Florida Senate - 2025 CS for CS for SB 948
By the Committees on Rules; and Judiciary; and Senator Bradley
595-03122-25 2025948c2
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; specifying when the termination of a rental
44 agreement is deemed effective; defining the term
45 “substantial loss”; requiring a park owner to refund
46 the lessee all amounts paid in advance for any period
47 after the effective date of the termination of the
48 rental agreement; providing that a lessee is still
49 liable for any sum owed to the park owner before the
50 termination of the rental agreement; providing an
51 effective date.
52
53 Be It Enacted by the Legislature of the State of Florida:
54
55 Section 1. Section 83.512, Florida Statutes, is created to
56 read:
57 83.512 Disclosure of flood risks to prospective tenant of
58 residential real property.—
59 (1) A landlord must complete and provide a flood disclosure
60 to a prospective tenant of residential real property at or
61 before the execution of a rental agreement for a term of 1 year
62 or longer. The flood disclosure must be in a separate document.
63 The flood disclosure must be made in substantially the following
64 form:
65
66 FLOOD DISCLOSURE
67 Flood Insurance: Renters’ insurance policies do not
68 include coverage for damage resulting from floods.
69 Tenant is encouraged to discuss the need to purchase
70 separate flood insurance coverage with Tenant’s
71 insurance agent.
72 1. Landlord has .... has no .... knowledge of any
73 flooding that has damaged the dwelling unit during
74 Landlord’s ownership of the dwelling unit.
75 2. Landlord has .... has not .... filed a claim
76 with an insurance provider relating to flood damage in
77 the dwelling unit, including, but not limited to, a
78 claim with the National Flood Insurance Program.
79 3. Landlord has .... has not .... received
80 assistance for flood damage to the dwelling unit,
81 including, but not limited to, assistance from the
82 Federal Emergency Management Agency.
83 4. For the purposes of this disclosure, the term
84 “flooding” means a general or temporary condition of
85 partial or complete inundation of the dwelling unit
86 caused by any of the following:
87 a. The overflow of inland or tidal waters.
88 b. The unusual and rapid accumulation of runoff
89 or surface waters from any established water source,
90 such as a river, stream, or drainage ditch.
91 c. Sustained periods of standing water resulting
92 from rainfall.
93
94 (2) If a landlord violates this section and a tenant
95 suffers a substantial loss or damage to the tenant’s personal
96 property as a result of flooding, the tenant may terminate the
97 rental agreement by giving a written notice of termination to
98 the landlord no later than 30 days after the date of the damage
99 or loss. Termination of a rental agreement under this section is
100 effective upon the tenant surrendering possession of the
101 dwelling unit. For the purpose of this section, the term
102 “substantial loss or damage” means the total cost of repairs to
103 or replacement of the personal property is 50 percent or more of
104 the personal property’s market value on the date the flooding
105 occurred.
106 (3) A landlord shall refund the tenant all rent or other
107 amounts paid in advance under the rental agreement for any
108 period after the effective date of the termination of the rental
109 agreement.
110 (4) This section does not affect a tenant’s liability for
111 delinquent, unpaid rent or other sums owed to the landlord
112 before the date the rental agreement was terminated by the
113 tenant under this section.
114 Section 2. Section 689.302, Florida Statutes, is amended to
115 read:
116 689.302 Disclosure of flood risks to prospective
117 purchaser.—A seller must complete and provide a flood disclosure
118 to a purchaser of residential real property at or before the
119 time the sales contract is executed. The flood disclosure must
120 be made in the following form:
121
122 FLOOD DISCLOSURE
123 Flood Insurance: Homeowners’ insurance policies do not
124 include coverage for damage resulting from floods.
125 Buyer is encouraged to discuss the need to purchase
126 separate flood insurance coverage with Buyer’s
127 insurance agent.
128 (1) Seller has ☐ has no ☐ knowledge of any
129 flooding that has damaged 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 THE PROPERTY DURING
244 DEVELOPER’S OWNERSHIP OF THE PROPERTY.
245
246 DEVELOPER HAS .... HAS NOT .... FILED A CLAIM WITH AN
247 INSURANCE PROVIDER RELATING TO FLOOD DAMAGE ON THE
248 PROPERTY OR COMMON ELEMENTS, INCLUDING, BUT NOT
249 LIMITED TO, A CLAIM WITH THE NATIONAL FLOOD INSURANCE
250 PROGRAM.
251
252 DEVELOPER HAS .... HAS NOT .... RECEIVED ASSISTANCE
253 FOR FLOOD DAMAGE TO THE PROPERTY OR COMMON ELEMENTS,
254 INCLUDING, BUT NOT LIMITED TO, ASSISTANCE FROM THE
255 FEDERAL EMERGENCY MANAGEMENT AGENCY.
256
257 FOR THE PURPOSES OF THIS DISCLOSURE, THE TERM
258 “FLOODING” MEANS A GENERAL OR TEMPORARY CONDITION OF
259 PARTIAL OR COMPLETE INUNDATION OF THE PROPERTY OR
260 COMMON ELEMENTS CAUSED BY THE OVERFLOW OF INLAND OR
261 TIDAL WATERS; THE UNUSUAL AND RAPID ACCUMULATION OF
262 RUNOFF OR SURFACE WATERS FROM ANY ESTABLISHED WATER
263 SOURCE, SUCH AS A RIVER, STREAM, OR DRAINAGE DITCH; OR
264 SUSTAINED PERIODS OF STANDING WATER RESULTING FROM
265 RAINFALL.
266
267 Section 4. Paragraph (a) of subsection (1) of section
268 719.503, Florida Statutes, is amended to read:
269 719.503 Disclosure prior to sale.—
270 (1) DEVELOPER DISCLOSURE.—
271 (a) Contents of contracts.—Any contracts for the sale of a
272 unit or a lease thereof for an unexpired term of more than 5
273 years shall contain:
274 1. The following legend in conspicuous type:
275
276 THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING
277 WRITTEN NOTICE OF THE BUYER’S INTENTION TO CANCEL
278 WITHIN 15 DAYS AFTER THE DATE OF EXECUTION OF THIS
279 AGREEMENT BY THE BUYER, AND RECEIPT BY BUYER OF ALL OF
280 THE ITEMS REQUIRED TO BE DELIVERED TO HIM OR HER BY
281 THE DEVELOPER UNDER SECTION 719.503, FLORIDA STATUTES.
282 THIS AGREEMENT IS ALSO VOIDABLE BY BUYER BY DELIVERING
283 WRITTEN NOTICE OF THE BUYER’S INTENTION TO CANCEL
284 WITHIN 15 DAYS AFTER THE DATE OF RECEIPT FROM THE
285 DEVELOPER OF ANY AMENDMENT WHICH MATERIALLY ALTERS OR
286 MODIFIES THE OFFERING IN A MANNER THAT IS ADVERSE TO
287 THE BUYER. ANY PURPORTED WAIVER OF THESE VOIDABILITY
288 RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE
289 TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15 DAYS
290 AFTER THE BUYER HAS RECEIVED ALL OF THE ITEMS
291 REQUIRED. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL
292 TERMINATE AT CLOSING. FIGURES CONTAINED IN ANY BUDGET
293 DELIVERED TO THE BUYER PREPARED IN ACCORDANCE WITH THE
294 COOPERATIVE ACT ARE ESTIMATES ONLY AND REPRESENT AN
295 APPROXIMATION OF FUTURE EXPENSES BASED ON FACTS AND
296 CIRCUMSTANCES EXISTING AT THE TIME OF THE PREPARATION
297 OF THE BUDGET BY THE DEVELOPER. ACTUAL COSTS OF SUCH
298 ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH CHANGES IN
299 COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN THE
300 OFFERING.
301
302 2. The following caveat in conspicuous type shall be placed
303 upon the first page of the contract:
304
305 ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS
306 CORRECTLY STATING THE REPRESENTATIONS OF THE
307 DEVELOPER. FOR CORRECT REPRESENTATIONS, REFERENCE
308 SHOULD BE MADE TO THIS CONTRACT AND THE DOCUMENTS
309 REQUIRED BY SECTION 719.503, FLORIDA STATUTES, TO BE
310 FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE.
311
312 3. If the unit has been occupied by someone other than the
313 buyer, a statement that the unit has been occupied.
314 4. If the contract is for the sale or transfer of a unit
315 subject to a lease, the contract shall include as an exhibit a
316 copy of the executed lease and shall contain within the text in
317 conspicuous type: “THE UNIT IS SUBJECT TO A LEASE (OR
318 SUBLEASE).”
319 5. If the contract is for the lease of a unit for a term of
320 5 years or more, the contract shall include as an exhibit a copy
321 of the proposed lease.
322 6. If the contract is for the sale or lease of a unit that
323 is subject to a lien for rent payable under a lease of a
324 recreational facility or other common areas, the contract shall
325 contain within the text the following statement in conspicuous
326 type: “THIS CONTRACT IS FOR THE TRANSFER OF A UNIT THAT IS
327 SUBJECT TO A LIEN FOR RENT PAYABLE UNDER A LEASE OF COMMON
328 AREAS. FAILURE TO PAY RENT MAY RESULT IN FORECLOSURE OF THE
329 LIEN.”
330 7. The contract shall state the name and address of the
331 escrow agent required by s. 719.202 and shall state that the
332 purchaser may obtain a receipt for his or her deposit from the
333 escrow agent, upon request.
334 8. If the contract is for the sale or transfer of a unit in
335 a cooperative in which timeshare estates have been or may be
336 created, the following text in conspicuous type: “UNITS IN THIS
337 COOPERATIVE ARE SUBJECT TO TIMESHARE ESTATES.” The contract for
338 the sale of a timeshare estate must also contain, in conspicuous
339 type, the following:
340
341 FOR THE PURPOSE OF AD VALOREM TAXES OR SPECIAL
342 ASSESSMENTS LEVIED BY TAXING AUTHORITIES AGAINST A
343 TIMESHARE ESTATE, THE MANAGING ENTITY IS GENERALLY
344 CONSIDERED THE TAXPAYER UNDER FLORIDA LAW. YOU HAVE
345 THE RIGHT TO CHALLENGE AN ASSESSMENT BY A TAXING
346 AUTHORITY RELATING TO YOUR TIMESHARE ESTATE PURSUANT
347 TO THE PROVISIONS OF CHAPTER 194, FLORIDA STATUTES.
348
349 9. Contain within the text the following statement in
350 conspicuous type:
351
352 HOMEOWNERS’ INSURANCE POLICIES DO NOT INCLUDE COVERAGE
353 FOR DAMAGE RESULTING FROM FLOODING. BUYER IS
354 ENCOURAGED TO DISCUSS THE NEED TO PURCHASE SEPARATE
355 FLOOD INSURANCE COVERAGE WITH BUYER’S INSURANCE AGENT.
356
357 DEVELOPER HAS .... HAS NO .... KNOWLEDGE OF ANY
358 FLOODING THAT HAS DAMAGED THE PROPERTY DURING
359 DEVELOPER’S OWNERSHIP OF THE PROPERTY.
360
361 DEVELOPER HAS .... HAS NOT .... FILED A CLAIM WITH AN
362 INSURANCE PROVIDER RELATING TO FLOOD DAMAGE ON THE
363 PROPERTY OR COMMON ELEMENTS, INCLUDING, BUT NOT
364 LIMITED TO, A CLAIM WITH THE NATIONAL FLOOD INSURANCE
365 PROGRAM.
366
367 DEVELOPER HAS .... HAS NOT .... RECEIVED ASSISTANCE
368 FOR FLOOD DAMAGE TO THE PROPERTY OR COMMON ELEMENTS,
369 INCLUDING, BUT NOT LIMITED TO, ASSISTANCE FROM THE
370 FEDERAL EMERGENCY MANAGEMENT AGENCY.
371
372 FOR THE PURPOSES OF THIS DISCLOSURE, THE TERM
373 “FLOODING” MEANS A GENERAL OR TEMPORARY CONDITION OF
374 PARTIAL OR COMPLETE INUNDATION OF THE PROPERTY OR
375 COMMON ELEMENTS CAUSED BY THE OVERFLOW OF INLAND OR
376 TIDAL WATERS; THE UNUSUAL AND RAPID ACCUMULATION OF
377 RUNOFF OR SURFACE WATERS FROM ANY ESTABLISHED WATER
378 SOURCE, SUCH AS A RIVER, STREAM, OR DRAINAGE DITCH; OR
379 SUSTAINED PERIODS OF STANDING WATER RESULTING FROM
380 RAINFALL.
381
382 Section 5. Subsection (6) is added to section 723.011,
383 Florida Statutes, to read:
384 723.011 Disclosure prior to rental of a mobile home lot;
385 prospectus, filing, approval.—
386 (6)(a) A mobile home park owner must complete and provide a
387 flood disclosure to a prospective lessee of a mobile home lot.
388 Delivery must be made prior to execution of the lot rental
389 agreement or at the time of occupancy, whichever occurs first.
390 The flood disclosure must be in a separate document. The flood
391 disclosure must be made in substantially the following form:
392
393 FLOOD DISCLOSURE
394 Flood Insurance: Homeowners’ and renters’ insurance
395 policies do not include coverage for damage resulting
396 from floods. You are encouraged to discuss the need to
397 purchase separate flood insurance coverage with your
398 insurance agent.
399 1. The park owner has .... has no .... knowledge
400 of any flooding that has damaged the property during
401 park owner’s ownership of the property.
402 2. The park owner has .... has not .... filed a
403 claim with an insurance provider relating to flood
404 damage on the property, including, but not limited to,
405 a claim with the National Flood Insurance Program.
406 3. The park owner has .... has not .... received
407 assistance for flood damage to the property,
408 including, but not limited to, assistance from the
409 Federal Emergency Management Agency.
410 4. For the purposes of this disclosure, the term
411 “flooding” means a general or temporary condition of
412 partial or complete inundation of the property caused
413 by any of the following:
414 a. The overflow of inland or tidal waters.
415 b. The unusual and rapid accumulation of runoff
416 or surface waters from any established water source,
417 such as a river, stream, or drainage ditch.
418 c. Sustained periods of standing water resulting
419 from rainfall.
420
421 (b) If a park owner violates this section and a lessee
422 suffers a substantial loss or damage to the lessee’s mobile home
423 or personal property as a result of flooding, the lessee may
424 terminate the rental agreement by giving a written notice of
425 termination to the park owner no later than 30 days after the
426 date of the damage or loss. Termination of a rental agreement
427 under this section is effective when the requirements of s.
428 723.023(5) are met. For the purpose of this paragraph, the term
429 “substantial loss or damage” means the total cost of repairs to
430 or replacement of the mobile home and personal property is 50
431 percent or more of the mobile home and personal property’s
432 market value on the date the flooding occurred.
433 (c) A park owner shall refund the lessee all rent or other
434 amounts paid in advance under the rental agreement for any
435 period after the effective date of the termination of the rental
436 agreement.
437 (d) This subsection does not affect a lessee’s liability
438 for delinquent, unpaid rent or other sums owed to the park owner
439 before the date the rental agreement was terminated by the
440 lessee under this subsection.
441 Section 6. This act shall take effect October 1, 2025.