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Flood zones & flood insurance

What does a Florida seller have to disclose about flooding?

Short answer

Under section 689.302, Florida Statutes, a seller of residential real property must complete a written flood disclosure and give it to the buyer at or before the time the sales contract is signed. Since October 1, 2025, the form asks whether the seller knows of flooding that damaged the property during their ownership, has filed a flood insurance claim, or has received flood-damage assistance such as FEMA aid.

What does the Florida flood disclosure form ask?

The statute sets the form's wording. It opens with a notice that homeowners insurance policies do not cover flood damage and encourages the buyer to discuss separate flood insurance with an insurance agent. The seller then checks has or has not for three statements:

The form defines flooding as a general or temporary inundation of the property caused by overflow of inland or tidal waters, unusual and rapid runoff from an established water source such as a river, stream or drainage ditch, or sustained standing water from rainfall.

  • Knowledge of any flooding that damaged the property during the seller's ownership.
  • Filing a claim with an insurance provider for flood damage to the property, including a National Flood Insurance Program claim.
  • Receiving assistance for flood damage to the property, including assistance from FEMA.[1]

When did the requirement start, and what changed?

The disclosure was created by CS/CS/HB 1049 (chapter 2024-215, Laws of Florida), effective October 1, 2024, with two questions: prior flood insurance claims and federal flood-damage assistance. CS/CS/SB 948 (chapter 2025-166), effective October 1, 2025, added the question about the seller's knowledge of flood damage and changed federal assistance to any assistance.

The same 2025 law added similar flood disclosures for landlords on residential leases of one year or longer (section 83.512), for developers selling new condominium units, and for mobile home park owners.[2][3][4]

What should buyers and sellers do with it?

The form does not ask for the property's FEMA flood zone or elevation, so buyers should look those up separately. A has answer on assistance deserves a follow-up question: FEMA says a property that received federal disaster assistance must carry flood insurance to qualify for future aid, and that requirement stays with the property after a sale.

Section 689.302 itself does not spell out a penalty or cancellation right for a missing or inaccurate disclosure, so sellers and buyers with questions about liability should consult a Florida real estate attorney.[1][5]

Key takeaways

  • Florida sellers of residential property must give buyers a written flood disclosure at or before contract signing.
  • Since October 1, 2025, the form covers known flood damage, flood insurance claims and flood-damage assistance.
  • The form does not show the FEMA flood zone, so check the map separately.
  • Past federal disaster aid can require the next owner to carry flood insurance.
  • For questions about liability, consult a Florida real estate attorney.

Sources

  1. [1]Florida Legislature — Section 689.302, Florida Statutes: Disclosure of flood risks to prospective purchaser
  2. [2]Florida Senate — CS/CS/HB 1049 (2024), Enrolled Bill Text
  3. [3]Florida Senate — CS/CS/SB 948 (2025): Flood Disclosures
  4. [4]Florida Senate — CS/CS/SB 948 (2025), Enrolled Bill Text
  5. [5]FEMA FloodSmart — Eligibility

Reviewed October 11, 2026. General real-estate information for Florida, not legal, tax, lending or insurance advice. Laws, rates and deadlines change — confirm property-specific facts with the agency cited, a Florida real-estate attorney, CPA or licensed insurance agent.

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