Did you know that Florida's flood disclosure laws officially changed as of October 1, 2025? The new flood disclosure laws introduce additional disclosure requirements, covering responsibilities for sellers, real estate developers, and residential landlords.
Whether you're buying or selling, it's important to understand the latest disclosure laws. Our real estate agents have more on Florida's latest flood disclosure laws and how they could impact you.
Understanding Florida's Expanded Flood Disclosure Requirements
Official Flood Disclosure Statute
Florida Statute 689.302 covers "disclosure of flood risks to prospective purchaser," and this disclosure is required to be made at or before the time the sales contract is executed. The disclosure consists of three main questions for the seller:
- Does the seller have any knowledge of flooding that caused property damage during the time that they owned the property?
- Has the seller filed an insurance claim due to flood damage on the property, including claims to the National Flood Insurance Program?
- Has the seller received assistance for flood damage to the property, including assistance from the Federal Emergency Management Agency?
The biggest change for sellers is the requirement to report known flood damage, even if they didn't file an insurance claim or receive federal assistance. For buyers, this change should provide a more complete picture of the home's condition before purchase.
How Flooding Is Defined in the Statute 689.302
To fully understand flood disclosure laws and how they could impact you, it's important to see how the state defines flooding. By Florida's definition, flooding means "a general or temporary condition of partial or complete inundation of the property," which can be caused by one of three factors:
- Overflow of water from inland or tidal waterways
- Unusual and rapid accumulation of runoff or surface waters from an established water source, including rivers, streams, and drainage ditches
- Heavy rainfall resulting in sustained periods of standing water
Damage caused to a property from these sources is considered flood damage and should be disclosed based on the latest flood disclosure laws.
Additional Protection for Buyers and Renters
The updated flood disclosure laws add new responsibilities for landlords and real estate developers as well, which can also have an impact on consumers. Buyers will now have more information when purchasing a condo from a developer, and renters will be able to learn more about the property they're renting:
- The same disclosure requirements that we've covered so far now apply to developers who are selling residential condos, as well. Now buyers are required to receive a full flood disclosure when purchasing a condo from a developer, when that wasn't a requirement in the past.
- Landlords must now make a flood disclosure to prospective tenants entering residential rental agreements of one year or longer. If a landlord fails to provide the required disclosure and a tenant later suffers substantial flood-related loss or damage to personal property, the tenant may have the right to terminate the rental agreement and receive a refund of prepaid amounts for the period after the rental agreement is terminated.
Navigating Florida's Flood Disclosure and Real Estate Laws
Florida's updated flood disclosure laws are one element of the complex real estate laws designed to protect both buyers and sellers. Of course, you don't have to navigate the process alone. Look for a real estate agent who understands the laws, answers your questions, and helps you navigate each step of the process, including the latest laws covering flood disclosures in real estate.
Buy or Sell Your Next Florida Home with Help from Our Team
Wondering how these flood disclosure changes affect your next sale or purchase? Our local agents stay on top of Florida's evolving real estate laws so you don't have to. Get in touch to buy or sell a home in Florida with confidence.
