Flood Disclosure in Florida: The Form Sellers Must Sign Since 2024
Flood disclosure Florida sellers must give buyers since October 2024 covers prior flood damage, insurance claims and federal assistance on the property. It does not say whether the home is in a flood zone. That is your job.
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Flood disclosure Florida sellers must provide since October 2024 tells buyers whether the seller knows of prior flood damage, filed flood insurance claims, or received federal flood assistance on the property.
It does not say whether the home sits in a flood zone; that remains the buyer's job. Our guide to flood insurance in Florida covers the policy.
The law
Florida Statutes section 689.302, effective October 1, 2024, requires a written flood disclosure at or before contract on residential sales.
The Florida Statutes section 689.302 sets the content.
Applies to sellers, not landlords, at this writing.
A separate 2025 expansion covers some rentals and new construction.
The form is short.
What it asks
Whether the seller has knowledge of flooding on the property during their ownership.
Whether the seller filed a flood insurance claim.
Whether the seller received federal flood assistance, such as FEMA aid.
Yes or no, with a definition of flooding.
Signed by the seller.
What it does not ask
The FEMA flood zone.
See our guide to flood zone remaps in Florida.
The elevation.
Flooding before the seller's ownership.
Whether flood insurance is required or what it costs.
Why it matters for the loan
A yes answer signals a property with flood history, which affects insurance availability and cost.
See our guide to Florida homeowners insurance cost.
Flood insurance is required by the lender in a Special Flood Hazard Area.
Prior claims raise NFIP premiums under current pricing.
Get the quote early.
Federal assistance and the obligation to insure
A property that received federal disaster assistance for flood damage must carry flood insurance going forward.
The obligation runs with the property.
A buyer inherits it.
A lapse can disqualify future assistance.
The disclosure's third question is about this.
The zone is separate
Check the FEMA map yourself.
The FEMA Map Service Center shows the zone by address.
The lender's flood determination comes with the loan.
See our guide to elevation certificates in Florida.
A no on the disclosure does not mean a low-risk zone.
Claims history
Ask for the seller's NFIP claims history in addition to the form.
NFIP records follow the property.
A CLUE report shows private insurance claims.
Compare to the disclosure's answers.
Discrepancies are questions.
Remedies
A seller who fails to provide the disclosure or misstates it is exposed to a claim under general disclosure law.
See our guide to seller disclosure in Florida.
The statute does not create a cancellation right by itself.
Litigation after closing is the remedy.
Inspection and insurance quotes before closing are the prevention.
New construction
Builders provide the disclosure on the lot's history.
See our guide to new construction mortgages in Florida.
A new home built to current elevation may sit on a lot that flooded before.
The elevation certificate answers the current risk.
Ask for both.
Condos
The unit seller discloses for the unit; the building's flood history is in the association's records.
See our guide to condo document review periods in Florida.
Ground-floor units and garages are the exposure.
The master flood policy's claims history matters.
Ask the association.
Rentals
Recent expansions require landlords to disclose flood history to tenants in some cases.
See our guide to how to buy a rental property in Florida.
Investors buying a rental receive the seller disclosure.
Landlord flood coverage is required by DSCR and conventional lenders in a zone.
Price it into the pro forma.
Using the disclosure
A yes on flooding: order an elevation certificate and a flood quote before the inspection period ends.
See our guide to inspection contingency waivers in Florida for why the period matters.
Inspect for water intrusion and mould.
See our guide to mold inspections and your mortgage in Florida.
Negotiate or walk.
Private flood insurance
Prior claims affect NFIP pricing; private carriers underwrite differently.
Get both quotes.
Lenders accept private policies meeting federal standards.
A home with a claim history may price better privately, or may be declined.
Shop early.
Sellers' side
Complete the form accurately; it is short and the exposure is long.
See our guide to what not to do before closing in Florida.
A prior claim is not a deal-breaker if disclosed with the repair records.
Provide the elevation certificate if you have one.
Buyers reward transparency with fewer renegotiations.
Timing
Delivered at or before contract signing.
See our guide to contract contingencies in Florida.
A missing form should be requested immediately.
The inspection period is when its answers get tested.
Do not close without it.
A worked purchase
The seller's form discloses one flood event and an NFIP claim from a prior storm.
The buyer orders an elevation certificate: the home sits below base flood elevation.
The flood quote is high; the buyer negotiates a credit toward elevating equipment and flood vents.
The lender escrows the premium.
The disclosure turned a surprise into a negotiation.
Reading it with the elevation certificate
The disclosure tells you the past; the certificate tells you the height.
A yes on flooding and a low elevation means a premium and a mitigation plan.
A no on flooding and a high elevation means a cheap policy.
The two documents together answer most of the flood question.
The FEMA map answers the rest.
Where to start
Ask for the flood disclosure form and the seller's NFIP claims history with the contract.
Check the FEMA zone and get a flood quote inside the inspection period.
Then start a conversation and we will put the flood premium into the payment estimate.