○ 719.103 Definitions. ● For the purpose of incorporating the amendment made by this act to section 719.106, Florida Statutes, in references thereto, paragraph (a) of subsection (7) and paragraph (c) of subsection (20) of section 719.504, Florida Statutes, ○ 719.504 Prospectus or offering circular. -
● For the purpose of incorporating the amendment made by this act to section 718.301, Florida Statutes, in a reference thereto, subsection (2) of section 718.705, Florida Statutes, ○ 718.705 Board of administration; transfer of control. ● For the purpose of incorporating the amendment made by this act to section 719.106, Florida Statutes, subsection (24) of section 719.103, Florida Statutes,
Florida Statutes: Real Property - Condominium Flood Disclosures [Chapter 2025-166, SB 948, Effective October 1, 2025]
The bill requires a landlord of residential rental property or a mobile home park owner to disclose certain information regarding flood risks and past flooding of the property to prospective tenants. A tenant who does not receive the disclosures and who incurs substantial losses or damages due to flooding may terminate the lease and may be entitled to refund of advance rents paid if certain conditions are met. Similarly, the bill requires the developer of a condominium or cooperative to disclose information relating to flood risks and past flooding of the property in a contract for the sale or long-term rental of a condominium or cooperative unit. Lastly, the bill expands the flood- related disclosures required under current law that must be provided to a prospective purchaser of residential real property. The bill requires the seller to disclose whether he or she is aware of any flood damage that occurred during his or her ownership and whether he or she has received assistance from any source for flood damage to the property, as opposed to just federal sources. The bill also created F.S. 83.512; requiring a landlord of residential real property to provide specified information to a prospective tenant at or before the time the rental agreement is executed; providing that if a landlord fails to disclose flood information truthfully and a tenant suffers substantial loss or damage, the tenant may terminate the rental agreement by giving a written notice of termination and surrendering possession of the premises to the landlord within a specified timeframe; amending F.S. 689.302, 718.503, 719.503, 723.011 revising the flood information that must be disclosed to prospective purchasers of residential real property; requiring a developer of a residential condominium, cooperative unit, and park owner of a mobile home part to provide specified information to a prospective purchaser/lessee at or before the time the sales contract is executed. F.S. 83.512 Disclosure of flood risks to prospective tenant of residential real property. (1) A landlord must complete and provide a flood disclosure to a prospective tenant of residential real property at or before the execution of a rental agreement for a term of 1 year or longer. The flood disclosure must be in a separate document. The flood disclosure must be made in substantially the following form: F.S. 689.302 Disclosure of flood risks to prospective purchaser. A seller must complete and provide a flood disclosure to a purchaser of residential real property at or before the time the sales contract is executed. The flood disclosure must be made in the form as described in statute, adding to the disclosure form the following: (1) Seller has has no knowledge of any flooding that has damaged the property during Seller’s ownership of the property.
Paragraph (a) of subsection (1) of F.S. 718.503 is amended to read: 718.503 Developer disclosure prior to sale; non- developer unit owner disclosure prior to sale; voidability. - (1) DEVELOPER DISCLOSURE. (a) Contents of contracts. - Any contract for the sale of a residential unit or a lease thereof for an unexpired term of more than 5 years shall: (Added): F.S. 718.503 and F.S. 719.503 Added to Developer disclosure prior to sale: 9. Contain within the text the following statement in conspicuous type: HOMEOWNERS’ INSURANCE POLICIES DO NOT INCLUDE COVERAGE RESULTING FROM FLOODING. BUYER IS ENCOURAGED TO DISCUSS THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE COVERAGE WITH BUYER’S INSURANCE AGENT. DEVELOPER HAS HAS NO KNOWLEDGE OF ANY FLOODING THAT HAS DAMAGED THE PROPERTY DURING THE DEVELOPER’S OWNERSHIP OF THE PROPERTY. DEVELOPER HAS HAS NOT FILED A CLAIM WITH AN INSURANCE PROVIDER RELATING TO FLOOD DAMAGE ON THE PROPERTY OR COMMON ELEMENTS, INCLUDING, BUT NOT LIMITED TO, A CLAIM WITH THE NATIONAL FLOOD INSURANCE PROGRAM. DEVELOPER HAS HAS NOT RECEIVED ASSISTANCE FOR FLOOD DAMAGE TO THE PROPERTY OR COMMON ELEMENTS, INCLUDING, BUT NOT LIMITED TO, ASSISTANCE FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY. FOR THE PURPOSES OF THIS DISCLOSURE, THE TERM “FLOODING” MEANS A GENERAL OR TEMPORARY CONDITION OF PARTIAL OR COMPLETE INUNDATION OF THE PROPERTY OR COMMON ELEMENTS CAUSED BY THE OVERFLOW OF INLAND OR TIDAL WATERS; THE UNUSUAL AND RAPID ACCUMULATION OF RUNOFF OR SURFACE WATERS FROM ANY ESTABLISHED WATER SOURCE, SUCH AS A RIVER, STREAM, OR DRAINAGE DITCH; OR SUSTAINED PERIODS OF STANDING WATER RESULTING FROM RAINFALL. F.S. 723.011 Disclosure prior to rental of a mobile home lot; prospectus, filing, approval. (6)(a) A mobile home park owner must complete and provide a flood disclosure to a prospective lessee of a mobile home lot. Delivery must be made prior to execution of the lot rental agreement or at the time of occupancy, whichever occurs first. The flood disclosure must be in a separate document. The flood disclosure must be made in substantially the following form:
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