CS for CS for SB 948 First Engrossed
2025948e1
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 and surrendering possession of the
13 premises to the landlord within a specified timeframe;
14 defining the term “substantial loss”; requiring a
15 landlord to refund the tenant all amounts paid in
16 advance for any period after the effective date of the
17 termination of the rental agreement; providing that a
18 tenant is still liable for any sum owed to the
19 landlord before the termination of the rental
20 agreement; amending s. 689.302, F.S.; revising the
21 flood information that must be disclosed to
22 prospective purchasers of residential real property;
23 amending s. 718.503, F.S.; requiring a developer of a
24 residential condominium unit to provide specified
25 information to a prospective purchaser at or before
26 the time the sales contract is executed; specifying
27 how such information must be disclosed; defining the
28 term “flooding”; amending s. 719.503, F.S.; requiring
29 a developer of a residential condominium unit to
30 provide specified information to a prospective
31 purchaser at or before the time the sales contract is
32 executed; specifying how such information must be
33 disclosed; defining the term “flooding”; amending s.
34 723.011, F.S.; requiring a park owner of a mobile home
35 park to provide specified information to a prospective
36 lessee at or before the time the rental agreement is
37 executed; specifying how such information must be
38 disclosed; defining the term “flooding”; providing
39 that if a park owner fails to disclose flood
40 information truthfully and a lessee suffers
41 substantial loss or damage, the lessee may terminate
42 the rental agreement by giving a written notice of
43 termination to the park owner within a specified
44 timeframe; specifying when the termination of a rental
45 agreement is deemed effective; defining the term
46 “substantial loss”; requiring a park owner to refund
47 the lessee all amounts paid in advance for any period
48 after the effective date of the termination of the
49 rental agreement; providing that a lessee is still
50 liable for any sum owed to the park owner before the
51 termination of the rental agreement; providing an
52 effective date.
53
54 Be It Enacted by the Legislature of the State of Florida:
55
56 Section 1. Section 83.512, Florida Statutes, is created to
57 read:
58 83.512 Disclosure of flood risks to prospective tenant of
59 residential real property.—
60 (1) A landlord must complete and provide a flood disclosure
61 to a prospective tenant of residential real property at or
62 before the execution of a rental agreement for a term of 1 year
63 or longer. The flood disclosure must be in a separate document.
64 The flood disclosure must be made in substantially the following
65 form:
66
67 FLOOD DISCLOSURE
68 Flood Insurance: Renters’ insurance policies do not
69 include coverage for damage resulting from floods.
70 Tenant is encouraged to discuss the need to purchase
71 separate flood insurance coverage with Tenant’s
72 insurance agent.
73 1. Landlord has .... has no .... knowledge of any
74 flooding that has damaged the dwelling unit during
75 Landlord’s ownership of the dwelling unit.
76 2. Landlord has .... has not .... filed a claim
77 with an insurance provider relating to flood damage in
78 the dwelling unit, including, but not limited to, a
79 claim with the National Flood Insurance Program.
80 3. Landlord has .... has not .... received
81 assistance for flood damage to the dwelling unit,
82 including, but not limited to, assistance from the
83 Federal Emergency Management Agency.
84 4. For the purposes of this disclosure, the term
85 “flooding” means a general or temporary condition of
86 partial or complete inundation of the dwelling unit
87 caused by any of the following:
88 a. The overflow of inland or tidal waters.
89 b. The unusual and rapid accumulation of runoff
90 or surface waters from any established water source,
91 such as a river, stream, or drainage ditch.
92 c. Sustained periods of standing water resulting
93 from rainfall.
94
95 (2) If a landlord violates this section and a tenant
96 suffers a substantial loss or damage to the tenant’s personal
97 property as a result of flooding, the tenant may terminate the
98 rental agreement by giving a written notice of termination and
99 surrendering possession of the premises to the landlord no later
100 than 30 days after the date of the damage or loss. Termination
101 of a rental agreement under this section is effective upon the
102 tenant surrendering possession of the dwelling unit. For the
103 purpose of this section, the term “substantial loss or damage”
104 means the total cost of repairs to or replacement of the
105 personal property is 50 percent or more of the personal
106 property’s market value on the date the flooding occurred.
107 (3) A landlord shall refund the tenant all rent or other
108 amounts paid in advance under the rental agreement for any
109 period after the effective date of the termination of the rental
110 agreement.
111 (4) This section does not affect a tenant’s liability for
112 delinquent, unpaid rent or other sums owed to the landlord
113 before the date the rental agreement was terminated by the
114 tenant under this section.
115 Section 2. Section 689.302, Florida Statutes, is amended to
116 read:
117 689.302 Disclosure of flood risks to prospective
118 purchaser.—A seller must complete and provide a flood disclosure
119 to a purchaser of residential real property at or before the
120 time the sales contract is executed. The flood disclosure must
121 be made in the following form:
122
123 FLOOD DISCLOSURE
124 Flood Insurance: Homeowners’ insurance policies do not
125 include coverage for damage resulting from floods.
126 Buyer is encouraged to discuss the need to purchase
127 separate flood insurance coverage with Buyer’s
128 insurance agent.
129 (1) Seller has ☐ has no ☐ knowledge of any
130 flooding that has damaged the property during Seller’s
131 ownership of the property.
132 (2) Seller has ☐ has not ☐ filed a claim with an
133 insurance provider relating to flood damage on the
134 property, including, but not limited to, a claim with
135 the National Flood Insurance Program.
136 (3)(2) Seller has ☐ has not ☐ received federal
137 assistance for flood damage to the property,
138 including, but not limited to, assistance from the
139 Federal Emergency Management Agency.
140 (4)(3) For the purposes of this disclosure, the
141 term “flooding” means a general or temporary condition
142 of partial or complete inundation of the property
143 caused by any of the following:
144 (a) The overflow of inland or tidal waters.
145 (b) The unusual and rapid accumulation of runoff
146 or surface waters from any established water source,
147 such as a river, stream, or drainage ditch.
148 (c) Sustained periods of standing water resulting
149 from rainfall.
150
151 Section 3. Paragraph (a) of subsection (1) of section
152 718.503, Florida Statutes, is amended to read:
153 718.503 Developer disclosure prior to sale; nondeveloper
154 unit owner disclosure prior to sale; voidability.—
155 (1) DEVELOPER DISCLOSURE.—
156 (a) Contents of contracts.—Any contract for the sale of a
157 residential unit or a lease thereof for an unexpired term of
158 more than 5 years shall:
159 1. Contain the following legend in conspicuous type:
160
161 THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING
162 WRITTEN NOTICE OF THE BUYER’S INTENTION TO CANCEL
163 WITHIN 15 DAYS AFTER THE DATE OF EXECUTION OF THIS
164 AGREEMENT BY THE BUYER, AND RECEIPT BY BUYER OF ALL OF
165 THE ITEMS REQUIRED TO BE DELIVERED TO HIM OR HER BY
166 THE DEVELOPER UNDER SECTION 718.503, FLORIDA STATUTES.
167 THIS AGREEMENT IS ALSO VOIDABLE BY BUYER BY DELIVERING
168 WRITTEN NOTICE OF THE BUYER’S INTENTION TO CANCEL
169 WITHIN 15 DAYS AFTER THE DATE OF RECEIPT FROM THE
170 DEVELOPER OF ANY AMENDMENT WHICH MATERIALLY ALTERS OR
171 MODIFIES THE OFFERING IN A MANNER THAT IS ADVERSE TO
172 THE BUYER. ANY PURPORTED WAIVER OF THESE VOIDABILITY
173 RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE
174 TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15 DAYS
175 AFTER THE BUYER HAS RECEIVED ALL OF THE ITEMS
176 REQUIRED. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL
177 TERMINATE AT CLOSING. FIGURES CONTAINED IN ANY BUDGET
178 DELIVERED TO THE BUYER PREPARED IN ACCORDANCE WITH THE
179 CONDOMINIUM ACT ARE ESTIMATES ONLY AND REPRESENT AN
180 APPROXIMATION OF FUTURE EXPENSES BASED ON FACTS AND
181 CIRCUMSTANCES EXISTING AT THE TIME OF THE PREPARATION
182 OF THE BUDGET BY THE DEVELOPER. ACTUAL COSTS OF SUCH
183 ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH CHANGES IN
184 COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN THE
185 OFFERING.
186
187 2. Contain the following caveat in conspicuous type on the
188 first page of the contract:
189
190 ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS
191 CORRECTLY STATING THE REPRESENTATIONS OF THE
192 DEVELOPER. FOR CORRECT REPRESENTATIONS, REFERENCE
193 SHOULD BE MADE TO THIS CONTRACT AND THE DOCUMENTS
194 REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO BE
195 FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE.
196
197 3. If the unit has been occupied by someone other than the
198 buyer, contain a statement that the unit has been occupied.
199 4. If the contract is for the sale or transfer of a unit
200 subject to a lease, include as an exhibit a copy of the executed
201 lease and shall contain within the text in conspicuous type:
202 “THE UNIT IS SUBJECT TO A LEASE (OR SUBLEASE).”
203 5. If the contract is for the lease of a unit for a term of
204 5 years or more, include as an exhibit a copy of the proposed
205 lease.
206 6. If the contract is for the sale or lease of a unit that
207 is subject to a lien for rent payable under a lease of a
208 recreational facility or other commonly used facility, contain
209 within the text the following statement in conspicuous type:
210
211 THIS CONTRACT IS FOR THE TRANSFER OF A UNIT THAT IS
212 SUBJECT TO A LIEN FOR RENT PAYABLE UNDER A LEASE OF
213 COMMONLY USED FACILITIES. FAILURE TO PAY RENT MAY
214 RESULT IN FORECLOSURE OF THE LIEN.
215
216 7. State the name and address of the escrow agent required
217 by s. 718.202 and state that the purchaser may obtain a receipt
218 for his or her deposit from the escrow agent upon request.
219 8. If the contract is for the sale or transfer of a unit in
220 a condominium in which timeshare estates have been or may be
221 created, contain within the text in conspicuous type: “UNITS IN
222 THIS CONDOMINIUM ARE SUBJECT TO TIMESHARE ESTATES.” The contract
223 for the sale of a fee interest in a timeshare estate shall also
224 contain, in conspicuous type, the following:
225
226 FOR THE PURPOSE OF AD VALOREM TAXES OR SPECIAL
227 ASSESSMENTS LEVIED BY TAXING AUTHORITIES AGAINST A FEE
228 INTEREST IN A TIMESHARE ESTATE, THE MANAGING ENTITY IS
229 GENERALLY CONSIDERED THE TAXPAYER UNDER FLORIDA LAW.
230 YOU HAVE THE RIGHT TO CHALLENGE AN ASSESSMENT BY A
231 TAXING AUTHORITY RELATING TO YOUR TIMESHARE ESTATE
232 PURSUANT TO THE PROVISIONS OF CHAPTER 194, FLORIDA
233 STATUTES.
234
235 9. Contain within the text the following statement in
236 conspicuous type:
237
238 HOMEOWNERS’ INSURANCE POLICIES DO NOT INCLUDE COVERAGE
239 FOR DAMAGE RESULTING FROM FLOODING. BUYER IS
240 ENCOURAGED TO DISCUSS THE NEED TO PURCHASE SEPARATE
241 FLOOD INSURANCE COVERAGE WITH BUYER’S INSURANCE AGENT.
242
243 DEVELOPER HAS .... HAS NO .... KNOWLEDGE OF ANY
244 FLOODING THAT HAS DAMAGED THE PROPERTY DURING
245 DEVELOPER’S 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 THE PROPERTY DURING
360 DEVELOPER’S OWNERSHIP OF THE PROPERTY.
361
362 DEVELOPER HAS .... HAS NOT .... FILED A CLAIM WITH AN
363 INSURANCE PROVIDER RELATING TO FLOOD DAMAGE ON THE
364 PROPERTY OR COMMON ELEMENTS, INCLUDING, BUT NOT
365 LIMITED TO, A CLAIM WITH THE NATIONAL FLOOD INSURANCE
366 PROGRAM.
367
368 DEVELOPER HAS .... HAS NOT .... RECEIVED ASSISTANCE
369 FOR FLOOD DAMAGE TO THE PROPERTY OR COMMON ELEMENTS,
370 INCLUDING, BUT NOT LIMITED TO, ASSISTANCE FROM THE
371 FEDERAL EMERGENCY MANAGEMENT AGENCY.
372
373 FOR THE PURPOSES OF THIS DISCLOSURE, THE TERM
374 “FLOODING” MEANS A GENERAL OR TEMPORARY CONDITION OF
375 PARTIAL OR COMPLETE INUNDATION OF THE PROPERTY OR
376 COMMON ELEMENTS CAUSED BY THE OVERFLOW OF INLAND OR
377 TIDAL WATERS; THE UNUSUAL AND RAPID ACCUMULATION OF
378 RUNOFF OR SURFACE WATERS FROM ANY ESTABLISHED WATER
379 SOURCE, SUCH AS A RIVER, STREAM, OR DRAINAGE DITCH; OR
380 SUSTAINED PERIODS OF STANDING WATER RESULTING FROM
381 RAINFALL.
382
383 Section 5. Subsection (6) is added to section 723.011,
384 Florida Statutes, to read:
385 723.011 Disclosure prior to rental of a mobile home lot;
386 prospectus, filing, approval.—
387 (6)(a) A mobile home park owner must complete and provide a
388 flood disclosure to a prospective lessee of a mobile home lot.
389 Delivery must be made prior to execution of the lot rental
390 agreement or at the time of occupancy, whichever occurs first.
391 The flood disclosure must be in a separate document. The flood
392 disclosure must be made in substantially the following form:
393
394 FLOOD DISCLOSURE
395 Flood Insurance: Homeowners’ and renters’ insurance
396 policies do not include coverage for damage resulting
397 from floods. You are encouraged to discuss the need to
398 purchase separate flood insurance coverage with your
399 insurance agent.
400 1. The park owner has .... has no .... knowledge
401 of any flooding that has damaged the property during
402 park owner’s ownership of the property.
403 2. The park owner has .... has not .... filed a
404 claim with an insurance provider relating to flood
405 damage on the property, including, but not limited to,
406 a claim with the National Flood Insurance Program.
407 3. The park owner has .... has not .... received
408 assistance for flood damage to the property,
409 including, but not limited to, assistance from the
410 Federal Emergency Management Agency.
411 4. For the purposes of this disclosure, the term
412 “flooding” means a general or temporary condition of
413 partial or complete inundation of the property caused
414 by any of the following:
415 a. The overflow of inland or tidal waters.
416 b. The unusual and rapid accumulation of runoff
417 or surface waters from any established water source,
418 such as a river, stream, or drainage ditch.
419 c. Sustained periods of standing water resulting
420 from rainfall.
421
422 (b) If a park owner violates this section and a lessee
423 suffers a substantial loss or damage to the lessee’s mobile home
424 or personal property as a result of flooding, the lessee may
425 terminate the rental agreement by giving a written notice of
426 termination to the park owner no later than 30 days after the
427 date of the damage or loss. Termination of a rental agreement
428 under this section is effective when the requirements of s.
429 723.023(5) are met. For the purpose of this paragraph, the term
430 “substantial loss or damage” means the total cost of repairs to
431 or replacement of the mobile home and personal property is 50
432 percent or more of the mobile home and personal property’s
433 market value on the date the flooding occurred.
434 (c) A park owner shall refund the lessee all rent or other
435 amounts paid in advance under the rental agreement for any
436 period after the effective date of the termination of the rental
437 agreement.
438 (d) This subsection does not affect a lessee’s liability
439 for delinquent, unpaid rent or other sums owed to the park owner
440 before the date the rental agreement was terminated by the
441 lessee under this subsection.
442 Section 6. This act shall take effect October 1, 2025.