STORAGE NAME: h1015a.HAT
DATE: 3/12/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 1015
TITLE: Real Property and Condominium Flood
Disclosures
SPONSOR(S): Hunschofsky
COMPANION BILL: SB 984 (Gruters)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism
18 Y, 0 N, As CS
Civil Justice & Claims
Commerce
SUMMARY
Effect of the Bill:
The bill requires landlords of residential properties to provide prospective tenants with a flood disclosure prior to
or when a rental agreement is executed. If a landlord fails to disclose flood information truthfully, the tenant may
terminate the rental agreement within a certain timeframe, and the landlord must refund the tenant all amounts
paid in advance by the tenant. However, a tenant’s liability for sums owed to the landlord prior to the date the
rental was terminated by the tenant is not affected by such termination.
The bill revises the type of flood information that must be disclosed to prospective purchasers of residential real
property to include whether the seller is aware of damage to the property caused by flooding during the seller’s
ownership of the property.
The bill revises the information that a developer must disclose to prospective purchasers of a residential
condominium unit to include a statement that the homeowners’ insurance policy does not cover damage for
flooding, and whether the developer is aware of damage to the property caused by flooding, has filed a claim for
flood damage, or has received assistance for flood damage.
Fiscal or Economic Impact:
The bill has an indeterminate impact on the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Disclosure of Flood Risks to Prospective Tenants
The bill amends the Florida Residential Landlord and Tenant Act.
1 Under the bill, a landlord is required to complete
and provide a flood disclosure to a prospective tenant of residential real property at or before the execution of a
rental agreement for a term of 1 year or longer. The bill specifies that the flood disclosure must be in a separate
document and must be made in substantially the following form:
FLOOD DISCLOSURE
Flood Insurance: Renters' insurance policies do not include coverage for damage
resulting from floods. Tenant is encouraged to discuss the need to purchase separate
flood insurance coverage with Tenant's insurance agent.
1
Pt. II, ch. 83, F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
1. Landlord is [___] is not [___] aware of damage to the dwelling unit caused
by flooding during the Landlord's ownership of the property.
2. Landlord has [___] has not [___] filed a claim with an insurance provider
relating to flood damage to the dwelling unit, including, but not limited to,
a claim with the National Flood Insurance Program.
3. Landlord has [___] has not [___] received assistance for flood damage to the
dwelling unit, including, but not limited to, assistance from the Federal
Emergency Management Agency.
4. For the purposes of this disclosure, the term "flooding" means a general
or temporary condition of partial or complete inundation of the dwelling
unit caused by any of the following:
a. The overflow of inland or tidal waters.
b. The unusual and rapid accumulation of runoff or surface waters
from any established water source, such as a river, stream, or
drainage ditch.
c. Sustained periods of standing water resulting from rainfall.
(Section 1.)
The bill provides that if a landlord violates the foregoing requirements and the tenant suffers a substantial loss or
damage to the tenant’s personal property as a result of flooding, the tenant may terminate the rental agreement.
The bill defines “substantial loss or damage” as the total cost of repairs to or replacement of the tenant’s personal
property is 50 percent or more of that property’s market value on the date the flooding occurred. (Section 1.)
If the tenant chooses to terminate the rental agreement, the tenant must give written notice of termination to the
landlord no later than 30 days after the date of the damage or loss. Under the bill, a tenant’s termination of a rental
agreement is effective when the tenant vacates the property. (Section 1.)
If a tenant terminates a rental agreement as provided by the bill, the landlord must refund the tenant all rent or
other amounts paid in advance under the rental agreement for any period after the effective date of the
termination of the rental agreement. However, a tenant’s termination does not affect a tenant’s liability for
delinquent, unpaid rent or other sums owed to the landlord before the date the rental agreement was terminated
by the tenant. (Section 1.)
Disclosures of Flood Risks to Prospective Purchasers of Residential Real Property
The bill revises the flood disclosures that must be made by a seller to a prospective purchaser of residential real
property to include a disclosure of whether the seller is aware of damage to the property caused by flooding during
the seller’s ownership of the property. (Section 2.)
Disclosures of Flood Risks to Prospective Purchasers of Residential Condominium Units
The bill revises the disclosures that must be made by a developer to a prospective purchaser or lessor of a
residential condominium unit. Under the bill, a contract for the sale or lease of a residential condominium unit for
an unexpired term of more than 5 years must contain the following statement in conspicuous type:
HOMEOWNERS' INSURANCE POLICIES DO NOT INCLUDE COVERAGE FOR DAMAGE
RESULTING FROM FLOODING. BUYER IS ENCOURAGED TO DISCUSS THE NEED TO
PURCHASE SEPARATE FLOOD INSURANCE COVERAGE WITH BUYER'S INSURANCE
AGENT.
