Starting October 1, 2025, Florida landlords and mobile home park owners will be required to disclose certain flood history information to prospective tenants under a new law signed by Governor Ron DeSantis—Senate Bill 948. This law adds Sections 83.512 and 723.011(6) to the Florida Statutes, mandating a separate flood disclosure form be provided before entering into residential lease or lot rental agreements. The goal is to give tenants and mobile home residents clearer insight into flood risks before they commit to a property. Noncompliance can expose landlords to legal and financial consequences, including early lease termination and rent refunds. Here’s what you need to know to stay compliant.
1. Applicability:
Applies to all residential rental agreements with a term of 1 year or longer.
2. Timing and Format of Disclosure:
The flood disclosure must be completed and delivered to the prospective tenant before or at the time of executing the rental agreement.
The disclosure must be in a separate document from the lease and must substantially follow the statutory form.
3. Required Flood Information:
Landlords must disclose whether:
- The dwelling has ever been damaged by flooding during their ownership.
- They have ever filed a flood insurance claim.
- They have received FEMA or other assistance for flood damage.
The disclosure defines “flooding” as inundation from:
- Overflow of inland or tidal waters.
- Rapid accumulation of runoff or surface water from sources such as rivers or drainage ditches.
- Sustained standing water from rainfall.
See below a sample Flood Disclosure Addendum.
4. Tenant Remedies for Noncompliance:
If a landlord fails to disclose truthfully, and the tenant suffers substantial damage to personal property (defined as damage equaling or exceeding 50% of its market value), the tenant may:
- Terminate the lease early by giving written notice and surrendering the unit within 30 days of the loss.
- Be refunded for any prepaid rent for periods after termination.
- Still be liable for any unpaid rent accrued prior to termination.
Key Requirements for Mobile Home Park Owners (Amended F.S. 723.011(6))
1. Applicability:
Applies to all mobile home park owners entering into lot rental agreements.
2. Timing and Format of Disclosure:
- The flood disclosure must be provided prior to executing the lot rental agreement or at the time of occupancy, whichever comes first.
- It must be in a separate document using statutory language.
3. Required Flood Information:
Park owners must disclose whether:
- The property has flooded during their ownership.
- They have filed flood insurance claims.
- They have received FEMA or similar disaster relief.
The definition of “flooding” mirrors that in the residential landlord section.
4. Lessee Remedies for Noncompliance:
If the park owner fails to provide accurate disclosures and the lessee suffers substantial damage to the mobile home or personal property (50% or more of market value), the lessee may:
- Terminate the rental agreement by written notice within 30 days of the loss, effective once legal possession is surrendered under F.S. 723.023(5).
- Receive a refund for prepaid rent for periods after termination.
- Still owe for unpaid rent or sums due before the lease was terminated.
Takeaway for Landlords and Park Owners
This new law reflects a growing focus on disaster preparedness and transparency. Florida landlords and mobile home park owners should immediately:
- Update lease onboarding procedures to include the required separate flood disclosure forms.
- Consult with insurance professionals about disclosing prior flood history accurately.
- Maintain records of flood claims or FEMA assistance to ensure compliance.
Noncompliance can lead to financial exposure and loss of rental income. Now is the time to audit your properties and implement procedures to meet the October 1 deadline.
SAMPLE FLOOD DISCLOSURE ADDENDUM
