Florida Statutes 689.302: Seller Flood Disclosure, HB 1049 (2024) and SB 948 (2025)

Quick Answer

Section 689.302 of the Florida Statutes requires a seller of residential real property to complete and give the purchaser a flood disclosure "at or before the time the sales contract is executed." It was created by chapter 2024-215 (House Bill 1049, effective October 1, 2024) and amended by chapter 2025-166 (Senate Bill 948, effective October 1, 2025). Senate Bill 948 also added flood disclosure duties to the condominium developer-sale section, 718.503. The statute states the form but, in the text we read, no penalty.

At a Glance

What the Law Says

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 statute gives the form:

• A statement that homeowners' insurance policies "do not include coverage for damage resulting from floods," and that the buyer is encouraged to discuss separate flood insurance with an insurance agent.
• Whether the seller has or has no knowledge of any flooding that damaged the property during the seller's ownership.
• Whether the seller has or has not filed a claim with an insurance provider for flood damage, including a claim with the National Flood Insurance Program.
• Whether the seller has or has not received assistance for flood damage, including from the Federal Emergency Management Agency.
• A definition of "flooding": partial or complete inundation of the property caused by overflow of inland or tidal waters, unusual and rapid accumulation of runoff or surface waters from an established water source, or sustained periods of standing water from rainfall.

Condominiums

Section 718.503(1)(a)9. requires a developer's residential condominium sales contract to contain a similar flood statement, covering the property "or common elements." The text we read of 718.503(2), for resales by non-developer owners, does not contain a flood statement; section 689.302 would apply to a resale as a seller of residential real property (our reading, confirm with counsel).

What This Means in Practice

For boards

Section 689.302 puts the duty on the seller, not the association. Our reading: an association that holds records of flood events or insurance claims affecting common elements may get requests for that information from owners completing the form. The statute does not require the association to answer, and we did not find a statutory deadline.

For owners and buyers

Sellers answer from their own knowledge of their ownership period. The form asks about the property, not the neighborhood. Buyers can use the answers as a prompt to check flood insurance with an agent.

Open questions (our reading)

• The text does not say what happens if a seller omits or misstates the disclosure. We did not research case law.
• The text does not say how the disclosure applies to a unit's common elements in a resale.

Timeline

Related Florida Law

• Section 718.503: condominium sale disclosures
• Chapter 718: the Condominium Act
• Florida HOA laws complete guide

Board Checklist

• Keep a dated record of flood events and insurance claims affecting common elements.
• Decide who answers owner or agent questions about common-element flood history.
• Review the association's flood coverage with its insurance agent.
• Keep sale document packages separate from flood records.
• Ask counsel how the disclosure applies to resales in your building.

Frequently Asked Questions

Who must give the Florida flood disclosure?

The seller of residential real property, at or before contract execution.

What does the form ask?

Whether the seller knows of flooding during ownership, has filed a flood insurance claim, or has received flood assistance, plus the insurance notice.

When did it take effect?

October 1, 2024, per the HB 1049 bill page; SB 948 amendments took effect October 1, 2025.

Does it apply to condo developers?

Yes, through section 718.503(1)(a)9.

Does the association have to complete it?

The statute puts the duty on the seller. We found no association duty in the text.

Is there a penalty?

None is stated in the section text we read.

Where This Comes From

We read the full text and history of section 689.302 (section 689.302), section 718.503, and the Florida Senate bill pages for House Bill 1049 (2024) and Senate Bill 948 (2025). We did not read the enrolled bill text, bill analyses or case law.

Where We Stand

Our position: we support. Telling buyers about flood history and the need for separate flood insurance is a low-cost disclosure in a state with frequent flooding. Practical tip: associations should keep dated records of flood events and claims on common elements so questions can be answered consistently. This is Association Property Managers' operating view as a management company, separate from the legal summary above, and it is not legal advice.

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Florida attorney before acting.