Florida Senate - 2025 CS for SB 948
By the Committee on Judiciary; and Senator Bradley
590-02311-25 2025948c1
1 A bill to be entitled
2 An act relating to flood disclosures; creating s.
3 83.512, F.S.; requiring a landlord of residential real
4 property to provide specified information to a
5 prospective tenant at or before the time the rental
6 agreement is executed; specifying how such information
7 must be disclosed; defining the term “flooding”;
8 providing that if a landlord fails to disclose flood
9 information truthfully and a tenant suffers
10 substantial loss or damage, the tenant may terminate
11 the rental agreement by giving a written notice of
12 termination to the landlord within a specified
13 timeframe; defining the term “substantial loss”;
14 requiring a landlord to refund the tenant all amounts
15 paid in advance for any period after the effective
16 date of the termination of the rental agreement;
17 providing that a tenant is still liable for any sum
18 owed to the landlord before the termination of the
19 rental agreement; amending s. 689.302, F.S.; revising
20 the flood information that must be disclosed to
21 prospective purchasers of residential real property;
22 amending s. 718.503, F.S.; requiring a developer of a
23 residential condominium unit to provide specified
24 information to a prospective purchaser at or before
25 the time the sales contract is executed; specifying
26 how such information must be disclosed; defining the
27 term “flooding”; amending s. 719.503, F.S.; requiring
28 a developer of a residential condominium unit to
29 provide specified information to a prospective
30 purchaser at or before the time the sales contract is
31 executed; specifying how such information must be
32 disclosed; defining the term “flooding”; amending s.
33 723.011, F.S.; requiring a park owner of a mobile home
34 park to provide specified information to a prospective
35 lessee at or before the time the rental agreement is
36 executed; specifying how such information must be
37 disclosed; defining the term “flooding”; providing
38 that if a park owner fails to disclose flood
39 information truthfully and a lessee suffers
40 substantial loss or damage, the lessee may terminate
41 the rental agreement by giving a written notice of
42 termination to the park owner within a specified
43 timeframe; defining the term “substantial loss”;
44 requiring a park owner to refund the lessee all
45 amounts paid in advance for any period after the
46 effective date of the termination of the rental
47 agreement; providing that a lessee is still liable for
48 any sum owed to the park owner before the termination
49 of the rental agreement; providing an effective date.
50
51 Be It Enacted by the Legislature of the State of Florida:
52
53 Section 1. Section 83.512, Florida Statutes, is created to
54 read:
55 83.512 Disclosure of flood risks to prospective tenant of
56 residential real property.—
57 (1) A landlord must complete and provide a flood disclosure
58 to a prospective tenant of residential real property at or
59 before the execution of a rental agreement for a term of 1 year
60 or longer. The flood disclosure must be in a separate document.
61 The flood disclosure must be made in substantially the following
62 form:
63
64 FLOOD DISCLOSURE
65 Flood Insurance: Renters’ insurance policies do not
66 include coverage for damage resulting from floods.
67 Tenant is encouraged to discuss the need to purchase
68 separate flood insurance coverage with Tenant’s
69 insurance agent.
70 1. Landlord has .... has no .... knowledge of any
71 flooding that has damaged any portion of the property
72 or any structure on the property during Landlord’s
73 ownership of the property.
74 2. Landlord has .... has not .... filed a claim
75 with an insurance provider relating to flood damage on
76 the property, including, but not limited to, a claim
77 with the National Flood Insurance Program.
78 3. Landlord has .... has not .... received
79 assistance for flood damage to the property,
80 including, but not limited to, assistance from the
81 Federal Emergency Management Agency.
82 4. For the purposes of this disclosure, the term
83 “flooding” means a general or temporary condition of
84 partial or complete inundation of the property caused
85 by any of the following:
86 a. The overflow of inland or tidal waters.
87 b. The unusual and rapid accumulation of runoff
88 or surface waters from any established water source,
89 such as a river, stream, or drainage ditch.
90 c. Sustained periods of standing water resulting
91 from rainfall.
92
93 (2) If a landlord violates this section and a tenant
94 suffers a substantial loss or damage to the tenant’s personal
95 property as a result of flooding, the tenant may terminate the
96 rental agreement by giving a written notice of termination to
97 the landlord no later than 30 days after the date of the damage
98 or loss. Termination of a rental agreement under this section is
99 effective upon the tenant surrendering possession of the
100 property. For the purpose of this section, the term “substantial
101 loss or damage” means the total cost of repairs to or
102 replacement of the personal property is 50 percent or more of
103 the personal property’s market value on the date the flooding
104 occurred.
105 (3) A landlord shall refund the tenant all rent or other
106 amounts paid in advance under the rental agreement for any
107 period after the effective date of the termination of the rental
108 agreement.
109 (4) This section does not affect a tenant’s liability for
110 delinquent, unpaid rent or other sums owed to the landlord
111 before the date the rental agreement was terminated by the
112 tenant under this section.
113 Section 2. Section 689.302, Florida Statutes, is amended to
114 read:
115 689.302 Disclosure of flood risks to prospective
116 purchaser.—A seller must complete and provide a flood disclosure
117 to a purchaser of residential real property at or before the
118 time the sales contract is executed. The flood disclosure must
119 be made in the following form:
120
121 FLOOD DISCLOSURE
122 Flood Insurance: Homeowners’ insurance policies do not
123 include coverage for damage resulting from floods.
124 Buyer is encouraged to discuss the need to purchase
125 separate flood insurance coverage with Buyer’s
126 insurance agent.
127 (1) Seller has ☐ has no ☐ knowledge of any
128 flooding that has damaged any portion of the property
129 or any structure on the property during Seller’s
130 ownership of the property.
131 (2) Seller has ☐ has not ☐ filed a claim with an
132 insurance provider relating to flood damage on the
133 property, including, but not limited to, a claim with
134 the National Flood Insurance Program.
135 (3)(2) Seller has ☐ has not ☐ received federal
136 assistance for flood damage to the property,
137 including, but not limited to, assistance from the
138 Federal Emergency Management Agency.
139 (4)(3) For the purposes of this disclosure, the
140 term “flooding” means a general or temporary condition
141 of partial or complete inundation of the property
142 caused by any of the following:
143 (a) The overflow of inland or tidal waters.
144 (b) The unusual and rapid accumulation of runoff
145 or surface waters from any established water source,
146 such as a river, stream, or drainage ditch.
147 (c) Sustained periods of standing water resulting
148 from rainfall.
149
150 Section 3. Paragraph (a) of subsection (1) of section
151 718.503, Florida Statutes, is amended to read:
152 718.503 Developer disclosure prior to sale; nondeveloper
153 unit owner disclosure prior to sale; voidability.—
154 (1) DEVELOPER DISCLOSURE.—
155 (a) Contents of contracts.—Any contract for the sale of a
156 residential unit or a lease thereof for an unexpired term of
157 more than 5 years shall:
158 1. Contain the following legend in conspicuous type:
159
160 THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING
161 WRITTEN NOTICE OF THE BUYER’S INTENTION TO CANCEL
162 WITHIN 15 DAYS AFTER THE DATE OF EXECUTION OF THIS
163 AGREEMENT BY THE BUYER, AND RECEIPT BY BUYER OF ALL OF
164 THE ITEMS REQUIRED TO BE DELIVERED TO HIM OR HER BY
165 THE DEVELOPER UNDER SECTION 718.503, FLORIDA STATUTES.
166 THIS AGREEMENT IS ALSO VOIDABLE BY BUYER BY DELIVERING
167 WRITTEN NOTICE OF THE BUYER’S INTENTION TO CANCEL
168 WITHIN 15 DAYS AFTER THE DATE OF RECEIPT FROM THE
169 DEVELOPER OF ANY AMENDMENT WHICH MATERIALLY ALTERS OR
170 MODIFIES THE OFFERING IN A MANNER THAT IS ADVERSE TO
171 THE BUYER. ANY PURPORTED WAIVER OF THESE VOIDABILITY
172 RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE
173 TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15 DAYS
174 AFTER THE BUYER HAS RECEIVED ALL OF THE ITEMS
175 REQUIRED. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL
176 TERMINATE AT CLOSING. FIGURES CONTAINED IN ANY BUDGET
177 DELIVERED TO THE BUYER PREPARED IN ACCORDANCE WITH THE
178 CONDOMINIUM ACT ARE ESTIMATES ONLY AND REPRESENT AN
179 APPROXIMATION OF FUTURE EXPENSES BASED ON FACTS AND
180 CIRCUMSTANCES EXISTING AT THE TIME OF THE PREPARATION
181 OF THE BUDGET BY THE DEVELOPER. ACTUAL COSTS OF SUCH
182 ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH CHANGES IN
183 COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN THE
184 OFFERING.
185
186 2. Contain the following caveat in conspicuous type on the
187 first page of the contract:
188
189 ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS
190 CORRECTLY STATING THE REPRESENTATIONS OF THE
191 DEVELOPER. FOR CORRECT REPRESENTATIONS, REFERENCE
192 SHOULD BE MADE TO THIS CONTRACT AND THE DOCUMENTS
193 REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO BE
194 FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE.
195
196 3. If the unit has been occupied by someone other than the
197 buyer, contain a statement that the unit has been occupied.
198 4. If the contract is for the sale or transfer of a unit
199 subject to a lease, include as an exhibit a copy of the executed
200 lease and shall contain within the text in conspicuous type:
201 “THE UNIT IS SUBJECT TO A LEASE (OR SUBLEASE).”
202 5. If the contract is for the lease of a unit for a term of
203 5 years or more, include as an exhibit a copy of the proposed
204 lease.
205 6. If the contract is for the sale or lease of a unit that
206 is subject to a lien for rent payable under a lease of a
207 recreational facility or other commonly used facility, contain
208 within the text the following statement in conspicuous type:
209
210 THIS CONTRACT IS FOR THE TRANSFER OF A UNIT THAT IS
211 SUBJECT TO A LIEN FOR RENT PAYABLE UNDER A LEASE OF
212 COMMONLY USED FACILITIES. FAILURE TO PAY RENT MAY
213 RESULT IN FORECLOSURE OF THE LIEN.
214
215 7. State the name and address of the escrow agent required
216 by s. 718.202 and state that the purchaser may obtain a receipt
217 for his or her deposit from the escrow agent upon request.
218 8. If the contract is for the sale or transfer of a unit in
219 a condominium in which timeshare estates have been or may be
220 created, contain within the text in conspicuous type: “UNITS IN
221 THIS CONDOMINIUM ARE SUBJECT TO TIMESHARE ESTATES.” The contract
222 for the sale of a fee interest in a timeshare estate shall also
223 contain, in conspicuous type, the following:
224
225 FOR THE PURPOSE OF AD VALOREM TAXES OR SPECIAL
226 ASSESSMENTS LEVIED BY TAXING AUTHORITIES AGAINST A FEE
227 INTEREST IN A TIMESHARE ESTATE, THE MANAGING ENTITY IS
228 GENERALLY CONSIDERED THE TAXPAYER UNDER FLORIDA LAW.
229 YOU HAVE THE RIGHT TO CHALLENGE AN ASSESSMENT BY A
230 TAXING AUTHORITY RELATING TO YOUR TIMESHARE ESTATE
231 PURSUANT TO THE PROVISIONS OF CHAPTER 194, FLORIDA
232 STATUTES.
233
234 9. Contain within the text the following statement in
235 conspicuous type:
236
237 HOMEOWNERS’ INSURANCE POLICIES DO NOT INCLUDE COVERAGE
238 FOR DAMAGE RESULTING FROM FLOODING. BUYER IS
239 ENCOURAGED TO DISCUSS THE NEED TO PURCHASE SEPARATE
240 FLOOD INSURANCE COVERAGE WITH BUYER’S INSURANCE AGENT.
241
242 DEVELOPER HAS .... HAS NO .... KNOWLEDGE OF ANY
243 FLOODING THAT HAS DAMAGED ANY PORTION OF THE PROPERTY
244 OR ANY STRUCTURE ON THE PROPERTY DURING DEVELOPER’S
245 OWNERSHIP OF THE PROPERTY.
246
247 DEVELOPER HAS .... HAS NOT .... FILED A CLAIM WITH AN
248 INSURANCE PROVIDER RELATING TO FLOOD DAMAGE ON THE
249 PROPERTY OR COMMON ELEMENTS, INCLUDING, BUT NOT
250 LIMITED TO, A CLAIM WITH THE NATIONAL FLOOD INSURANCE
251 PROGRAM.
252
253 DEVELOPER HAS .... HAS NOT .... RECEIVED ASSISTANCE
254 FOR FLOOD DAMAGE TO THE PROPERTY OR COMMON ELEMENTS,
255 INCLUDING, BUT NOT LIMITED TO, ASSISTANCE FROM THE
256 FEDERAL EMERGENCY MANAGEMENT AGENCY.
257
258 FOR THE PURPOSES OF THIS DISCLOSURE, THE TERM
259 “FLOODING” MEANS A GENERAL OR TEMPORARY CONDITION OF
260 PARTIAL OR COMPLETE INUNDATION OF THE PROPERTY OR
261 COMMON ELEMENTS CAUSED BY THE OVERFLOW OF INLAND OR
262 TIDAL WATERS; THE UNUSUAL AND RAPID ACCUMULATION OF
263 RUNOFF OR SURFACE WATERS FROM ANY ESTABLISHED WATER
264 SOURCE, SUCH AS A RIVER, STREAM, OR DRAINAGE DITCH; OR
265 SUSTAINED PERIODS OF STANDING WATER RESULTING FROM
266 RAINFALL.
267
268 Section 4. Paragraph (a) of subsection (1) of section
269 719.503, Florida Statutes, is amended to read:
270 719.503 Disclosure prior to sale.—
271 (1) DEVELOPER DISCLOSURE.—
272 (a) Contents of contracts.—Any contracts for the sale of a
273 unit or a lease thereof for an unexpired term of more than 5
274 years shall contain:
275 1. The following legend in conspicuous type:
276
277 THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING
278 WRITTEN NOTICE OF THE BUYER’S INTENTION TO CANCEL
279 WITHIN 15 DAYS AFTER THE DATE OF EXECUTION OF THIS
280 AGREEMENT BY THE BUYER, AND RECEIPT BY BUYER OF ALL OF
281 THE ITEMS REQUIRED TO BE DELIVERED TO HIM OR HER BY
282 THE DEVELOPER UNDER SECTION 719.503, FLORIDA STATUTES.
283 THIS AGREEMENT IS ALSO VOIDABLE BY BUYER BY DELIVERING
284 WRITTEN NOTICE OF THE BUYER’S INTENTION TO CANCEL
285 WITHIN 15 DAYS AFTER THE DATE OF RECEIPT FROM THE
286 DEVELOPER OF ANY AMENDMENT WHICH MATERIALLY ALTERS OR
287 MODIFIES THE OFFERING IN A MANNER THAT IS ADVERSE TO
288 THE BUYER. ANY PURPORTED WAIVER OF THESE VOIDABILITY
289 RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE
290 TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15 DAYS
291 AFTER THE BUYER HAS RECEIVED ALL OF THE ITEMS
292 REQUIRED. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL
293 TERMINATE AT CLOSING. FIGURES CONTAINED IN ANY BUDGET
294 DELIVERED TO THE BUYER PREPARED IN ACCORDANCE WITH THE
295 COOPERATIVE ACT ARE ESTIMATES ONLY AND REPRESENT AN
296 APPROXIMATION OF FUTURE EXPENSES BASED ON FACTS AND
297 CIRCUMSTANCES EXISTING AT THE TIME OF THE PREPARATION
298 OF THE BUDGET BY THE DEVELOPER. ACTUAL COSTS OF SUCH
299 ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH CHANGES IN
300 COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN THE
301 OFFERING.
302
303 2. The following caveat in conspicuous type shall be placed
304 upon the first page of the contract:
305
306 ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS
307 CORRECTLY STATING THE REPRESENTATIONS OF THE
308 DEVELOPER. FOR CORRECT REPRESENTATIONS, REFERENCE
309 SHOULD BE MADE TO THIS CONTRACT AND THE DOCUMENTS
310 REQUIRED BY SECTION 719.503, FLORIDA STATUTES, TO BE
311 FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE.
312
313 3. If the unit has been occupied by someone other than the
314 buyer, a statement that the unit has been occupied.
315 4. If the contract is for the sale or transfer of a unit
316 subject to a lease, the contract shall include as an exhibit a
317 copy of the executed lease and shall contain within the text in
318 conspicuous type: “THE UNIT IS SUBJECT TO A LEASE (OR
319 SUBLEASE).”
320 5. If the contract is for the lease of a unit for a term of
321 5 years or more, the contract shall include as an exhibit a copy
322 of the proposed lease.
323 6. If the contract is for the sale or lease of a unit that
324 is subject to a lien for rent payable under a lease of a
325 recreational facility or other common areas, the contract shall
326 contain within the text the following statement in conspicuous
327 type: “THIS CONTRACT IS FOR THE TRANSFER OF A UNIT THAT IS
328 SUBJECT TO A LIEN FOR RENT PAYABLE UNDER A LEASE OF COMMON
329 AREAS. FAILURE TO PAY RENT MAY RESULT IN FORECLOSURE OF THE
330 LIEN.”
331 7. The contract shall state the name and address of the
332 escrow agent required by s. 719.202 and shall state that the
333 purchaser may obtain a receipt for his or her deposit from the
334 escrow agent, upon request.
335 8. If the contract is for the sale or transfer of a unit in
336 a cooperative in which timeshare estates have been or may be
337 created, the following text in conspicuous type: “UNITS IN THIS
338 COOPERATIVE ARE SUBJECT TO TIMESHARE ESTATES.” The contract for
339 the sale of a timeshare estate must also contain, in conspicuous
340 type, the following:
341
342 FOR THE PURPOSE OF AD VALOREM TAXES OR SPECIAL
343 ASSESSMENTS LEVIED BY TAXING AUTHORITIES AGAINST A
344 TIMESHARE ESTATE, THE MANAGING ENTITY IS GENERALLY
345 CONSIDERED THE TAXPAYER UNDER FLORIDA LAW. YOU HAVE
346 THE RIGHT TO CHALLENGE AN ASSESSMENT BY A TAXING
347 AUTHORITY RELATING TO YOUR TIMESHARE ESTATE PURSUANT
348 TO THE PROVISIONS OF CHAPTER 194, FLORIDA STATUTES.
349
350 9. Contain within the text the following statement in
351 conspicuous type:
352
353 HOMEOWNERS’ INSURANCE POLICIES DO NOT INCLUDE COVERAGE
354 FOR DAMAGE RESULTING FROM FLOODING. BUYER IS
355 ENCOURAGED TO DISCUSS THE NEED TO PURCHASE SEPARATE
356 FLOOD INSURANCE COVERAGE WITH BUYER’S INSURANCE AGENT.
357
358 DEVELOPER HAS .... HAS NO .... KNOWLEDGE OF ANY
359 FLOODING THAT HAS DAMAGED ANY PORTION OF THE PROPERTY
360 OR ANY STRUCTURE ON THE PROPERTY DURING DEVELOPER’S
361 OWNERSHIP OF THE PROPERTY.
362
363 DEVELOPER HAS .... HAS NOT .... FILED A CLAIM WITH AN
364 INSURANCE PROVIDER RELATING TO FLOOD DAMAGE ON THE
365 PROPERTY OR COMMON ELEMENTS, INCLUDING, BUT NOT
366 LIMITED TO, A CLAIM WITH THE NATIONAL FLOOD INSURANCE
367 PROGRAM.
368
369 DEVELOPER HAS .... HAS NOT .... RECEIVED ASSISTANCE
370 FOR FLOOD DAMAGE TO THE PROPERTY OR COMMON ELEMENTS,
371 INCLUDING, BUT NOT LIMITED TO, ASSISTANCE FROM THE
372 FEDERAL EMERGENCY MANAGEMENT AGENCY.
373
374 FOR THE PURPOSES OF THIS DISCLOSURE, THE TERM
375 “FLOODING” MEANS A GENERAL OR TEMPORARY CONDITION OF
376 PARTIAL OR COMPLETE INUNDATION OF THE PROPERTY OR
377 COMMON ELEMENTS CAUSED BY THE OVERFLOW OF INLAND OR
378 TIDAL WATERS; THE UNUSUAL AND RAPID ACCUMULATION OF
379 RUNOFF OR SURFACE WATERS FROM ANY ESTABLISHED WATER
380 SOURCE, SUCH AS A RIVER, STREAM, OR DRAINAGE DITCH; OR
381 SUSTAINED PERIODS OF STANDING WATER RESULTING FROM
382 RAINFALL.
383
384 Section 5. Subsection (6) is added to section 723.011,
385 Florida Statutes, to read:
386 723.011 Disclosure prior to rental of a mobile home lot;
387 prospectus, filing, approval.—
388 (6)(a) A mobile home park owner must complete and provide a
389 flood disclosure to a prospective lessee of residential real
390 property. Delivery must be made prior to execution of the lot
391 rental agreement or at the time of occupancy, whichever occurs
392 first. The flood disclosure must be in a separate document. The
393 flood disclosure must be made in substantially the following
394 form:
395
396 FLOOD DISCLOSURE
397 Flood Insurance: Homeowners’ and renters’ insurance
398 policies do not include coverage for damage resulting
399 from floods. You are encouraged to discuss the need to
400 purchase separate flood insurance coverage your
401 insurance agent.
402 1. The park owner has .... has no .... knowledge
403 of any flooding that has damaged any portion of the
404 property or any structure on the property during park
405 owner’s ownership of the property.
406 2. The park owner has .... has not .... filed a
407 claim with an insurance provider relating to flood
408 damage on the property, including, but not limited to,
409 a claim with the National Flood Insurance Program.
410 3. The park owner has .... has not .... received
411 assistance for flood damage to the property,
412 including, but not limited to, assistance from the
413 Federal Emergency Management Agency.
414 4. For the purposes of this disclosure, the term
415 “flooding” means a general or temporary condition of
416 partial or complete inundation of the property caused
417 by any of the following:
418 a. The overflow of inland or tidal waters.
419 b. The unusual and rapid accumulation of runoff
420 or surface waters from any established water source,
421 such as a river, stream, or drainage ditch.
422 c. Sustained periods of standing water resulting
423 from rainfall.
424
425 (b) If a park owner violates this section and a lessee
426 suffers a substantial loss or damage to the lessee’s mobile home
427 or personal property as a result of flooding, the lessee may
428 terminate the rental agreement by giving a written notice of
429 termination to the park owner no later than 30 days after the
430 date of the damage or loss. Termination of a rental agreement
431 under this section is effective upon the lessee surrendering
432 possession of the property. For the purpose of this paragraph,
433 the term “substantial loss or damage” means the total cost of
434 repairs to or replacement of the mobile home and personal
435 property is 50 percent or more of the mobile home and personal
436 property’s market value on the date the flooding occurred.
437 (c) A park owner shall refund the lessee all rent or other
438 amounts paid in advance under the rental agreement for any
439 period after the effective date of the termination of the rental
440 agreement.
441 (d) This subsection does not affect a lessee’s liability
442 for delinquent, unpaid rent or other sums owed to the park owner
443 before the date the rental agreement was terminated by the
444 lessee under this subsection.
445 Section 6. This act shall take effect October 1, 2025.