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New Flood Disclosure Requirements for Florida Property Managers and Landlords

Governor Signs Florida Senate Bill 948 (2025) into Law, Requiring Flood History Disclosure for Residential Leases

Florida property managers and landlords must prepare for a significant new disclosure requirement. Senate Bill 948 (2025), which creates Florida Statute 83.512, mandates that landlords provide flood history disclosures to prospective tenants before signing residential lease agreements. This new requirement takes effect on October 1, 2025.

The New Legal Requirement

Starting October 1, 2025, landlords must complete and provide a flood disclosure form to prospective tenants at or before execution of any residential rental agreement for a term of one year or longer. This disclosure must be a separate document - not buried within the lease terms.

What You Must Disclose

The flood disclosure form requires landlords to provide specific information about the property's flooding history during their ownership:

  • Flooding Damage: Whether you have knowledge of any flooding that has damaged the dwelling unit during your ownership.
  • Insurance Claims: Whether you have filed any flood damage claims with insurance providers, including the National Flood Insurance Program.
  • Government Assistance: Whether you have received assistance for flood damage, including from FEMA or other sources.

Definition of "Flooding"

The law defines flooding as a general or temporary condition of partial or complete inundation caused by:

  • Overflow of inland or tidal waters
  • Unusual and rapid accumulation of runoff or surface water from established sources (rivers, streams, drainage ditches)
  • Sustained periods of standing water resulting from rainfall

Required Form and Downloads

The law specifies the exact format for the flood disclosure. We have prepared the statutory form for your use:

Tenant Rights and Penalties for Non-Disclosure

Failure to provide the required flood disclosure creates significant liability exposure. If a landlord fails to properly disclose flooding history and a tenant subsequently suffers "substantial loss" from flooding, the tenant may:

  • Terminate the lease within 30 days of the flooding event by providing written notice and surrendering possession
  • Receive refund of all prepaid rent for periods after the termination date
  • The tenant remains liable only for unpaid rent or charges before termination

"Substantial loss" is defined as damage where the total cost of repairs or replacement equals 50% or more of the personal property's market value on the date flooding occurred.

Implementation Requirements

To comply with SB 948 by October 1, 2025, property managers and landlords should:

  • Review flooding history for all properties in your portfolio
  • Gather documentation of any past flooding incidents, insurance claims, or FEMA assistance
  • Incorporate the statutory flood disclosure form into your leasing process
  • Train leasing staff on the new requirements
  • Update property management systems to track disclosure completion
  • Establish record-keeping procedures for signed disclosure forms

Best Practices and Recommendations

Given the potential liability for non-disclosure, we recommend:

  • Thorough Investigation: If uncertain about a property's flooding history, conduct research before completing the disclosure
  • Honest Disclosure: Accurate "yes" answers are far preferable to incorrect "no" answers that could expose you to tenant termination rights
  • Insurance Discussion: The form reminds tenants that renters' insurance typically does not cover flood damage and encourages them to consider separate flood insurance
  • Documentation: Maintain copies of all completed flood disclosure forms in tenant files

Frequently Asked Questions

When does SB 948 take effect?
The flood disclosure requirements take effect on October 1, 2025. You are not required to use the disclosure form before this date.
Which rental agreements require flood disclosure?
The disclosure is required for residential rental agreements with terms of one year or longer. Short-term rentals under one year are not covered.
What if I don't know the property's flooding history?
You should investigate the property's history before completing the disclosure. Consider reviewing insurance records, FEMA databases, and local government records.
Can the disclosure be included within the lease document?
No, the law specifically requires the flood disclosure to be a separate document from the rental agreement.
What happens if flooding occurred before I owned the property?
The disclosure only requires information about flooding "during Landlord's ownership of the dwelling unit." You are not required to disclose flooding that occurred before you owned the property. If you know of previous flooding, the owner should still disclose the matter.
Do I need to provide this disclosure for lease renewals?
The law applies to the execution of rental agreements. For renewals where a new lease is signed, the disclosure would be required. Month-to-month continuations would not require new disclosures.
What if a tenant suffers flood damage but it's less than 50% of their property value?
The tenant's right to terminate only applies if they suffer "substantial loss," defined as 50% or more of their personal property's market value. Lesser flood damage would not trigger termination rights under this law.
How could I determine the market value of tenant personal property?
The law does not specify the method for determining market value. This could become a point of dispute. Tenants would need to demonstrate both the extent of damage and the replacement or market value of their affected personal property.

Legal Assistance

For guidance on implementing the flood disclosure requirements or questions about your specific properties and compliance obligations, contact the Law Offices of Heist, Weisse, and Wolk: