by Mike Colpitts 
Under a new law passed by the Florida state legislature homeowners are now required to disclose any assistance they received to fix flood damage to perspective buyers. The Florida flood laws expansion adds disclosures in Florida, which has sustained perhaps more flood damage than any other state.
- The amended version of Florida law section 689.302 added seller’s “knowledge of any flooding that damaged the property during the ownership of the property,” not just that required in an insurance claim, according to Florida Realtor Association counsel Richard Swank.
- The amended statute also removed the requirement that remediation assistance be only from a federal source. Sellers must now disclose any financial assistance received to repair flood damage.
A new law passed by Florida lawmakers requires homeowners to reveal any financial assistance they received to fix flood damage to perspective home buyers.
The new disclosures were triggered by three hurricanes last year that did extensive damage to homes in Florida, including Hurricane Milton.
FEMA funds are sometimes used by homeowners who have sustained flood damage to their homes as a result of hurricanes. The Florida flood laws expansion of required disclosures in cases of flood damage comes as a result of hurricanes that struck Florida in 2024.
The new laws are sweeping changes in Florida, which has had a history of flooding from hurricane and wind damage. Mold damage to homes triggered by flooding and driving rains keeps an entire industry working, which is one of the reasons why it is vital to get a home inspection when purchasing a home or condominium in Florida.
Under the Florida Supreme Court case Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), a seller must disclose to a buyer “facts materially affecting the value of the property which are not readily observable and are not known to the buyer.” Questions have arisen whether latent defects in a property must be disclosed if the seller believes they have been remediated. The new law now requires homeowners to disclose to buyers any damage that has been repaired.
Florida lawmakers expanded the flood disclosure for residential sales in 2025.
In addition to expanding the residential sales flood disclosure, the lawmakers created an additional flood disclosure for rental properties. Section 83.512 now obligates Florida landlords to make the same three disclosures found in section 689.302 “at or before the execution of a rental agreement for a term of 1 year or longer.” As with section 689.503, the language that must be in the disclosure is set out directly in the statute. The disclosure “must be in a separate document.” It is intended to provide a major statement to perspective tenants and cannot be part of the lease.
Section 83.512 also provides penalties when Florida landlords do not comply. If a landlord does not provide the disclosure, and the tenant suffers substantial loss or damage due to flooding, the tenant may give written notice of termination to go into effect no later than 30 days after the date of damage. The landlord must then refund all advance rent from the date of termination.
The new law goes into effect retroactively on October 1, 2025. As with other disclosure forms, it is critical that the seller or landlord fill out the disclosure. A real estate licensee can point them in the right direction, but the disclosure requirement is the customer’s responsibility to provide.