Meeting Florida’s New Flood Disclosure Transparency Mandate: A Private-Sector Solution
Executive Summary
Effective October 1, 2025, Florida law requires landlords, developers, and community associations to disclose flood history and risk before leasing or selling residential property. This new standard—Florida Statutes § 83.512, “Flood Disclosures for Residential Property”—marks the most significant expansion of tenant- and buyer-protection obligations since the adoption of the state’s Mold Disclosure Rule in 2004. The statute’s purpose is clear: To provide transparency, reduce disputes, and promote good-faith mitigation in one of the nation’s most flood-prone real-estate markets. Failure to comply carries immediate legal and financial consequences, including lease termination and mandatory refund of prepaid rent. Yet the law offers no operational guidance on how property owners should demonstrate compliance. This paper fills that gap.
Purpose and Audience
This document is written for: Landlords and Property Managers — to understand disclosure timing, documentation, and liability. Homeowners’ and Condominium Associations — to integrate flood-risk transparency into governance and leasing. Developers and Builders — to anticipate disclosure obligations for new units. Insurance and Legal Professionals — to interpret mitigation evidence and assess risk. Municipal and County Officials — to harmonize local resilience initiatives with the new state framework. Key Takeaways The Flood Disclosure Law is now in effect statewide; ignorance of the requirement does not exempt compliance. Flooding is defined broadly—even four to six inches of water accumulation may qualify. Non-compliance can result in refund liability and reputational damage. Good-faith mitigation—including documented use of portable flood shields—creates a defensible compliance posture. Florida’s private sector is now a critical partner in achieving transparency and resilience.
Download the Compliance Brief (PDF)
https://drive.google.com/file/d/1nPluJv4OzzOBauv0ockHWj52sD6VVd_0/view?usp=sharing
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