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Florida's residential flood disclosure: what sellers must provide under s. 689.302

State law guide· Seller disclosure

Florida requires sellers of residential real property to give buyers a flood disclosure, on a form set out in statute, at or before signing the sales contract. The form covers flood damage, insurance claims and government flood assistance.

Section 689.302, Florida Statutes, requires the seller of residential real property to give the purchaser a flood disclosure at or before the time the sales contract is signed. The disclosure must use the form printed in the statute. The section's history note lists amendments by chapter 2024-215 and chapter 2025-166.

The form opens with a notice that homeowners' insurance policies do not include coverage for damage resulting from floods, and encourages the buyer to discuss separate flood insurance with an insurance agent.

The seller then checks boxes on three points. First, whether the seller has or has no knowledge of flooding that damaged the property during the seller's ownership. Second, whether the seller has or has not filed a claim for flood damage with an insurance carrier, including the National Flood Insurance Program. Third, whether the seller has or has not received assistance for flood damage, including from FEMA.

The form defines flooding as a general or temporary condition of partial or complete inundation of the property caused by overflow of inland or tidal waters; by unusual and rapid accumulation of runoff or surface water from an established water source such as a river, stream or drainage ditch; or by sustained periods of standing water resulting from rainfall.

The page of the statute does not itself spell out exemptions, what happens if a seller does not provide the form, or any buyer termination right, so this guide does not address them. Agents should read the full section and related rules before relying on this summary.

This explains the statute in general terms and is not legal advice.

The law: s. 689.302, F.S.
Source: Florida Legislature
Written by Department of Property. General information, not legal advice.