Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for SB 948
Ì625674AÎ625674
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/01/2025 .
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The Committee on Rules (Bradley) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 83.512, Florida Statutes, is created to
6 read:
7 83.512 Disclosure of flood risks to prospective tenant of
8 residential real property.—
9 (1) A landlord must complete and provide a flood disclosure
10 to a prospective tenant of residential real property at or
11 before the execution of a rental agreement for a term of 1 year
12 or longer. The flood disclosure must be in a separate document.
13 The flood disclosure must be made in substantially the following
14 form:
15
16 FLOOD DISCLOSURE
17 Flood Insurance: Renters’ insurance policies do not
18 include coverage for damage resulting from floods.
19 Tenant is encouraged to discuss the need to purchase
20 separate flood insurance coverage with Tenant’s
21 insurance agent.
22 1. Landlord has .... has no .... knowledge of any
23 flooding that has damaged the dwelling unit during
24 Landlord’s ownership of the dwelling unit.
25 2. Landlord has .... has not .... filed a claim
26 with an insurance provider relating to flood damage in
27 the dwelling unit, including, but not limited to, a
28 claim with the National Flood Insurance Program.
29 3. Landlord has .... has not .... received
30 assistance for flood damage to the dwelling unit,
31 including, but not limited to, assistance from the
32 Federal Emergency Management Agency.
33 4. For the purposes of this disclosure, the term
34 “flooding” means a general or temporary condition of
35 partial or complete inundation of the dwelling unit
36 caused by any of the following:
37 a. The overflow of inland or tidal waters.
38 b. The unusual and rapid accumulation of runoff
39 or surface waters from any established water source,
40 such as a river, stream, or drainage ditch.
41 c. Sustained periods of standing water resulting
42 from rainfall.
43
44 (2) If a landlord violates this section and a tenant
45 suffers a substantial loss or damage to the tenant’s personal
46 property as a result of flooding, the tenant may terminate the
47 rental agreement by giving a written notice of termination to
48 the landlord no later than 30 days after the date of the damage
49 or loss. Termination of a rental agreement under this section is
50 effective upon the tenant surrendering possession of the
51 dwelling unit. For the purpose of this section, the term
52 “substantial loss or damage” means the total cost of repairs to
53 or replacement of the personal property is 50 percent or more of
54 the personal property’s market value on the date the flooding
55 occurred.
56 (3) A landlord shall refund the tenant all rent or other
57 amounts paid in advance under the rental agreement for any
58 period after the effective date of the termination of the rental
59 agreement.
60 (4) This section does not affect a tenant’s liability for
61 delinquent, unpaid rent or other sums owed to the landlord
62 before the date the rental agreement was terminated by the
63 tenant under this section.
64 Section 2. Section 689.302, Florida Statutes, is amended to
65 read:
66 689.302 Disclosure of flood risks to prospective
67 purchaser.—A seller must complete and provide a flood disclosure
68 to a purchaser of residential real property at or before the
69 time the sales contract is executed. The flood disclosure must
70 be made in the following form:
71
72 FLOOD DISCLOSURE
73 Flood Insurance: Homeowners’ insurance policies do not
74 include coverage for damage resulting from floods.
75 Buyer is encouraged to discuss the need to purchase
76 separate flood insurance coverage with Buyer’s
77 insurance agent.
78 (1) Seller has ☐ has no ☐ knowledge of any
79 flooding that has damaged the property during Seller’s
80 ownership of the property.
81 (2) Seller has ☐ has not ☐ filed a claim with an
82 insurance provider relating to flood damage on the
83 property, including, but not limited to, a claim with
84 the National Flood Insurance Program.
85 (3)(2) Seller has ☐ has not ☐ received federal
86 assistance for flood damage to the property,
87 including, but not limited to, assistance from the
88 Federal Emergency Management Agency.
89 (4)(3) For the purposes of this disclosure, the
90 term “flooding” means a general or temporary condition
91 of partial or complete inundation of the property
92 caused by any of the following:
93 (a) The overflow of inland or tidal waters.
