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Florida's New (& updated) Flood Disclosure Law
Dated: October 6 2025
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New Florida Flood Disclosure Law: What Buyers, Sellers, & Landlords Must Know
As of October 1, 2025, a significant new law is in effect in Florida, expanding flood disclosure requirements for both residential sales and rentals. This change is designed to increase transparency and provide buyers and tenants with a more complete picture of a property's history and potential risk.
At EMERALD, our commitment is to ensure our clients, from Miami to the Gulf Coast, are the most informed in the market. Here’s a direct breakdown of what these new rules mean for you.
Key Changes for Property Sellers
Under the updated
Sellers must now disclose:
- Any knowledge of flooding that damaged the property during their ownership, regardless of whether an insurance claim was filed.
- Any assistance received to repair flood damage, regardless of the source (not just federal aid).
This moves beyond formal paperwork to a seller’s direct knowledge, ensuring a buyer understands the property's full history with water intrusion.
New Disclosure Requirements for Landlords
For the first time, the law establishes a mandatory flood disclosure for rental properties. Landlords must now provide tenants with the same disclosures as sellers for any lease lasting one year or longer.
Two critical points for landlords:
- The disclosure must be provided at or before the lease is signed.
- It must be a separate document and cannot be a clause within the lease agreement itself.
Failure to provide this disclosure carries penalties. If a flood occurs and the tenant suffers significant damage, they may have the right to terminate the lease.
What This Means for You
- For Buyers & Tenants: You will now receive a clearer, more detailed history of a property's flood risk, allowing you to make a more confident and informed decision.
- For Sellers & Landlords: It is critical to fill out these new disclosure forms completely and accurately. While your real estate agent will provide you with the correct forms, the legal responsibility for the information disclosed is yours.
Additional Resources for Florida Property Owners
Understanding flood risk goes beyond disclosures. Here are some key public resources to help you stay informed:
FEMA's 50% Rule (Substantial Damage/Improvement) National Flood Insurance Program (NFIP) FEMA Flood Map Service Center
Your Expert Partner in Florida Real Estate
Navigating changes in real estate law is a critical part of a successful transaction. The team at EMERALD is committed to providing expert guidance across Florida's premier markets, including Sarasota, Miami, St. Pete, and the greater Tampa Bay area.
If you have questions about how these new laws affect your property or your search, contact us today.
Here is a Video from Florida Realtors reviewing all changes that took place on October 1st, 2025 and their slide deck.
Stephen Smith
Stephen D. Smith heads EMERALD Realty Brokerage in South Florida, focusing on residential, luxury, and investment properties. Named an "Under 40 Realtor to Watch," he delivers expert guidance to clien....
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All information deemed reliable but not guaranteed. All properties are subject to prior sale, change or withdrawal. Neither listing broker(s) or information provider(s) shall be responsible for any typographical errors, misinformation, misprints and shall be held totally harmless. Listing(s) information is provided for consumer's personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. The data relating
