Florida Flood Disclosure for Landlords: SB 948 Requirements

Your tenant's couch got ruined when the street flooded during a summer storm. They're asking why you didn't tell them the property had flooded before. You didn't know you had to.

Quick answer: As of October 1, 2025, a Florida 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." It "must be in a separate document" and "made in substantially the following form" set out in the statute. The law—codified as Florida Statute 83.512—requires you to disclose flood history, insurance claims, and FEMA assistance. Skip it and a tenant who suffers "substantial loss or damage" to their belongings from flooding can end the lease by written notice and moving out within 30 days, and you refund rent or other amounts paid in advance for any period after the termination. Here's what you need to do.

What Florida Statute 83.512 Requires

Florida's flood disclosure law (enacted via SB 948 and codified at § 83.512) applies to residential rental agreements for one year or longer. Shorter leases—month-to-month, six-month terms—are exempt. The disclosure must be a separate document, not buried in the lease. You must provide it at or before the moment you execute the rental agreement.

The law took effect October 1, 2025. It expanded earlier flood disclosure requirements that applied only to property sales (HB 1049, effective October 2024). Landlords, mobile home park owners, and condominium developers now have parallel obligations. For rentals, the focus is on leases of 12 months or more—the kind of commitment where a tenant is making a real decision about where to live and what insurance to carry.

The statute says the disclosure "must be made in substantially the following form," and the form covers:

1. Flood insurance notice — That renters' insurance doesn't cover flood damage and the tenant should consider separate flood coverage. Standard landlord insurance covers your building; it doesn't cover the tenant's belongings. The National Flood Insurance Program offers contents-only policies for renters up to $100,000.
2. Knowledge of flooding — Whether you have knowledge of any flooding that damaged the dwelling unit during your ownership. "Flooding" is defined broadly: overflow of inland or tidal waters, unusual rapid accumulation of runoff or surface waters from rivers/streams/drainage ditches, or sustained standing water from rainfall. That includes street flooding that backs into a unit, not just river overflow.
3. Insurance claims — Whether you have filed a claim with any insurance provider for flood damage, including the NFIP.
4. FEMA or other assistance — Whether you have received assistance for flood damage, including from FEMA.

You check "has" or "has not" for each item. If you're unsure—you bought the property recently and don't know its history—you can disclose that you have no knowledge. But if you know the property flooded in 2017 and you filed a claim, you must say so. Lying is worse than omitting. The statute uses "has" and "has not" in the form—you're attesting to your knowledge at the time of signing. If your knowledge changes later (e.g., you find old insurance records), a supplemental disclosure is prudent.

How to Determine Your Property's Flood Zone

Tenants (and their insurers) care about future risk. FEMA's Flood Map Service Center lets you search by address and see your property's flood zone designation.

Zone AE — High-risk, 100-year flood zone (1% annual chance of flooding). Base Flood Elevation is published. Flood insurance is typically required for federally backed mortgages.

Zone VE — Coastal high-risk, subject to wave action and storm surge. Highest-risk mapped zones. Mandatory flood insurance for most lenders.

Zone X — Lower risk, outside the Special Flood Hazard Area. Flood insurance isn't required by lenders. Don't assume "X" means no risk—especially in Florida.

Storm surge, riverine flooding, rainfall flooding, and urban drainage backups all count. The statutory form doesn't ask for your flood zone, but if you're in or near one you can add it as a separate, voluntary note. Tenants deserve to know before they sign.

NFIP vs. private flood insurance. Landlords can purchase building coverage through the National Flood Insurance Program (FloodSmart lists building policies up to $250,000 for a home and contents policies up to $100,000) or from private carriers, who often offer higher limits and sometimes loss-of-rent coverage. NFIP policies have a 30-day waiting period; private policies may have 0–15 days. Florida flood insurance costs have risen under Risk Rating 2.0—FEMA's newer pricing model—though many policyholders saw decreases. Tenants need contents-only coverage; standard renters' insurance excludes flood. That's why the statutory form tells them to talk to their agent.

