Florida’s New Flood Disclosure Law: What Buyers, Renters, and Realtors Need to Know (Effective October 1, 2025)

Quick Summary

• New flood disclosures required: Starting October 1, 2025, Florida law (SB948) requires landlords, sellers, condo developers, and mobile home park owners to provide written flood disclosures before leases or sales close.

• Protections for buyers and renters: If flooding causes major losses and disclosures weren’t provided, buyers and tenants may have the right to terminate contracts or leases.

• Realtor responsibilities: Agents should ensure clients receive and acknowledge these disclosures, understand that homeowners’ insurance does not cover flood damage, and consider flood insurance options.

Introducing Senate Bill 948

In Florida, flooding is not just a possibility—it’s a reality many homeowners, buyers, and renters must prepare for. Recognizing this, the Florida Legislature passed Senate Bill 948 (2025), now Chapter 2025-166, Laws of Florida.

This new law, effective October 1, 2025, requires clear, written flood disclosures in nearly every type of real estate transaction. Whether you’re signing a long-term lease, buying a condo, or moving into a mobile home community, the rules are changing—and Realtors will play a central role in making sure their clients understand them.

What the New Law Requires

1. For Renters

• Landlords must provide a separate flood disclosure form before signing a lease of 1 year or longer.

• Disclosure must state whether the property has ever:

  • Flooded during the landlord’s ownership.

  • Had insurance claims for flood damage.

  • Received FEMA or other federal flood assistance.

• Tenant protection: If the landlord fails to disclose and flooding causes substantial property loss (50%+ of personal property value), tenants may terminate their lease within 30 days.

2. For Home Buyers

• Sellers must give buyers a flood disclosure form at or before contract signing.

• The form confirms whether the seller knows of past flooding, prior flood-related insurance claims, or FEMA aid.

• Importantly, the form also warns buyers that standard homeowners’ insurance does not cover floods—separate flood insurance should be considered.

3. For Condominium & Cooperative Purchasers

• Condo and co-op developers must include flood disclosures in their contracts.

• Disclosures cover the unit itself and common areas, ensuring buyers know whether the property or building has a flood history.

• Buyers retain their 15-day cancellation rights if disclosures are missing or misleading.

4. For Mobile Home Park Residents

• Park owners leasing lots must also provide flood disclosures before occupancy.

• If omitted or false, and substantial flood damage occurs, tenants may terminate the lease and recover prepaid rent.

Why This Law Matters

Flooding is one of the costliest risks for Florida real estate. By requiring honest disclosures:

• Buyers and renters gain transparency and the ability to make informed decisions.

• Sellers and landlords are held accountable for what they know about their properties.

• Realtors and brokers can protect clients from unexpected risks while avoiding disputes.

For Realtors, this law also creates a new conversation point with buyers and sellers. Helping clients understand flood risks can build trust and highlight your value as an advisor.

Practical Steps for Realtors and Owners

1. Get familiar with the disclosure forms. Ensure you’re using the correct version depending on lease, sale, or condominium transaction.

2. Educate your clients. Buyers and tenants may not realize flood insurance is separate from standard policies—point them in the right direction.

3. Document delivery dates. For condos and co-ops, timing is critical—buyers have 7 business days to review after receiving documents.

4. Advise honesty. Sellers and landlords should disclose fully—failure to do so can result in canceled contracts, lost rent, or even legal action.

5. Stay ahead of the October 1, 2025 effective date. Begin implementing these practices early to avoid compliance issues.

In Summary

Starting October 1, 2025, Florida’s new flood disclosure law will change how leases and sales are handled across the state. For buyers and renters, it offers protection. For sellers, landlords, and developers, it introduces new responsibilities. And for Realtors, it’s a chance to reinforce your role as a trusted guide in Florida’s complex real estate market.

At the Law Office of Sam J. Saad III and Paradise Coast Title & Escrow, we are here to help you navigate these changes. If you have questions about the new disclosure requirements—or want to be sure your transactions are fully compliant—contact our office today.