HB 1015 2025 CODING: Words stricken are deletions; words underlined are additions. hb1015-00 Page 1 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to real property and condominium flood 2 disclosures; creating s. 83.512, F.S.; requiring a 3 landlord of residential real property to provide 4 specified information to a prospective tenant at or 5 before the time the rental agreement is executed; 6 specifying how such information must be disclosed; 7 defining the term "flooding"; providing that if a 8 landlord fails to disclose flood information 9 truthfully and a tenant suffers substantial loss or 10 damage, the tenant may terminate the rental agreement 11 by giving a written notice of termination to the 12 landlord within a specified timeframe; defining the 13 term "substantial loss"; requiring a landlord to 14 refund the tenant all amounts paid in advance for any 15 period after the effective date of the termination of 16 the rental agreement; providing that a tenant is still 17 liable for any sum owed to the landlord before the 18 termination of the rental agreement; amending s. 19 689.302, F.S.; revising the flood information that 20 must be disclosed to prospective purchasers of 21 residential real property; amending s. 718.503, F.S.; 22 requiring a developer of a residential condominium 23 unit to provide specified information to a prospective 24 purchaser at or before the time the sales contract is 25 HB 1015 2025 CODING: Words stricken are deletions; words underlined are additions. hb1015-00 Page 2 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S executed; specifying how such information must be 26 disclosed; defining the term "flooding"; providing an 27 effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1. Section 83.512, Florida Statutes, is created to 32 read: 33 83.512 Disclosure of flood risks to prospective tenant of 34 residential real property. — 35 (1) A landlord must complete and provide a flood 36 disclosure to a prospective tenant of residential real property 37 at or before the execution of a rental agreement for a term of 1 38 year or longer. The flood disclosure must be in a separate 39 document. The flood disclosure must be made in substantially the 40 following form: 41 42 FLOOD DISCLOSURE 43 Flood Insurance: Renters' insurance policies do not include 44 coverage for damage resulting from floods. Tenant is encouraged 45 to discuss the need to purchase separate flood insurance 46 coverage with Tenant's insurance agent. 47 1. Landlord is .... is not .... aware of damage to the 48 property caused by flooding during the Landlord's ownership of 49 the property. 50 HB 1015 2025 CODING: Words stricken are deletions; words underlined are additions. hb1015-00 Page 3 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 2. Landlord has .... has not .... filed a claim with an 51 insurance provider relating to flood damage on the property, 52 including, but not limited to, a claim with the National Flood 53 Insurance Program. 54 3. Landlord has .... has not .... received assistance for 55 flood damage to the property, i ncluding, but not limited to, 56 assistance from the Federal Emergency Management Agency. 57 4. For the purposes of this disclosure, the term 58 "flooding" means a general or temporary condition of partial or 59 complete inundation of the property caused by any of t he 60 following: 61 a. The overflow of inland or tidal waters. 62 b. The unusual and rapid accumulation of runoff or surface 63 waters from any established water source, such as a river, 64 stream, or drainage ditch. 65 c. Sustained periods of standing water resulting from 66 rainfall. 67 68 (2) If a landlord violates this section and a tenant 69 suffers a substantial loss or damage to the tenant's personal 70 property as a result of flooding, the tenant may terminate the 71 rental agreement by giving a written notice of termination to 72 the landlord no later than 30 days after the date of the damage 73 or loss. Termination of a rental agreement under this section is 74 effective upon the tenant surrendering possession of the 75 HB 1015 2025 CODING: Words stricken are deletions; words underlined are additions. hb1015-00 Page 4 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S property. For the purpose of this section, the term "substantial 76 loss or damage" mean s the total cost of repairs to or 77 replacement of the personal property is 50 percent or more of 78 the personal property's market value on the date the flooding 79 occurred. 