94 (b) The unusual and rapid accumulation of runoff
95 or surface waters from any established water source,
96 such as a river, stream, or drainage ditch.
97 (c) Sustained periods of standing water resulting
98 from rainfall.
99
100 Section 3. Paragraph (a) of subsection (1) of section
101 718.503, Florida Statutes, is amended to read:
102 718.503 Developer disclosure prior to sale; nondeveloper
103 unit owner disclosure prior to sale; voidability.—
104 (1) DEVELOPER DISCLOSURE.—
105 (a) Contents of contracts.—Any contract for the sale of a
106 residential unit or a lease thereof for an unexpired term of
107 more than 5 years shall:
108 1. Contain the following legend in conspicuous type:
109
110 THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING
111 WRITTEN NOTICE OF THE BUYER’S INTENTION TO CANCEL
112 WITHIN 15 DAYS AFTER THE DATE OF EXECUTION OF THIS
113 AGREEMENT BY THE BUYER, AND RECEIPT BY BUYER OF ALL OF
114 THE ITEMS REQUIRED TO BE DELIVERED TO HIM OR HER BY
115 THE DEVELOPER UNDER SECTION 718.503, FLORIDA STATUTES.
116 THIS AGREEMENT IS ALSO VOIDABLE BY BUYER BY DELIVERING
117 WRITTEN NOTICE OF THE BUYER’S INTENTION TO CANCEL
118 WITHIN 15 DAYS AFTER THE DATE OF RECEIPT FROM THE
119 DEVELOPER OF ANY AMENDMENT WHICH MATERIALLY ALTERS OR
120 MODIFIES THE OFFERING IN A MANNER THAT IS ADVERSE TO
121 THE BUYER. ANY PURPORTED WAIVER OF THESE VOIDABILITY
122 RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE
123 TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15 DAYS
124 AFTER THE BUYER HAS RECEIVED ALL OF THE ITEMS
125 REQUIRED. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL
126 TERMINATE AT CLOSING. FIGURES CONTAINED IN ANY BUDGET
127 DELIVERED TO THE BUYER PREPARED IN ACCORDANCE WITH THE
128 CONDOMINIUM ACT ARE ESTIMATES ONLY AND REPRESENT AN
129 APPROXIMATION OF FUTURE EXPENSES BASED ON FACTS AND
130 CIRCUMSTANCES EXISTING AT THE TIME OF THE PREPARATION
131 OF THE BUDGET BY THE DEVELOPER. ACTUAL COSTS OF SUCH
132 ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH CHANGES IN
133 COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN THE
134 OFFERING.
135
136 2. Contain the following caveat in conspicuous type on the
137 first page of the contract:
138
139 ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS
140 CORRECTLY STATING THE REPRESENTATIONS OF THE
141 DEVELOPER. FOR CORRECT REPRESENTATIONS, REFERENCE
142 SHOULD BE MADE TO THIS CONTRACT AND THE DOCUMENTS
143 REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO BE
144 FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE.
145
146 3. If the unit has been occupied by someone other than the
147 buyer, contain a statement that the unit has been occupied.
148 4. If the contract is for the sale or transfer of a unit
149 subject to a lease, include as an exhibit a copy of the executed
150 lease and shall contain within the text in conspicuous type:
151 “THE UNIT IS SUBJECT TO A LEASE (OR SUBLEASE).”
152 5. If the contract is for the lease of a unit for a term of
153 5 years or more, include as an exhibit a copy of the proposed
154 lease.
155 6. If the contract is for the sale or lease of a unit that
156 is subject to a lien for rent payable under a lease of a
157 recreational facility or other commonly used facility, contain
158 within the text the following statement in conspicuous type:
159
160 THIS CONTRACT IS FOR THE TRANSFER OF A UNIT THAT IS
161 SUBJECT TO A LIEN FOR RENT PAYABLE UNDER A LEASE OF
162 COMMONLY USED FACILITIES. FAILURE TO PAY RENT MAY
163 RESULT IN FORECLOSURE OF THE LIEN.
164
165 7. State the name and address of the escrow agent required
166 by s. 718.202 and state that the purchaser may obtain a receipt
167 for his or her deposit from the escrow agent upon request.
168 8. If the contract is for the sale or transfer of a unit in
169 a condominium in which timeshare estates have been or may be
170 created, contain within the text in conspicuous type: “UNITS IN
171 THIS CONDOMINIUM ARE SUBJECT TO TIMESHARE ESTATES.” The contract
172 for the sale of a fee interest in a timeshare estate shall also
173 contain, in conspicuous type, the following:
174
175 FOR THE PURPOSE OF AD VALOREM TAXES OR SPECIAL
176 ASSESSMENTS LEVIED BY TAXING AUTHORITIES AGAINST A FEE
177 INTEREST IN A TIMESHARE ESTATE, THE MANAGING ENTITY IS
178 GENERALLY CONSIDERED THE TAXPAYER UNDER FLORIDA LAW.
179 YOU HAVE THE RIGHT TO CHALLENGE AN ASSESSMENT BY A
180 TAXING AUTHORITY RELATING TO YOUR TIMESHARE ESTATE
181 PURSUANT TO THE PROVISIONS OF CHAPTER 194, FLORIDA
182 STATUTES.
183
184 9. Contain within the text the following statement in
185 conspicuous type:
186
187 HOMEOWNERS’ INSURANCE POLICIES DO NOT INCLUDE COVERAGE
188 FOR DAMAGE RESULTING FROM FLOODING. BUYER IS
189 ENCOURAGED TO DISCUSS THE NEED TO PURCHASE SEPARATE
190 FLOOD INSURANCE COVERAGE WITH BUYER’S INSURANCE AGENT.
191
192 DEVELOPER HAS .... HAS NO .... KNOWLEDGE OF ANY
193 FLOODING THAT HAS DAMAGED THE PROPERTY DURING
194 DEVELOPER’S OWNERSHIP OF THE PROPERTY.
195
196 DEVELOPER HAS .... HAS NOT .... FILED A CLAIM WITH AN
197 INSURANCE PROVIDER RELATING TO FLOOD DAMAGE ON THE
198 PROPERTY OR COMMON ELEMENTS, INCLUDING, BUT NOT
199 LIMITED TO, A CLAIM WITH THE NATIONAL FLOOD INSURANCE
200 PROGRAM.
201
202 DEVELOPER HAS .... HAS NOT .... RECEIVED ASSISTANCE
203 FOR FLOOD DAMAGE TO THE PROPERTY OR COMMON ELEMENTS,
204 INCLUDING, BUT NOT LIMITED TO, ASSISTANCE FROM THE
205 FEDERAL EMERGENCY MANAGEMENT AGENCY.
206
207 FOR THE PURPOSES OF THIS DISCLOSURE, THE TERM
208 “FLOODING” MEANS A GENERAL OR TEMPORARY CONDITION OF
209 PARTIAL OR COMPLETE INUNDATION OF THE PROPERTY OR
210 COMMON ELEMENTS CAUSED BY THE OVERFLOW OF INLAND OR
211 TIDAL WATERS; THE UNUSUAL AND RAPID ACCUMULATION OF
212 RUNOFF OR SURFACE WATERS FROM ANY ESTABLISHED WATER
213 SOURCE, SUCH AS A RIVER, STREAM, OR DRAINAGE DITCH; OR
214 SUSTAINED PERIODS OF STANDING WATER RESULTING FROM
215 RAINFALL.
216
217 Section 4. Paragraph (a) of subsection (1) of section
218 719.503, Florida Statutes, is amended to read:
219 719.503 Disclosure prior to sale.—
220 (1) DEVELOPER DISCLOSURE.—
221 (a) Contents of contracts.—Any contracts for the sale of a
222 unit or a lease thereof for an unexpired term of more than 5
223 years shall contain:
224 1. The following legend in conspicuous type:
225
226 THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING
227 WRITTEN NOTICE OF THE BUYER’S INTENTION TO CANCEL
228 WITHIN 15 DAYS AFTER THE DATE OF EXECUTION OF THIS
229 AGREEMENT BY THE BUYER, AND RECEIPT BY BUYER OF ALL OF
230 THE ITEMS REQUIRED TO BE DELIVERED TO HIM OR HER BY
231 THE DEVELOPER UNDER SECTION 719.503, FLORIDA STATUTES.
232 THIS AGREEMENT IS ALSO VOIDABLE BY BUYER BY DELIVERING
233 WRITTEN NOTICE OF THE BUYER’S INTENTION TO CANCEL
234 WITHIN 15 DAYS AFTER THE DATE OF RECEIPT FROM THE
235 DEVELOPER OF ANY AMENDMENT WHICH MATERIALLY ALTERS OR
236 MODIFIES THE OFFERING IN A MANNER THAT IS ADVERSE TO
237 THE BUYER. ANY PURPORTED WAIVER OF THESE VOIDABILITY
238 RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE
239 TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15 DAYS
240 AFTER THE BUYER HAS RECEIVED ALL OF THE ITEMS
241 REQUIRED. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL
242 TERMINATE AT CLOSING. FIGURES CONTAINED IN ANY BUDGET
243 DELIVERED TO THE BUYER PREPARED IN ACCORDANCE WITH THE
244 COOPERATIVE ACT ARE ESTIMATES ONLY AND REPRESENT AN
245 APPROXIMATION OF FUTURE EXPENSES BASED ON FACTS AND
246 CIRCUMSTANCES EXISTING AT THE TIME OF THE PREPARATION
247 OF THE BUDGET BY THE DEVELOPER. ACTUAL COSTS OF SUCH
248 ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH CHANGES IN
249 COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN THE
250 OFFERING.
251
252 2. The following caveat in conspicuous type shall be placed
253 upon the first page of the contract:
254
255 ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS
256 CORRECTLY STATING THE REPRESENTATIONS OF THE
257 DEVELOPER. FOR CORRECT REPRESENTATIONS, REFERENCE
258 SHOULD BE MADE TO THIS CONTRACT AND THE DOCUMENTS
259 REQUIRED BY SECTION 719.503, FLORIDA STATUTES, TO BE
260 FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE.
261
262 3. If the unit has been occupied by someone other than the
263 buyer, a statement that the unit has been occupied.
264 4. If the contract is for the sale or transfer of a unit
265 subject to a lease, the contract shall include as an exhibit a
266 copy of the executed lease and shall contain within the text in
267 conspicuous type: “THE UNIT IS SUBJECT TO A LEASE (OR
268 SUBLEASE).”
269 5. If the contract is for the lease of a unit for a term of
270 5 years or more, the contract shall include as an exhibit a copy
271 of the proposed lease.
272 6. If the contract is for the sale or lease of a unit that
273 is subject to a lien for rent payable under a lease of a
274 recreational facility or other common areas, the contract shall
275 contain within the text the following statement in conspicuous
276 type: “THIS CONTRACT IS FOR THE TRANSFER OF A UNIT THAT IS
277 SUBJECT TO A LIEN FOR RENT PAYABLE UNDER A LEASE OF COMMON
278 AREAS. FAILURE TO PAY RENT MAY RESULT IN FORECLOSURE OF THE
279 LIEN.”
280 7. The contract shall state the name and address of the
281 escrow agent required by s. 719.202 and shall state that the
282 purchaser may obtain a receipt for his or her deposit from the
283 escrow agent, upon request.
