As Florida nears another hurricane season, the importance of flood disclosure is all the more evident. The expansion of flood disclosure obligations in 2025 has done a lot for the peace of mind of its residents, but it can also be a source of confusion if you’re notaware of the changes involved. If you’re getting ready for a closing in any part of the state, learning about the 2025 expansion can help you avoid delays, a rescinded contract, and legal disputes.
During the second half of the year, Florida’s coastal region is constantly affected by floods, with hurricanes hitting the hardest in areas like Miami-Dade, Broward, Tampa, and the Florida Keys.
Beyond that, floodings are caused by a number of factors beyond coastal storm, and this is reflected in the disclosure law’s framework. Extended periods of rain or the overflowing of rivers, streams and drainage ditches may also lead to floods and substantial property damage. Jacksonville, Orlando, Tallahassee, and other parts of the state are also vulnerable by being in proximity to large bodies of water.
Florida’s flood disclosure law was created to enforce transparency when disclosing any known facts materially affecting property value, specifically regarding flood risks and insurance.
Effective October 1, 2024, Florida Statute § 689.302 requires sellers to provide a written flood disclosure, addressing past instances of flooding and known flooding risks. It also highlights flood insurance eligibility, given that standard homeowners’ insurance policies don’t provide coverage for damage resulting from floods. Sellers are expected to disclose whether they have filed a flood-related insurance claim or received federal flood assistance.
The 2025 expansion was passed exactly one year later (October 1, 2025) introducing broader disclosure requirements. Under CS/CS/SB 948, the landlord of a residential real property must provide information about flood risks and past flooding to a prospective tenant at / before the time the rental agreement is executed. If this requirement isn’t met, the tenant can terminate the rental agreement after suffering substantial loss or damage from a flood.
Similar specifications apply to condominium unit developers, cooperative developers, and the owners of mobile home parks.
The information must be specific, outlining any knowledge of flooding that occurred during the ownership, not just claims or federal assistance. Condominium and cooperative developers must include flood disclosure in the contract for sale or long-term lease, while mobile home park owners must provide flood disclosure to lessees of mobile home lots. Likewise, the 2025 expansion also requires for landlords and developers to specify any government assistance, whether state or federal.
If you’re a seller, the best course of action is already outlined for you. You must share any knowledge of past floods and flood-related insurance claims, or federal assistance. Sellers are expected to issue a written flood disclosure at or before contract signing, and they’re not the only ones. Landlords and developers must fill out a Flood Disclosure form FD-1 with the information listed above. If they fail to do so or omit important information, tenants can terminate the contract upon suffering any major losses during a flood.
Meanwhile, realtors and listing agents can also be held liable. As explained in an article by the Association of State Floodplain Managers, part of their job entails ensuring that clients receive and acknowledge flood disclosures, insurance limitations, and flood insurance options. Otherwise, they risk a civil lawsuit and potential punitive damage.
Now, if you’re a buyer, the FD-1 form can do a lot for your peace of mind, but it’s not the only tool at your disposal. Just like developers are encouraged to review FEMA flood zone maps upon acquisition, buyers can also get a hold of these maps to narrow down the areas with the highest risk of flooding, whether the risks is caused by exposure to rain or structural issues like poor drainage. On that note, you can also request elevation certificates to check a building’s height in relation to the area’s standard flood levels.
Lastly, you need to be clear on the differences between a disclosed flood event and an active flood zone designation: the former is based on the property’s historic data and reports on past incidents, so the risk is not always reflected accurately on official government maps. Meanwhile, an active flood zone designation represents a category assigned by FEMA after evaluating several factors to deliver a statistical estimate of the risk.
All these steps are crucial to protect yourself during a property purchase, and a seasoned Florida title company can help you complete all of them without getting overwhelmed along the way.
Protect Your Investment During Florida’s Flooding SeasonFlood disclosure is part of the standard when it comes to Florida closings, and its importance becomes more evident with each passing year. All you need to do is follow the right steps, and you can protect yourself against property damage and financial lost without abandoning the goal of getting your dream home.
If you want to cover all your bases without overlooking anything, enlisting the support of a Florida title company is the way to go. At Key Title & Escrow, we specialize in fulfilling all the requirements to ensure a successful closing. When it comes to flood disclosure obligations, this entails reviewing all the necessary paperwork, from the standard FD-1 form to other documents outlining the risk levels in your chosen location.
Our staff will assess everything with an eagle eye, flagging any missing or incomplete disclosures and pointing you toward the next step forward to avoid delays. We have experience working with buyers, sellers, and real estate agents from all over the country, so we know how to keep things in order to avoid misunderstandings during the transaction.
International and out-of-state buyers have a particularly unique challenge on their hands because they may not be acquainted with seller-disclosure regimes and their ramifications in high-risk areas. Luckily, we’re always ready to tailor our services to your needs if you come from overseas and plan to purchase a property in Florida. Our staff provides specialized guidance so you’re not caught off guard by the steps involved regarding flood disclosure obligations.
Early planning and due diligence are key to preventing the worst outcome. You can never be too confident when it comes to the risk of flooding, whether because you live near a large body of water or simply because no one can predict the impact of the next hurricane season. Trust Key Title & Escrow, and we’ll assist you at every step of the way.
Contact us today via phone call or by filling out our website’s contact form! Our specialists are ready to answer all your questions!
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