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Florida's Flood Disclosure Law: What Every Seller Must Disclose (Fla. Stat. 689.302)

Florida has always had water. What it did not have, until recently, was a statewide law requiring home sellers to tell buyers what they know about a property's flood history. That changed with the flood disclosure law at Section 689.302, Florida Statutes, which applies to residential sales across the state. Here is what it requires, what it does not do, and how sellers and buyers should handle it.

What the Law Requires

A seller of residential real property in Florida must complete and provide a flood disclosure to the buyer at or before the time the sales contract is executed. The disclosure uses a form set out in the statute, and it covers three specific items:

1. Knowledge of flood damage. Whether the seller has knowledge of any flooding that has damaged the property during the seller's ownership of it.
2. Insurance claims. Whether the seller has filed a claim with an insurance provider relating to flood damage on the property, including a claim with the National Flood Insurance Program (NFIP).
3. Flood assistance. Whether the seller has received assistance for flood damage to the property, including assistance from the Federal Emergency Management Agency (FEMA).

The form also carries a notice for buyers: homeowners' insurance policies do not include coverage for damage resulting from floods, and buyers are encouraged to discuss purchasing separate flood insurance with their insurance agent.

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

When It Applies

The law applies to residential real property sales throughout Florida — single-family homes and condominiums alike. There is no exception for upper-floor condo units: if it is a residential sale, the flood disclosure is part of the transaction. It is also a timing-sensitive document. Because it must be delivered at or before contract execution, it belongs at the front of the deal, not in the pile of papers assembled the week before closing.

Note what the questions are anchored to: the seller's own knowledge and experience during the seller's ownership. A seller answers for the period they owned the property — what happened to the home, what claims they filed, and what assistance they received.

A Disclosure Is Not a Warranty

This is the point both sides most often misunderstand. The flood disclosure reports history; it does not guarantee the future. A seller who checks "no knowledge" is stating that they are not aware of flooding that damaged the property while they owned it — they are not promising the property will never flood. Conversely, a disclosed past incident does not automatically mean the home is a bad purchase; it means the buyer can price the risk, budget for insurance, and investigate properly.

The flood disclosure also does not replace anything else in a transaction. It sits alongside the seller's other disclosure obligations and the buyer's inspection rights — it does not substitute for either.

Practical Advice for Sellers

- Answer the three questions honestly and exactly as asked. Do not guess, minimize, or add explanations the form does not call for.
- Keep your records. If you did file a flood claim or receive assistance, keep the claim paperwork, repair invoices, and permits. Buyers and their lenders may ask, and documentation turns a disclosure into a non-issue.
- Deliver it on time. Build the completed form into your listing paperwork so it goes out with the contract, every time. A missing or late flood disclosure creates closing problems that are entirely avoidable.

Practical Advice for Buyers

- Read the disclosure, then verify independently. Even with a clean disclosure, get a flood insurance quote early in the contract period — flood policies can have waiting periods, and you want real premium numbers before your deadlines expire.
- Consider an elevation certificate. It gives your insurer the data to price the policy accurately and gives you a clearer picture of the property's elevation relative to flood risk.
- Check the maps and ask local questions. Review the property's flood zone, and ask about street drainage and standing water after heavy rain — sustained standing water from rainfall counts as flooding under the statute, and your seller's answers cover only what they know.

Handled early and answered straight, the flood disclosure takes five minutes — and it is five minutes that protects the whole transaction.

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This article is general information about Florida real estate practice, not legal advice; consult a licensed Florida attorney about your specific situation.

Questions about a sale and what needs to be disclosed? Call XPN Realty at 954-612-8454 — our team handles the flood disclosure on every sale we work.