284 8. If the contract is for the sale or transfer of a unit in
285 a cooperative in which timeshare estates have been or may be
286 created, the following text in conspicuous type: “UNITS IN THIS
287 COOPERATIVE ARE SUBJECT TO TIMESHARE ESTATES.” The contract for
288 the sale of a timeshare estate must also contain, in conspicuous
289 type, the following:
290
291 FOR THE PURPOSE OF AD VALOREM TAXES OR SPECIAL
292 ASSESSMENTS LEVIED BY TAXING AUTHORITIES AGAINST A
293 TIMESHARE ESTATE, THE MANAGING ENTITY IS GENERALLY
294 CONSIDERED THE TAXPAYER UNDER FLORIDA LAW. YOU HAVE
295 THE RIGHT TO CHALLENGE AN ASSESSMENT BY A TAXING
296 AUTHORITY RELATING TO YOUR TIMESHARE ESTATE PURSUANT
297 TO THE PROVISIONS OF CHAPTER 194, FLORIDA STATUTES.
298
299 9. Contain within the text the following statement in
300 conspicuous type:
301
302 HOMEOWNERS’ INSURANCE POLICIES DO NOT INCLUDE COVERAGE
303 FOR DAMAGE RESULTING FROM FLOODING. BUYER IS
304 ENCOURAGED TO DISCUSS THE NEED TO PURCHASE SEPARATE
305 FLOOD INSURANCE COVERAGE WITH BUYER’S INSURANCE AGENT.
306
307 DEVELOPER HAS .... HAS NO .... KNOWLEDGE OF ANY
308 FLOODING THAT HAS DAMAGED THE PROPERTY DURING
309 DEVELOPER’S OWNERSHIP OF THE PROPERTY.
310
311 DEVELOPER HAS .... HAS NOT .... FILED A CLAIM WITH AN
312 INSURANCE PROVIDER RELATING TO FLOOD DAMAGE ON THE
313 PROPERTY OR COMMON ELEMENTS, INCLUDING, BUT NOT
314 LIMITED TO, A CLAIM WITH THE NATIONAL FLOOD INSURANCE
315 PROGRAM.
316
317 DEVELOPER HAS .... HAS NOT .... RECEIVED ASSISTANCE
318 FOR FLOOD DAMAGE TO THE PROPERTY OR COMMON ELEMENTS,
319 INCLUDING, BUT NOT LIMITED TO, ASSISTANCE FROM THE
320 FEDERAL EMERGENCY MANAGEMENT AGENCY.
321
322 FOR THE PURPOSES OF THIS DISCLOSURE, THE TERM
323 “FLOODING” MEANS A GENERAL OR TEMPORARY CONDITION OF
324 PARTIAL OR COMPLETE INUNDATION OF THE PROPERTY OR
325 COMMON ELEMENTS CAUSED BY THE OVERFLOW OF INLAND OR
326 TIDAL WATERS; THE UNUSUAL AND RAPID ACCUMULATION OF
327 RUNOFF OR SURFACE WATERS FROM ANY ESTABLISHED WATER
328 SOURCE, SUCH AS A RIVER, STREAM, OR DRAINAGE DITCH; OR
329 SUSTAINED PERIODS OF STANDING WATER RESULTING FROM
330 RAINFALL.
331
332 Section 5. Subsection (6) is added to section 723.011,
333 Florida Statutes, to read:
334 723.011 Disclosure prior to rental of a mobile home lot;
335 prospectus, filing, approval.—
336 (6)(a) A mobile home park owner must complete and provide a
337 flood disclosure to a prospective lessee of a mobile home lot.
338 Delivery must be made prior to execution of the lot rental
339 agreement or at the time of occupancy, whichever occurs first.
340 The flood disclosure must be in a separate document. The flood
341 disclosure must be made in substantially the following form:
342
343 FLOOD DISCLOSURE
344 Flood Insurance: Homeowners’ and renters’ insurance
345 policies do not include coverage for damage resulting
346 from floods. You are encouraged to discuss the need to
347 purchase separate flood insurance coverage your
348 insurance agent.
349 1. The park owner has .... has no .... knowledge
350 of any flooding that has damaged the property during
351 park owner’s ownership of the property.
352 2. The park owner has .... has not .... filed a
353 claim with an insurance provider relating to flood
354 damage on the property, including, but not limited to,
355 a claim with the National Flood Insurance Program.
