Florida's Flood Disclosure Law: What Sellers Must Provide

Florida law now requires a specific, written flood disclosure before a residential sales contract is signed, separate from any general disclosure about storm damage or a property's condition. Here is what the law actually requires, and how flooding differs from other kinds of Florida property damage already covered on this site.

Florida law requires a specific flood disclosure form

Under Florida Statute 689.302, a seller of residential real property must complete and provide a flood disclosure to the buyer at or before the time the sales contract is executed. The statute sets out the specific form and language the disclosure must use, including a statement that homeowners insurance does not cover flood damage, and questions about the seller's own knowledge, insurance claims, and any flood-related assistance received.

What the disclosure form actually asks

The statutory form requires the seller to state whether the seller has knowledge of any flooding that damaged the property during the seller's ownership, whether the seller has filed an insurance claim for flood damage, including specifically a National Flood Insurance Program claim, and whether the seller has received flood-related assistance, including from the Federal Emergency Management Agency. The statute defines "flooding" specifically: 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 water source, or sustained periods of standing water resulting from rainfall.

Flood insurance is a separate question from standard homeowners coverage

The disclosure form itself states this directly: homeowners insurance policies do not include coverage for damage resulting from floods, and a buyer is encouraged to discuss separate flood insurance coverage with their own insurance agent. This is a distinct issue from what a standard homeowners policy may or may not cover for wind or storm damage, which depends on the specific policy. Whether a property needs, has, or would qualify for separate flood insurance is a question for an insurance agent, not something this disclosure requirement resolves on its own.

How this differs from storm damage

This flood-specific disclosure is a different topic from wind, roof, or other storm-related damage. See our guide on selling a storm-damaged house in Florida for how that separate category of damage affects a sale. A property can have flood history without storm damage, storm damage without flood history, both, or neither, and each has to be evaluated and disclosed on its own facts.

Where a direct sale fits

The flood disclosure requirement applies regardless of how a house is sold, whether through a real estate agent or directly to a cash buyer. It does not go away with an as-is sale, and it has to be completed and provided at or before the sales contract is signed. What a cash, as-is sale can remove is the need to first remediate flood damage or wait on an insurance claim to resolve before finding a buyer, since neither is a precondition for an as-is offer. The disclosure itself, and its accuracy, remains the seller's responsibility either way.

Frequently asked questions

Does Florida require sellers to disclose flood history?

Yes. Under Florida law (F.S. 689.302), a seller of residential real property must complete and provide a specific flood disclosure form to the buyer at or before the time the sales contract is executed. This is a statutory requirement, not just a general practice.

What does the Florida flood disclosure form actually ask?

It asks the seller to state, using the statute's own language, whether the seller has knowledge of any flooding that damaged the property during the seller's ownership, whether the seller has filed an insurance claim for flood damage (including a National Flood Insurance Program claim), and whether the seller has received flood-related assistance, including from FEMA. It also includes a statement that standard homeowners insurance does not cover flood damage.

Is flood damage covered by regular homeowners insurance in Florida?

No. Florida's own flood disclosure form states plainly that homeowners' insurance policies do not include coverage for flood damage, and that separate flood insurance coverage is a distinct product. This is a different issue from wind or storm damage, which standard homeowners policies may cover depending on the policy.

How is this different from disclosing storm or hurricane damage?

Flooding, as defined in F.S. 689.302, specifically means inundation of the property from overflow of waters, rapid accumulation of runoff, or sustained standing water from rainfall. Wind damage, roof damage, and other storm-related issues are a separate category with their own disclosure and insurance considerations. A property can have one type of damage without the other, and each has to be evaluated on its own facts.

Need to sell a house with flood history and want to understand your disclosure obligations? Call OfferLink at 407-584-9111. We buy as-is across Florida, including Brevard County, Volusia County, and Pinellas County. This article is general information, not legal advice. A Florida real estate attorney can advise on completing the disclosure accurately for your specific property.