Starting October 1, 2025, Florida’s Flood Disclosure Law (CS/CS/SB 948, 2025 Legislature) took effect, bringing sweeping changes to landlord-tenant, real estate sales, condominium, cooperative, and mobile home park transactions. The law creates and amends several provisions of the Florida Statutes to ensure that tenants, buyers, and lessees are given clear notice about flood risks before entering into agreements.

All statutory revisions pursuant to Florida’s Flood Disclosure laws include a uniform definition ‘flooding’, described as a general or temporary condition of partial or complete inundation of the property caused by any of the following:

(a) The overflow of inland or tidal waters.

(b) The unusual and rapid accumulation of runoff or surface waters from any established water source, such as a river, stream, or drainage ditch.

(c) Sustained periods of standing water resulting from rainfall.

New Requirements for Residential Leases (Newly Created – Fla. Stat. § 83.512)

The new Florida law includes new provisions requiring flood disclosures in residential leases. Under these new provisions:

→ Landlords must provide a separate flood disclosure form before executing a rental agreement of one year or longer.

→ The disclosure must:

• • • Warn tenants that standard renters’ insurance does not cover flood damage
    • State whether the landlord has knowledge of past flooding,
    • State whether the landlord has filed flood-related insurance claims
    • State whether has received assistance from the Federal Emergency Management Agency (“FEMA”) for the dwelling unit

→ Tenant Remedy: If a landlord fails to comply with the law’s disclosure requirement and the tenant suffers a “substantial loss” (defined as 50% or more of the market value of personal property), the tenant may:

• • • Terminate the lease by written notice within 30 days after the date of damage or loss
    • Recover prepaid rent for periods after termination

Note: A tenant will remain liable for any rent delinquencies, unpaid rent or other sums owed to Landlord before termination.

Flood Disclosures for Residential Sales (Amendments to Fla. Stat. § 689.302)

In the context of residential sales, Florida’s Flood Disclosure laws now impose new responsibilities on sellers of residential real estate. These include:

→ Sellers of residential real property must now provide a flood disclosure form at or before signing a sales contract

→ The disclosure warns that homeowners’ insurance does not cover flood damage and requires sellers to state whether:

• • • They have knowledge of prior flooding
    • They have filed insurance claims for flood damage
    • They have received federal flood assistance from FEMA

Condominium and Cooperative Sales (Amendments to Fla. Stat. §§ 718.503 & 719.503)

Florida’s flood disclosure laws also expand on developer obligations to buyers in the following ways:

→ Developers must include a flood disclosure statements in purchase agreements for condominium and cooperative units

→ Developers must specifically caution Buyers that standard homeowners’ insurance excludes flood coverage.

→ Developers must disclose any knowledge of prior flooding, flood-related claims, or FEMA assistance relating to the property or common elements.

Mobile Home Parks (Amendments to Fla. Stat. § 723.011)

Similar to residential leases, the Flood Disclosure laws also amend the provisions applicable to rental mobile home lots. Under the amendments:

→ Mobile home park owners must provide a separate flood disclosure before a lease is signed or at the time of occupancy.

→ The disclosure must:

• • • Warn renters that standard renters’ insurance does not cover flood damage
    • State whether the park owner has knowledge of past flooding
    • State whether the park owner has filed flood-related insurance claims
    • State whether park owner received assistance from the Federal Emergency Management Agency (FEMA) for the dwelling unit

→ Lessee Remedy: If the park owner fails to disclose truthfully and the lessee suffers a substantial loss (defined as 50% or more of the market value of the mobile home and personal property), the lessee may:

• • • Terminate the lease with written notice within 30 days.
    • Obtain a refund of prepaid rent after termination.

Note: A lessee will remain liable for any rent delinquencies, unpaid rent or other sums owed to Landlord before termination.

Florida’s new Flood Disclosure provisions represent a significant shift in how flood risks must be communicated in real estate and lease transactions. By imposing uniform disclosure obligations across residential leases, sales, condominiums, cooperatives, and mobile home parks, the Florida Legislature has signaled a strong commitment to transparency and consumer protection. For landlords, sellers, developers, and park owners, compliance will require careful attention to statutory disclosure requirements and deadlines, as well as accurate reporting of prior flood history and claims. For tenants and buyers, the law provides important remedies in the event of nondisclosure, reinforcing their right to make informed decisions about properties vulnerable to flooding.