Florida 2025 2025 Regular Session

Florida House Bill H1015 Introduced / Bill

Filed 02/25/2025

                       
 
HB 1015   	2025 
 
 
 
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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 
 
 
 
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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     
 
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 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     
 
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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     
 
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(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     
 
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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     
 
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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     
 
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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     
 
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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