What Happens If You Don't Disclose

Section 83.512(2) sets the tenant's remedy: "If a landlord violates this section and a tenant suffers a substantial loss or damage to the tenant's personal property as a result of flooding, the tenant may terminate the rental agreement by giving a written notice of termination and surrendering possession of the premises to the landlord no later than 30 days after the date of the damage or loss. Termination of a rental agreement under this section is effective upon the tenant surrendering possession of the dwelling unit. For the purpose of this section, the term 'substantial loss or damage' means the total cost of repairs to or replacement of the personal property is 50 percent or more of the personal property's market value on the date the flooding occurred." In plain terms: if you didn't comply with the disclosure rule and a flood ruins at least half the value of the tenant's belongings, the tenant can end the lease, but only by giving written notice and moving out within 30 days of the loss.

What you owe back is in subsections (3) and (4): "A landlord shall refund the tenant all rent or other amounts paid in advance under the rental agreement for any period after the effective date of the termination of the rental agreement." And: "This section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the date the rental agreement was terminated by the tenant under this section." So the tenant still owes what was past due, but you lose the rest of the lease.

Example: Tenant pays first and last month's rent plus a security deposit. A flood ruins their furniture. They give written notice and move out within 30 days. You refund last month's rent and any prorated amounts. You keep rent for the period they occupied. You don't get to keep prepaid rent for months they won't occupy.

Common Mistakes

Burying the disclosure in the lease. The statute requires a separate document. A single paragraph in a 12-page lease doesn't satisfy the law.

Assuming Zone X means no disclosure. The disclosure is about *your knowledge* of past flooding and claims. Even in Zone X, if the property flooded before, you must disclose it.

Forgetting to update when you learn new information. If you discover flood history after the tenant moves in (e.g., from a prior owner's records), you should provide a supplemental disclosure. The statute doesn't explicitly require it, but it reduces risk if another flood occurs.

Skipping the disclosure for month-to-month or short-term leases. The law applies only to agreements of one year or longer. If you convert a 12-month lease to month-to-month, the initial disclosure still applies. New tenants on short-term leases don't get the disclosure—but if you're doing a lot of short-term rentals, consider disclosing anyway. It's good practice and protects you if a tenant later claims they weren't informed.

Treating "no knowledge" as a free pass. If you bought the property last year and the seller didn't disclose flood history, you may honestly have no knowledge. But if you have access to insurance claim records, prior listing descriptions, or FEMA assistance records, check them. Willful ignorance won't protect you if a court finds you should have known.

When to Get Help

If your property has complex flood history—multiple claims, FEMA buyouts, or disputed damage—talk to a Florida real estate attorney before drafting your disclosure. If a tenant has already suffered flood damage and is threatening to terminate, get legal advice before refunding or refusing. The 30-day window and the "substantial loss or damage" definition can be fact-intensive.

For routine compliance, use the statutory form language from § 83.512. Florida Realtors and the Florida Housing Coalition have published fillable forms that track the statute. Your Florida lease agreement should reference the flood disclosure as an attached exhibit.

Penalties for non-disclosure. The statute doesn't specify fines for failing to provide the disclosure. The remedy is tenant-initiated: termination and refund. But if you knowingly provide false information and a tenant suffers substantial loss or damage, you could face fraud or misrepresentation claims beyond the statutory remedy. Honest disclosure is the low-cost option. A few minutes at lease signing beats a refund dispute and a vacant unit later.

Tying It Into Your Broader Obligations

Flood disclosure sits alongside your other landlord responsibilities in Florida—maintaining habitability, handling security deposits, and providing required notices. It also connects to hurricane prep for rentals: storm surge and heavy rain are major flood drivers. Tenants in flood-prone areas should know their risk before hurricane season.

If you're not sure where your property stands, run the address through FEMA's map, pull your insurance claims history, and complete the disclosure honestly. It takes a few minutes and can save you from a terminated lease and a refund you didn't plan for. Lease clauses that try to waive the tenant's right to terminate for non-disclosure won't hold up—the statute creates a mandatory remedy. Get the disclosure right from the start.

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