80 (3) A landlord shall refund the tenant all rent or other 81 amounts paid in advance under the rental agreement for any 82 period after the effective date of the termination of the rental 83 agreement. 84 (4) This section does not affect a tenant's liability for 85 delinquent, unpaid rent or other sums owed to the landlord 86 before the date the rental agre ement was terminated by the 87 tenant under this section. 88 Section 2. Section 689.302, Florida Statutes, is amended 89 to read: 90 689.302 Disclosure of flood risks to prospective 91 purchaser.—A seller must complete and provide a flood disclosure 92 to a purchaser of residential real property at or before the 93 time the sales contract is executed. The flood disclosure must 94 be made in the following form: 95 FLOOD DISCLOSURE 96 Flood Insurance: Homeowners' insurance policies do not include 97 coverage for damage resulting from f loods. Buyer is encouraged 98 to discuss the need to purchase separate flood insurance 99 coverage with Buyer's insurance agent. 100 HB 1015 2025 CODING: Words stricken are deletions; words underlined are additions. hb1015-00 Page 5 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (1) Seller has ☐ has not ☐ filed a claim with an insurance 101 provider relating to flood damage on the property, including, 102 but not limited to, a claim with the National Flood Insurance 103 Program. 104 (2) Seller has ☐ has not ☐ received federal assistance for 105 flood damage to the property, including, but not limited to, 106 assistance from the Federal Emergency Management Agency. 107 (3) Seller is ☐ is not ☐ aware of damage to the property caused 108 by flooding during the Seller's ownership of the property. 109 (4)(3) For the purposes of this disclosure, the term "flooding" 110 means a general or temporary condition of partial or complete 111 inundation of the prope rty caused by any of the following: 112 (a) The overflow of inland or tidal waters. 113 (b) The unusual and rapid accumulation of runoff or surface 114 waters from any established water source, such as a river, 115 stream, or drainage ditch. 116 (c) Sustained periods of st anding water resulting from 117 rainfall. 118 Section 3. Paragraph (a) of subsection (1) of section 119 718.503, Florida Statutes, is amended to read: 120 718.503 Developer disclosure prior to sale; nondeveloper 121 unit owner disclosure prior to sale; voidability. — 122 (1) DEVELOPER DISCLOSURE. — 123 (a) Contents of contracts. —Any contract for the sale of a 124 residential unit or a lease thereof for an unexpired term of 125 HB 1015 2025 CODING: Words stricken are deletions; words underlined are additions. hb1015-00 Page 6 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S more than 5 years shall: 126 1. Contain the following legend in conspicuous type: THIS 127 AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE OF 128 THE BUYER'S INTENTION TO CANCEL WITHIN 15 DAYS AFTER THE DATE OF 129 EXECUTION OF THIS AGREEMENT BY THE BUYER, AND RECEIPT BY BUYER 130 OF ALL OF THE ITEMS REQUIRED TO BE DELIVERED TO HIM OR HER BY 131 THE DEVELOPER UNDER SECTION 718.503, FLORIDA STATUTES. THIS 132 AGREEMENT IS ALSO VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE 133 OF THE BUYER'S INTENTION TO CANCEL WITHIN 15 DAYS AFTER THE DATE 134 OF RECEIPT FROM THE DEVELOPER OF ANY AMENDMENT WHICH MATERIALLY 135 ALTERS OR MODIFIES THE OFFERI NG IN A MANNER THAT IS ADVERSE TO 136 THE BUYER. ANY PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS 137 SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE TIME FOR CLOSING FOR 138 A PERIOD OF NOT MORE THAN 15 DAYS AFTER THE BUYER HAS RECEIVED 139 ALL OF THE ITEMS REQUIRED. BUYER'S RIGHT TO VOID THIS AGREEMENT 140 SHALL TERMINATE AT CLOSING. FIGURES CONTAINED IN ANY BUDGET 141 DELIVERED TO THE BUYER PREPARED IN ACCORDANCE WITH THE 142 CONDOMINIUM ACT ARE ESTIMATES ONLY AND REPRESENT AN 143 APPROXIMATION OF FUTURE EXPENSES BASED ON FACTS AND 144 CIRCUMSTANCES EXISTING AT THE TIME OF THE PREPARATION OF THE 145 BUDGET BY THE DEVELOPER. ACTUAL COSTS OF SUCH ITEMS MAY EXCEED 146 THE ESTIMATED COSTS. SUCH CHANGES IN COST DO NOT CONSTITUTE 147 MATERIAL ADVERSE CHANGES IN THE OFFERING. 