After hurricanes Ian, Helene and Milton, flood history is one of the first things Southwest Florida buyers ask about. Florida now requires a written flood disclosure for home sellers. Here is what it covers and how to prepare if you are selling in Lee, Collier, Charlotte or Sarasota County.
What the Law Requires
Under section 689.302 of the Florida Statutes, sellers of residential real property must give the buyer a completed flood disclosure at or before the time the sales contract is signed. The requirement took effect on October 1, 2025, and the 2025 Legislature expanded the questions.
The disclosure asks, in yes-or-no form, whether during your ownership:
- you have filed a claim with an insurance provider for flood damage to the property;
- you have received assistance for flood damage, such as federal disaster assistance (the 2025 update broadened this beyond federal programs); and
- you are aware of flooding that damaged the property.
The form also includes a notice reminding buyers that standard homeowners insurance generally does not cover flood damage and encouraging them to look into flood insurance and the flood zone.
How to Prepare Before You List
- Gather your records. Insurance claims, FEMA or other assistance paperwork, repair invoices and permits.
- Know your flood zone. Look up your address on FEMA’s Flood Map Service Center or your city or county flood map.
- Find your elevation certificate if you have one; it can lower a buyer’s flood insurance quote.
- Document repairs. If your home was repaired after a storm, permits and final inspections help buyers and insurers feel confident.
- Be accurate and consistent. Your flood disclosure should match your other seller disclosures.
Why It Matters for Your Sale
Clear, early disclosure builds trust and reduces the chance of a deal falling apart after inspection or when the buyer shops for insurance. Florida courts already require residential sellers to disclose known material defects, and the flood disclosure makes the flood questions explicit. Not disclosing can expose a seller to legal claims after closing.
Selling a home that was damaged by a storm? We can help you price and market it honestly, and our broker, Sal DiBenedetto, also holds a Florida general contractor license, which helps when repairs and permits come up. See our flat fee listing options in Estero, Fort Myers, Cape Coral, Bonita Springs, Naples, Lehigh Acres, Golden Gate Estates, Punta Gorda, North Port and Sarasota, or our page on selling a storm-damaged home.
Frequently Asked Questions
When did Florida’s flood disclosure for home sellers take effect?
October 1, 2025. Sellers of residential real property must give the buyer a flood disclosure at or before the time the sales contract is signed.
What does the Florida flood disclosure ask?
Whether, during the seller’s ownership, the seller filed a flood insurance claim, received assistance for flood damage, and is aware of flooding that damaged the property. It also reminds buyers that homeowners insurance generally does not cover flood.
Do I still need to disclose other defects?
Yes. Florida sellers must still disclose known material defects that are not readily observable, in addition to the flood disclosure.
Sources: Florida Statutes section 689.302 and the Florida Senate analysis of SB 948 (2025). This article is general information, not legal or tax advice. Talk with a Florida real estate attorney or tax professional about your situation.
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