🚨 What Is the New Florida Flood Disclosure Law?

The Florida Flood Disclosure Law was passed on June 20, 2025, and will be enforced starting October 1, 2025. It creates a new statute — Florida Statute 83.512 — that legally mandates disclosure of past flooding and flood-related insurance activity to prospective tenants.

The Key Purpose?

To help tenants understand their flood risk before signing a lease, and to encourage renter awareness and insurance preparedness.

📄 What Does the Law Require Landlords to Do?

Under this law, landlords must provide tenants with a standardized flood disclosure addendum. The language of the disclosure is already written into the statute — no legal guesswork required.

Here are the key requirements:

1. The disclosure must be signed before or at the same time as the lease.

   • No late add-ons.

   • Include it during application or lease signing.

2. The disclosure must be a separate addendum.

   • You can’t hide it in a 60-page lease on page 45 in small font.

   • It must be clearly labeled and easy to find.

3. The disclosure must answer 3 key flood-related questions:

   • Has the property ever flooded, to your knowledge?

   • Have you filed any flood-related insurance claims?

   • Have you received any flood assistance (e.g., FEMA) for this property?

4. Include a definition of “flood.”

   • This includes not just hurricanes, but also tropical storms, standing rainwater, drainage ditch overflows, and inland tidal surges.

📍 Why This Matters to Landlords in Southwest Florida

In regions like Fort Myers, Sanibel, St. James City, and surrounding areas, flooding can happen even without a hurricane. In 2025 alone, parts of Southwest Florida experienced flooding from heavy storms — no named hurricanes required.

Many renters (and landlords) assume they’re covered by basic insurance policies — but that’s not always the case:

• Renter’s insurance usually does not include flood coverage

• Landlord policies don’t automatically include flood insurance either

• Flood zones have changed dramatically since Hurricane Ian

This law ensures transparency — and helps protect you legally in case a tenant experiences damage.

✅ How to Implement the New Disclosure (Landlord Version)

If you’re a landlord managing your own properties, implementation is relatively simple.

Step-by-Step:

1. Download the standardized disclosure language
   You can find it via your property manager, legal advisor, or firms like the Law Offices of Heist, Weiss & Wolk.

2. Answer the three questions truthfully

   • For as long as you have owned the property, answer based on your knowledge.

   • You’re not liable for flooding that occurred before your ownership — but you should disclose what you do know.

3. Add the form as a lease addendum

   • Present it before or at lease signing

   • Get it signed and dated by both parties

4. File and back it up

   • Save a physical copy in your lease file

   • Back it up digitally in your owner records (Dropbox, Google Drive, etc.)

5. Don’t forget lease renewals!

   • If a tenant is renewing after October 1, you’ll need to provide and sign the disclosure at the time of renewal.

⚠️ What Happens If You Don’t Comply?

Failing to follow this new law opens you up to serious liability.

Potential Consequences:

• Tenant can terminate the lease
  If flood damage occurs and 50% of the tenant’s personal property value is lost, they can legally walk away from the lease.

• Advance rent and deposits must be returned
  Once the tenant gives back possession (keys, etc.), any prepaid rent must be refunded — minus any past due rent before the flood.

• You may face legal exposure
  If you knew the property had a flood history and didn’t disclose it, you and the property could become targets of litigation.

💬 Expert Quote from Michael McVety

“This new law isn’t just red tape — it’s about clarity and fairness. We’ve seen firsthand how unexpected storms can flood properties and you are helping notify the renters to consider flood insurance based on the property’s history.  This protects the renter, the property manager and the landlord.”

🔁 Recap: Landlord Checklist for SB 948 Compliance

1. ✅ Read and understand Florida Statute 83.512

2. 🧾 Use the pre-written flood disclosure addendum

3. ✍️ Provide and sign it before or at lease signing

4. 💾 File it both physically and/or electronically

5. 🔁 Apply it to all lease renewals starting Oct 1, 2025

6. 📣 Communicate with tenants

❓FAQ: Florida Flood Disclosure Law for Landlords

Q1: What if I just bought the property — do I still have to disclose flood history?

Yes — based on what you know during your period of ownership. You’re not responsible for 30-year-old flood events you were unaware of.

Q2: Do I need a lawyer to create the addendum?

No. The required language is included in the state statute. You can use official resources or ask your property manager to provide the correct form.

Q3: What counts as “flooding”?

Per the statute, flooding includes:

• Standing water from heavy rain

• Overflow from ditches or drains

• Inland or tidal water intrusion

It’s not limited to hurricanes.

Q4: Does this apply to all rental properties?

Yes — it applies to all residential leases 12 months (or more) in Florida starting October 1, 2025, regardless of flood zone designation.

Q5: Can tenants break the lease if flooding occurs?

Yes — if the flood causes substantial damage (typically 50% or more of the value of their personal belongings), they may legally terminate the lease and request return of deposits.

✅ Stay compliant. Stay transparent. Stay protected.