closes a loophole. After Oct 1, 2025, if a seller had a flood that they paid for out-of-pocket (no claim) or perhaps got a state/county grant or Red Cross help (not FEMA), those would need to be disclosed as well. The Flood Disclosure form will be updated to reflect these new points.

Conclusion
In all residential sales, Florida Statute § 689.302 now requires a standalone Flood Disclosure on or before contract execution. The form covers both prior flood insurance claims and federal disaster assistance tied to flooding. This statute defines flooding broadly, including storm surge, overflow, rapid runoff, standing water. Timely delivery is mandatory, with those who do not comply risking rescission of the contract, an action for misrepresentation, and/or professional discipline.

New rules take effect October 1, 2025, establishing a flood disclosure requirement for leases and condominium developments, as well as broadening home seller’s disclosure requirements. In cases of nondisclosure for leases, tenants who suffer substantial loss may terminate within 30 days with return of prepaid sums. Developers of new condominium or cooperative projects must disclose flood history for units, common elements. Further, home sellers must disclose known flood damage during ownership, assistance from any source.

As demonstrated, flood disclosure is now a required step at contract. The rule improves transparency and significantly reduces the likelihood of disputes regarding flood damage. Realtors and attorneys should note this disclosure requirement in their checklists, properly adhering to Florida Statute § 689.302 and its new rules effective October 1, 2025.