148 2. Contain the following caveat in conspicuous type on the 149 first page of the contract: ORAL REPRESENTATIONS CANNOT BE 150 HB 1015 2025 CODING: Words stricken are deletions; words underlined are additions. hb1015-00 Page 7 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE 151 DEVELOPER. FOR CORRECT REPRESENTATIONS, REFERENCE SHOULD BE MADE 152 TO THIS CONTRACT AND THE DOCUMENTS REQUIRED BY S ECTION 718.503, 153 FLORIDA STATUTES, TO BE FURNISHED BY A DEVELOPER TO A BUYER OR 154 LESSEE. 155 3. If the unit has been occupied by someone other than the 156 buyer, contain a statement that the unit has been occupied. 157 4. If the contract is for the sale or transfer of a unit 158 subject to a lease, include as an exhibit a copy of the executed 159 lease and shall contain within the text in conspicuous type: THE 160 UNIT IS SUBJECT TO A LEASE (OR SUBLEASE). 161 5. If the contract is for the lease of a unit for a term 162 of 5 years or more, include as an exhibit a copy of the proposed 163 lease. 164 6. If the contract is for the sale or lease of a unit that 165 is subject to a lien for rent payable under a lease of a 166 recreational facility or other commonly used facility, contain 167 within the text the following statement in conspicuous type: 168 THIS CONTRACT IS FOR THE TRANSFER OF A UNIT THAT IS SUBJECT TO A 169 LIEN FOR RENT PAYABLE UNDER A LEASE OF COMMONLY USED FACILITIES. 170 FAILURE TO PAY RENT MAY RESULT IN FORECLOSURE OF THE LIEN. 171 7. State the name and address of the escrow agent required 172 by s. 718.202 and state that the purchaser may obtain a receipt 173 for his or her deposit from the escrow agent upon request. 174 8. If the contract is for the sale or transfer of a unit 175 HB 1015 2025 CODING: Words stricken are deletions; words underlined are additions. hb1015-00 Page 8 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S in a condominium in which timeshare estates have been or may be 176 created, contain within the text in conspicuous type: UNITS IN 177 THIS CONDOMINIUM ARE SUBJECT TO TIMESHARE ESTATES. The contract 178 for the sale of a fee interest in a timeshare estate shall also 179 contain, in conspicuous type, the fol lowing: FOR THE PURPOSE OF 180 AD VALOREM TAXES OR SPECIAL ASSESSMENTS LEVIED BY TAXING 181 AUTHORITIES AGAINST A FEE INTEREST IN A TIMESHARE ESTATE, THE 182 MANAGING ENTITY IS GENERALLY CONSIDERED THE TAXPAYER UNDER 183 FLORIDA LAW. YOU HAVE THE RIGHT TO CHALLENGE AN ASS ESSMENT BY A 184 TAXING AUTHORITY RELATING TO YOUR TIMESHARE ESTATE PURSUANT TO 185 THE PROVISIONS OF CHAPTER 194, FLORIDA STATUTES. 186 9. Contain within the text the following statement in 187 conspicuous type: 188 189 HOMEOWNERS' INSURANC E POLICIES DO NOT IN CLUDE COVERAGE FOR 190 DAMAGE RESULTING FRO M FLOODING. BUYER IS ENCOURAGED TO DISCUSS 191 THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE COVERAGE WITH 192 BUYER'S INSURANCE AG ENT. 193 194 DEVELOPER IS .... IS NOT .... AWARE OF DAMAGE TO T HE PROPERTY 195 CAUSED BY FLOODING D URING THE DEVELOPER' S OWNERSHIP OF THE 196 PROPERTY. 197 198 DEVELOPER HAS .... H AS NOT .... FILED A CLAIM WITH AN INSURA NCE 199 PROVIDER RELATING TO FLOOD DAMAGE ON THE PROPERTY OR COMMON 200 HB 1015 2025 CODING: Words stricken are deletions; words underlined are additions. hb1015-00 Page 9 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ELEMENTS, INCLUDING, BUT NOT LIMITED TO, A CLAIM WITH THE 201 NATIONAL FLOOD INSUR ANCE PROGRAM. 202 203 DEVELOPER HAS .... HAS NOT ... . RECEIVED ASSISTANC E FOR FLOOD 204 DAMAGE TO THE PROPER TY OR COMMON ELEMENT S, INCLUDING, BUT NO T 205 LIMITED TO, ASSISTAN CE FROM THE FEDERAL EMERGENCY MANAGEMENT 206 AGENCY. 207 208 FOR THE PURPOSES OF THIS DISCLOSURE, THE TERM "FLOODING" MEANS A 209 GENERAL OR TEMPORARY CONDITION OF PARTIAL OR CO MPLETE INUNDATION 210 OF THE PROPERTY OR C OMMON ELEMENTS CAUSE D BY THE OVERFLOW OF 211 INLAND OR TIDAL WATE RS; THE UNUSUAL AND RAPID ACCUMULATION O F 212 RUNOFF OR SURFACE WA TERS FROM ANY ESTABL ISHED WATER SOURCE, SUCH 213 AS A RIVER, STREAM, OR DRAINAG E DITCH; OR SUSTAINE D PERIODS OF 214 STANDING WATER RESUL TING FROM RAINFALL. 215 Section 4. This act shall take effect October 1, 2025. 216