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New Flood Risk Disclosure Requirements in Florida (Effective Oct. 1, 2025): What Sellers, Landlords & Agents Must Know
Florida is expanding flood risk disclosure laws in 2025. Beginning October 1, 2025, sellers of residential real property and landlords entering into longer leases must provide new, more detailed flood disclosures to buyers and tenants. These changes bring higher transparency — and higher compliance risk.
What’s New & Who’s Covered
- Home Sales: A new statute (SB 948) amends Chapter 689, Florida Statutes, requiring sellers to disclose not just flood-insurance claims, but any known flooding damage during their period of ownership. The prior version required only claims and federal assistance; the new disclosure broadens that scope. See coverage from Florida Realtors.
- Residential Rentals: Landlords must provide a stand-alone Flood Disclosure form (not buried inside the lease) to prospective tenants in rental agreements of one year or longer, at or before lease execution. This obligation was added through HB 1015 / SB 948 analysis published by the Florida Senate.
- Developers and Others: The legislative package also extends flood-related disclosures to certain condominium, cooperative, and mobile-home sales, aligning developer obligations with the new rental rules.
Tenant & Buyer Protections / Remedies
- If a landlord fails to deliver the required disclosure and a tenant’s personal property suffers “substantial loss” (defined as damage equal to or exceeding 50% of fair-market value), the tenant may terminate the lease by written notice within 30 days of flooding. The landlord must refund prepaid rent for the remaining period. Details are available in the Florida Department of Revenue consumer guidance.
- Sellers who fail to comply may face claims of misrepresentation or breach of contract in a sales dispute, especially if flooding events occur later.
Key Steps for Compliance (Sellers, Landlords & Agents)
- Use the updated, statutory or substantially similar flood disclosure form in all applicable sales and lease transactions. Florida Realtors has released new forms, including a “Lease Flood Disclosure (LFD-1)” to mirror statutory requirements.
- Train agents, leasing staff, and property-management teams about the separate disclosure requirement and ensure it is delivered prior to or at lease signing.
- Investigate the flood history of the property: review past insurance claims, FEMA records, disaster-assistance data, and county property reports to ensure accuracy. Resources can be checked via FEMA Flood Maps.
- Keep signed copies of the flood disclosure in the transaction or lease file, with dated proof of delivery.
- Adjust lease documents and listing packets to remove ambiguity and reflect the new statutory disclosure obligations.
- Monitor renewals and new leases to ensure they comply with the law beginning October 1, 2025.
Implications & Risks
Inaccurate or omitted disclosures can lead to lease terminations, refund obligations, or litigation over misrepresentation. Sellers and landlords may face reputational damage and claims in closing or leasing disputes if flooding occurs later. Real-estate agents and brokers must include new flood-disclosure processes in their transaction workflows to avoid liability. Properties with a history of flooding will need to be priced and marketed accordingly, as disclosure requirements make risk more visible to buyers and tenants.
Feinstein Offers Mediation & Litigation Support
At Feinstein Real Estate Litigation & Business Law, we help sellers, landlords, tenants, and agents navigate Florida’s new flood-disclosure requirements. Our team assists clients in preparing compliant disclosure forms, resolving disputes over non-disclosure or rescission, and providing mediation services to resolve conflicts quickly and cost-effectively before litigation. When settlement isn’t possible, we represent clients in court to protect their property and contractual rights.
If you are preparing a sale or lease after October 1, 2025, contact us to ensure your documents meet state requirements and minimize legal exposure.
Feinstein Real Estate Litigation & Business Law
501 E Las Olas Blvd, Suite 300, Fort Lauderdale, FL 33301
Phone: (954) 767-9662
Website: www.feinsteinlaw.net