The Florida Legislature passed Senate Bill 948, which expands Florida’s disclosure requirements relating to flooding. This law introduces significant changes to the flooding disclosure requirements that sellers of residential property should be aware of. This law also requires landlords and mobile home park owners to disclose facts related to flooding. These changes take effect on October 1.
What Counts as Flooding?
According to Senate Bill 948, flooding is defined as the general or temporary condition of partial or complete inundation caused by any of the following:
- Overflow of inland or tidal waters.
- Unusual and rapid accumulation of runoff or surface waters from any established water source.
- Sustained periods of standing water resulting from rainfall.
What Must Sellers Disclose
Last year, the Florida Legislature created Section 689.302, Florida Statutes, which settled an open legal question in Florida: whether sellers of residential property had to disclose whether the property tended to flood. Section 689.302 requires sellers of residential properties to complete a flood disclosure form and provide the form to the purchaser. That section also outlines what must be included in the form.
Senate Bill 948 amends the form by requiring sellers to indicate any known flooding that has damaged the property during the seller’s ownership. Sellers also must disclose whether they have received any assistance for flood damage to the property. Previously, they were limited to required disclosures of federal assistance for flood damage, but the bill deletes “federal,” which has the effect of expanding the scope of the disclosure to include whether the seller has received state, local, or private flood-related assistance.
Also keep in mind, any sale of a unit or lease agreement exceeding five years must include the flood disclosure form. Importantly, the form must include language informing the buyer that standard homeowners’ insurance policies do not cover flood damage.
What Must Landlords Disclose
Landlords of residential properties are now required to provide a standard flood disclosure form at or before the execution of a rental agreement for a term of one year or longer. The form must be a separate document informing the prospective tenant:
- That renter’s insurance does not include coverage for damage resulting from floods.
- Whether the landlord has knowledge of any flooding that has damaged the dwelling unit during their ownership.
- Whether the landlord has filed any insurance claims related to flood damage, including with the National Flood Insurance Program.
- Whether the landlord has received assistance for flood damage, including assistance from FEMA.
Like landlords, owners of mobile home parks must also provide the same flood disclosure form.
Consequences of Non-Compliance
If a landlord or mobile home park owner fails to provide the flood disclosure form or falsifies information, and a tenant suffers substantial loss or damage to personal property due to flooding, the tenant may terminate their lease by giving notice and surrendering possession of the premises. In this scenario, the landlord must refund all rent or other amounts paid in advance for any period after the termination date.
While Senate Bill 948 does not explicitly outline the statutory consequences for sellers of residential property who fail to properly disclose a property’s flood history, a buyer who suffers substantial loss or damage may have legal recourse based on the seller’s fraudulent misrepresentation or failure to disclose material defects. The threshold for substantial loss or damage is met when the total cost of repairs or replacement of the property equals 50% or more of the property’s market value on the date the flooding occurred.
Conclusion
Sellers of residential real property should be sure their contracts and closing documents include the relevant disclosures. Landlords and mobile home park owners in flood-prone areas are encouraged to review the leases to ensure compliance with these new disclosure requirements.
Special thanks to Will Liberman, a 2025 summer associate and rising second-year law student at the University of Florida, who contributed to this update.
[View source.]
