Florida Enacts New Flood Disclosure Requirements for Residential Real Estate Transactions

In a state where blue skies can turn into flood zones overnight, Florida lawmakers are drawing a line in the sand, demanding full flood-risk disclosure in every residential real estate deal.

To increase transparency and protect buyers and renters, the Legislature recently expanded the disclosure obligations for property owners. The changes come via Senate Bill 948 (2025) and related amendments to existing law. Effective October 1, 2025, property sellers, landlords, condominium developers, and mobile home park owners must provide detailed flood-risk disclosures in residential real estate and lease transactions.

Key Provisions of the New Law

Who Must Disclose

The new law significantly broadens the scope of those responsible for providing flood-related information in real estate and lease transactions. It applies to:

• Sellers of residential real property, including single-family homes, townhomes, and condominiums.
  
  

• Landlords for leases of one year or more, ensuring tenants are informed about flood risks before signing.
  
  

• Condominium and cooperative developers, in both sales and long-term lease transactions.
  
  

• Mobile home park owners, when entering into lot or space leases.
  
  

What’s Being Expanded

These updates build upon prior disclosure obligations under HB 1049 and Florida Statute § 689.302, which previously required sellers to disclose any past flood damage, flood insurance claims, and federal flood assistance received.

Now, the requirements go a step further by mandating clear written disclosures of a property’s flood zone designation, known flood history, and the availability or requirement of flood insurance to ensure transparency for buyers and renters.

Implications and Risks for Buyers, Tenants, and Sellers

For Buyers and Tenants

• Greater transparency: You will know whether the property has a flood history, past claims, or received assistance.
  
  

• Due diligence: Use this information to investigate further by checking flood zone maps, elevation certificates, or engineer reports.
  
  

• Insurance strategy: Flood damage is typically not covered under standard policies, so obtaining flood insurance is critical.
  
  

• Negotiating leverage: A positive disclosure could allow you to renegotiate the price or request remediation.

For more on how to protect your property interests, see our related article on how to avoid probate in Orlando.

For Sellers, Landlords, Developers, and Park Owners

• New legal exposure: Failing to provide required disclosures, or providing inaccurate ones, could lead to rescission, contract disputes, or claims of misrepresentation.
  
  

• Document gathering: Sellers and property owners should proactively collect evidence of past flooding, claims, and assistance history.
  
  

• Update forms and contracts: All standard sales agreements, leases, and development contracts must be revised to include the new disclosure language.
  
  

• Educate clients and agents: Real estate professionals must understand these changes and explain them to buyers, tenants, and sellers.
  
  

How This Builds on the 2024 Disclosure Law

Florida first introduced flood disclosure mandates under HB 1049 (effective October 1, 2024). That law required sellers to disclose whether they had filed flood claims or received federal flood assistance for a property.

The 2025 law expands the scope in three key ways:

• Includes broader parties such as landlords, developers, and park owners.
  
  

• Requires wider disclosure of flood history, not just claims or assistance.
  
  

• Applies to lease agreements, not just sales.

In essence, SB 948 ensures that flood-risk transparency becomes standard across a wider range of real estate transactions in Florida.

Practical Tips for Compliance and Risk Mitigation

• Conduct a flood history audit and gather all records of past flooding, insurance claims, FEMA grants, or disaster aid.
  
  

• Update forms early and integrate the new disclosure language into all sales, lease, and development contracts before October 1, 2025.
  
  

• Train agents and staff so everyone understands when disclosures are required and the consequences of omissions.
  
  

• Promote due diligence by encouraging buyers or tenants to consult engineers, obtain elevation certificates, or check FEMA flood maps.
  
  

• Document delivery by maintaining records proving disclosures were delivered in a timely fashion, including date, method, and acknowledgment.
  
  

• Err on the side of full disclosure. If unsure whether an event qualifies, it is better to disclose than risk exposure.
  
  

Sample Outline for a Flood Disclosure Section (for Contracts and Leases)

Here’s a sample structure you might include in a contract or lease addendum:

• Definition of “Flooding” (per statute)
  
  

• Statement: “During the party’s ownership, the property has/has not experienced flooding.”
  
  

• Statement: “Has/has not filed flood-related insurance claims.”
  
  

• Statement: “Has/has not received federal or state assistance for flood damage.”
  
  

• Notice that standard policies do not cover floods and recommendation to consult an insurance agent.
  
  

• Signature and date lines for seller/lessor and buyer/lessee acknowledging disclosure.

Your Florida real estate attorney can help you tailor this language to your transaction type.

A positive disclosure could even provide negotiating leverage to adjust the price or request remediation. Before making any decisions, Nasseh Law PLLC can help you evaluate disclosure statements and identify potential risks or negotiation opportunities.

Frequently Asked Questions (FAQ)

Q: When does the new law take effect?

 A: October 1, 2025, for the expanded disclosure obligations.

Q: Does this replace the 2024 flood disclosure law?

A: No. It builds on it. The older law still governs seller disclosures for residential transactions, while the new law broadens the scope to include additional parties and lease applications.

Q: What if a landlord fails to disclose and flooding damages a tenant’s personal property?

A: The law allows tenants to terminate the lease and may permit recovery of prepaid rent or deposits for periods after termination when a “substantial loss” occurs.

Q: Is there a private right of action for buyers?

A: The law does not explicitly create a new private right of action, but failures could trigger claims of misrepresentation or contract remedies under existing legal doctrines.

Q: Does this apply to commercial real estate?

 A: No. The focus is residential properties, including homes, condos, mobile home lots, residential leases, and residential development contexts.

Conclusion 

The expanded flood disclosure requirements mark a significant shift in Florida’s real estate landscape. As of October 1, 2025, sellers, landlords, developers, and park owners must disclose known flood history, insurance claims, and assistance received, and notify prospective buyers or tenants that standard insurance does not cover flood losses.

If you are buying, selling, leasing, or developing property in Florida, it is essential to understand how these rules affect your contracts, obligations, and liabilities. To ensure your real estate transaction is legally compliant and your interests are protected under Florida’s flood disclosure laws, reach out to Nasseh Law PLLC for personalized guidance.