Florida Realtors updates flood risk disclosures for buyers and renters

Florida Realtors updates flood risk disclosures for buyers and renters

Florida Realtors announced updates to its Flood Disclosure and the addition of a Lease Flood Disclosure in Form Simplicity, aligning with new state rules requiring sellers and landlords to disclose flood risks.

According to Florida Realtors’ press release, authored by Associate General Counsel Richard Swank, the new and updated disclosure forms respond directly to legislative changes enacted in 2024 and 2025 concerning property-related flood transparency. Florida’s Legislature created section 689.302, titled "Disclosure of flood risks to prospective purchasers," and subsequently expanded it in 2025 to include landlord obligations under section 83.512. Swank explained that these statutory changes make flood-risk disclosure mandatory for both home sales and residential leases exceeding one year, with both new forms now available to members through Form Simplicity.

According to the Florida Senate’s published text of section 689.302, sellers of residential real property must now provide a written "FLOOD DISCLOSURE" form using exact statutory language at or before the execution of the sales contract. The disclosure requires sellers to report prior flood-related insurance claims, any flood remediation assistance received, and—beginning in 2025—knowledge of any flooding that damaged the property during ownership. This new statute standardizes flood-risk transparency, ensuring buyers receive uniform and accurate information across the state, and reduces ambiguity in real estate transactions.

Section 83.512 of the Florida Statutes mandates that landlords who enter into leases of one year or longer must provide tenants with a separate flood disclosure form before the lease is signed, outlining prior flooding incidents, flood-related insurance claims, and any assistance obtained to remediate flood damage. The law prohibits embedding the disclosure within the lease itself, requiring it to appear as an independent document for clarity and compliance. Florida’s Legislature further specifies that if a landlord fails to provide the disclosure and the tenant later suffers substantial flood damage, the tenant may terminate the lease with written notice and is entitled to a refund of prepaid rent.

According to Florida Realtors, the organization is the state’s largest professional trade association, representing approximately 238,000 members across 51 local associations. The organization supports its members through advocacy, research, professional development, and legal resources, helping guide compliance with state and federal real estate regulations. Its mission centers on promoting homeownership, strengthening communities, and advancing sound real-property policies across Florida.