Florida HB 1049 (effective 2024-10-01)
Florida HB 1049 (2024) created Fla. Stat. § 689.302, requiring sellers of residential real property to complete and deliver a written 'Flood Disclosure' form to the buyer at or before the time the sales contract is executed. The form must disclose (1) whether the seller has filed a claim with any insurance provider relating to flood damage to the property (including a National Flood Insurance Program / NFIP claim) and (2) whether the seller has ever received federal assistance for flood damage to the property (including FEMA assistance). The disclosure also includes a disclaimer that homeowners' insurance policies do not cover flood damage and that buyers are encouraged to discuss separate flood-insurance coverage with their insurance agent. The statute defines 'flooding' broadly (overflow of inland/tidal waters, rapid runoff accumulation, or sustained standing water from rainfall). A 2025 amendment (effective Oct. 1, 2025) expanded the disclosure to also cover flooding that damaged the property during the seller's ownership and broadened the assistance question. NOTE: § 689.302 as enacted contains no express statutory penalty/remedy mechanism; general contract and misrepresentation law applies.
Fla. Stat. § 689.302