356 3. The park owner has .... has not .... received
357 assistance for flood damage to the property,
358 including, but not limited to, assistance from the
359 Federal Emergency Management Agency.
360 4. For the purposes of this disclosure, the term
361 “flooding” means a general or temporary condition of
362 partial or complete inundation of the property caused
363 by any of the following:
364 a. The overflow of inland or tidal waters.
365 b. The unusual and rapid accumulation of runoff
366 or surface waters from any established water source,
367 such as a river, stream, or drainage ditch.
368 c. Sustained periods of standing water resulting
369 from rainfall.
370
371 (b) If a park owner violates this section and a lessee
372 suffers a substantial loss or damage to the lessee’s mobile home
373 or personal property as a result of flooding, the lessee may
374 terminate the rental agreement by giving a written notice of
375 termination to the park owner no later than 30 days after the
376 date of the damage or loss. Termination of a rental agreement
377 under this section is effective when the requirements of s.
378 723.023(5) are met. For the purpose of this paragraph, the term
379 “substantial loss or damage” means the total cost of repairs to
380 or replacement of the mobile home and personal property is 50
381 percent or more of the mobile home and personal property’s
382 market value on the date the flooding occurred.
383 (c) A park owner shall refund the lessee all rent or other
384 amounts paid in advance under the rental agreement for any
385 period after the effective date of the termination of the rental
386 agreement.
387 (d) This subsection does not affect a lessee’s liability
388 for delinquent, unpaid rent or other sums owed to the park owner
389 before the date the rental agreement was terminated by the
390 lessee under this subsection.
391 Section 6. This act shall take effect October 1, 2025.
392
393 ================= T I T L E A M E N D M E N T ================
394 And the title is amended as follows:
395 Delete everything before the enacting clause
396 and insert:
397 A bill to be entitled
398 An act relating to flood disclosures; creating s.
399 83.512, F.S.; requiring a landlord of residential real
400 property to provide specified information to a
401 prospective tenant at or before the time the rental
402 agreement is executed; specifying how such information
403 must be disclosed; defining the term “flooding”;
404 providing that if a landlord fails to disclose flood
405 information truthfully and a tenant suffers
406 substantial loss or damage, the tenant may terminate
407 the rental agreement by giving a written notice of
408 termination to the landlord within a specified
409 timeframe; defining the term “substantial loss”;
410 requiring a landlord to refund the tenant all amounts
411 paid in advance for any period after the effective
412 date of the termination of the rental agreement;
413 providing that a tenant is still liable for any sum
414 owed to the landlord before the termination of the
415 rental agreement; amending s. 689.302, F.S.; revising
416 the flood information that must be disclosed to
417 prospective purchasers of residential real property;
418 amending s. 718.503, F.S.; requiring a developer of a
419 residential condominium unit to provide specified
420 information to a prospective purchaser at or before
421 the time the sales contract is executed; specifying
422 how such information must be disclosed; defining the
423 term “flooding”; amending s. 719.503, F.S.; requiring
424 a developer of a residential condominium unit to
425 provide specified information to a prospective
426 purchaser at or before the time the sales contract is
427 executed; specifying how such information must be
428 disclosed; defining the term “flooding”; amending s.
429 723.011, F.S.; requiring a park owner of a mobile home
430 park to provide specified information to a prospective
431 lessee at or before the time the rental agreement is
432 executed; specifying how such information must be
433 disclosed; defining the term “flooding”; providing
434 that if a park owner fails to disclose flood
435 information truthfully and a lessee suffers
436 substantial loss or damage, the lessee may terminate
437 the rental agreement by giving a written notice of
438 termination to the park owner within a specified
439 timeframe; specifying when the termination of a rental
440 agreement is deemed effective; defining the term
441 “substantial loss”; requiring a park owner to refund
442 the lessee all amounts paid in advance for any period
443 after the effective date of the termination of the
444 rental agreement; providing that a lessee is still
445 liable for any sum owed to the park owner before the
446 termination of the rental agreement; providing an
447 effective date.