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FL · Flood-disclosure law

Does a Florida seller have to disclose flooding?

Florida (HB 1049, 2024) requires residential sellers to provide a written flood disclosure form to the buyer at or before contract execution, disclosing whether the seller has filed a flood-damage insurance claim (including NFIP claims) and whether the seller has received federal flood assistance (including FEMA), along with a notice that homeowners' insurance does not cover flood damage.

Florida at a glance

Flood-specific disclosure

The statute or the state-mandated form has dedicated flood questions — flood-zone status, flood history, prior claims, or flood-insurance history.

DisclosureRequired
Opt-outNone
Primary-source verified· verified June 16, 2026
Fla. Stat. § 689.302 (created by HB 1049, ch. 2024-215, effective Oct. 1, 2024)

The 4-card answer

Florida flood-disclosure, decoded

Whether the seller must disclose, what triggers it, the penalties, and any opt-out gotcha — each card cites its source.

Does the seller have to disclose flooding?

Disclosure required

Flood-specific disclosure

Florida (HB 1049, 2024) requires residential sellers to provide a written flood disclosure form to the buyer at or before contract execution, disclosing whether the seller has filed a flood-damage insurance claim (including NFIP claims) and whether the seller has received federal flood assistance (including FEMA), along with a notice that homeowners' insurance does not cover flood damage.

The statute or the state-mandated form has dedicated flood questions — flood-zone status, flood history, prior claims, or flood-insurance history.

Fla. Stat. § 689.302 (created by HB 1049, ch. 2024-215, effective Oct. 1, 2024)Primary-source verified· verified June 16, 2026

What triggers the duty

  • Sale of residential real property — disclosure due at or before the time the sales contract is executed
  • Seller has filed a claim with an insurance provider relating to flood damage (including NFIP)
  • Seller has received federal assistance for flood damage (including FEMA)

Penalties & remedies

Not specified by statute (§ 689.302 contains no express enforcement/penalty mechanism); general contract and misrepresentation law would apply.

Buyer remedy: Not specified by statute; general contract/misrepresentation remedies would apply.

Opt-out gotchas

No statutory opt-out or waiver-for-credit mechanism identified. The disclosure duty (where it exists) cannot simply be bought out.

Research note ▾

Confirmed via codified statute on flsenate.gov: seller must disclose (1) whether seller has filed a flood-damage insurance claim (incl. NFIP) and (2) whether seller has received federal assistance for flood damage; the form includes a disclaimer that homeowners' policies do not cover flood damage and encourages buyers to obtain flood insurance. Disclosure due at or before contract execution. NOTE: A 2025 amendment (effective Oct. 1, 2025) expanded the disclosure to include any flooding that damaged the property during the seller's ownership and broadened the assistance question beyond federal sources.

Buyer's rights

If you're buying in Florida

Your rights re-framed from the buyer's side, plus a pre-closing checklist that holds in every state.

What Florida law gives you as a buyer

Florida requires a seller disclosure (see the answer cards), so you have a statutory document to rely on — and a remedy if the seller knowingly withheld a material flood fact. Not specified by statute; general contract/misrepresentation remedies would apply.

Fla. Stat. § 689.302 (created by HB 1049, ch. 2024-215, effective Oct. 1, 2024)

Your pre-closing checklist (works in every state)

  • Pull a free FEMA flood-zone lookup

    Enter the address on FEMA's Flood Map Service Center to see the property's flood-zone designation (Special Flood Hazard Area = Zone A/V). This is public and free, regardless of what the seller discloses.

    msc.fema.gov ↗

  • Request a CLUE / loss-history report

    A C.L.U.E. (Comprehensive Loss Underwriting Exchange) report shows insurance claims filed on the property in the last ~7 years, including water and flood claims. The current owner can pull theirs free once a year from LexisNexis.

    LexisNexis consumer disclosure ↗

  • Get an independent inspection — ask about water

    Hire your own inspector and specifically flag drainage, grading, sump pumps, and signs of past water intrusion (staining, efflorescence, fresh paint in basements). An inspection contingency protects you if problems surface.

  • Get a flood-insurance quote before you waive contingencies

    Quote NFIP or private flood coverage early. Homeowners' insurance does NOT cover flood damage. A federally backed mortgage on a property in a Special Flood Hazard Area generally requires flood insurance — budget for it.

    floodsmart.gov ↗

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Step 2 — Your answer

Florida

Does the seller have to disclose flooding?

Disclosure required

Flood-specific disclosure

Florida (HB 1049, 2024) requires residential sellers to provide a written flood disclosure form to the buyer at or before contract execution, disclosing whether the seller has filed a flood-damage insurance claim (including NFIP claims) and whether the seller has received federal flood assistance (including FEMA), along with a notice that homeowners' insurance does not cover flood damage.

The statute or the state-mandated form has dedicated flood questions — flood-zone status, flood history, prior claims, or flood-insurance history.

Fla. Stat. § 689.302 (created by HB 1049, ch. 2024-215, effective Oct. 1, 2024)Primary-source verified· verified June 16, 2026

What triggers the duty

  • Sale of residential real property — disclosure due at or before the time the sales contract is executed
  • Seller has filed a claim with an insurance provider relating to flood damage (including NFIP)
  • Seller has received federal assistance for flood damage (including FEMA)

Penalties & remedies

Not specified by statute (§ 689.302 contains no express enforcement/penalty mechanism); general contract and misrepresentation law would apply.

Buyer remedy: Not specified by statute; general contract/misrepresentation remedies would apply.

Opt-out gotchas

No statutory opt-out or waiver-for-credit mechanism identified. The disclosure duty (where it exists) cannot simply be bought out.

Research note ▾

Confirmed via codified statute on flsenate.gov: seller must disclose (1) whether seller has filed a flood-damage insurance claim (incl. NFIP) and (2) whether seller has received federal assistance for flood damage; the form includes a disclaimer that homeowners' policies do not cover flood damage and encourages buyers to obtain flood insurance. Disclosure due at or before contract execution. NOTE: A 2025 amendment (effective Oct. 1, 2025) expanded the disclosure to include any flooding that damaged the property during the seller's ownership and broadened the assistance question beyond federal sources.

Summary of Florida law as of June 2026. Not legal advice.

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