DEVELOPER IS [___] IS NOT [___] AWARE OF DAMAGE TO THE PROPERTY CAUSED
BY FLOODING DURING THE DEVELOPER'S OWNERSHIP OF THE PROPERTY.
DEVELOPER HAS [___] HAS NOT [___] FILED A CLAIM WITH AN INSURANCE
PROVIDER RELATING TO FLOOD DAMAGE ON THE PROPERTY OR COMMON
ELEMENTS, INCLUDING, BUT NOT LIMITED TO, A CLAIM WITH THE NATIONAL
FLOOD INSURANCE PROGRAM. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
DEVELOPER HAS [___] HAS NOT [___] RECEIVED ASSISTANCE FOR FLOOD DAMAGE
TO THE PROPERTY OR COMMON ELEMENTS, INCLUDING, BUT NOT LIMITED TO,
ASSISTANCE FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY.
FOR THE PURPOSES OF THIS DISCLOSURE, THE TERM "FLOODING" MEANS A
GENERAL OR TEMPORARY CONDITION OF PARTIAL OR COMPLETE INUN DATION
OF THE PROPERTY OR COMMON ELEMENTS CAUSED BY THE OVERFLOW OF
INLAND OR TIDAL WATERS; THE UNUSUAL AND RAPID ACCUMULATION OF
RUNOFF OR SURFACE WATERS FROM ANY ESTABLISHED WATER SOURCE, SUCH AS
A RIVER, STREAM, OR DRAINAGE DITCH; OR SUSTAINED PERIODS OF STANDING
WATER RESULTING FROM RAINFALL. (Section 3.)
The bill has an effective date of October 1, 2025. (Section 4.)
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
The bill has an indeterminate positive impact on the private sector, as prospective tenants and purchasers of
residential real property or residential condominium units, respectively, will be better informed about the
condition of the property prior to or when executing a lease agreement or sales contract. This will allow tenants
and purchasers to avoid damages to their personal property that might otherwise occur due to an undisclosed
flood risk of the property or unit.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida’s Residential Landlord and Tenant Act
The Florida Residential Landlord and Tenant Act
2 (Act) governs the rental of dwelling units and the relationship
between landlords
3 and tenants
4 in Florida.
5 Significant provisions in the Act include those relating to
unconscionable rental agreements,
6 the duration of the rental agreement and the duration of the tenancy,
7
prohibited provisions in rental agreements,
8 maintenance obligations of landlords and tenants,
9 a landlord’s access
to a dwelling unit,
10 terminations of tenancies and rental agreements,
11 and actions for damages.
12
2
The Florida Residential Landlord and Tenant Act (Act) is codified in part II of ch. 83, F.S. Nonresidential tenancies and all
tenancies not otherwise governed by the Act are governed by pt. I of ch. 83, F.S. See s. 83.001, F.S.
3
“Landlord” means the owner or lessor of a dwelling unit. S. 83.43(9), F.S.
4
“Tenant” means any person entitled to occupy a dwelling unit under a rental agreement. S. 83.43(17), F.S.
5
S. 83.41, F.S.
6
See s. 83.45, F.S.
7
See s. 83.46, F.S.
8
See s. 83.47, F.S.
9
Landlords have an obligation to maintain the premises, whereas tenants have an obligation to maintain the dwelling unit. See
ss. 83.51, F.S. and 83.52, F.S.
10
See s. 83.53, F.S.
11
For terminations of rental agreements, see s. 83.56, F.S. For terminations of tenancies without a specific term, see s. 83.57,
F.S. For termination of tenancies with a specific duration, see s. 83.575, F.S.
12
See s. 83.55, F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
Other than an obligation of good faith
13 and a requirement for the landlord to disclose their name and address,
14
the Act does not currently require the landlord to disclose any specific information regarding the property or
dwelling unit prior to or when executing a rental agreement.
Flood Risk and Flood Insurance
Florida receives an average of 59.21 inches of rain each year, and Florida’s flat terrain makes it more susceptible to
flooding.
15 As a result, one-third of properties in Florida are at risk of severe flooding in the next thirty years.
16
Although 36 percent of homeowners believe that homeowner’s insurance covers flood-related damage,
17 most
homeowner’s insurance and hurricane insurance policies do not cover flood-related damage.
18 In addition, renter’s
insurance generally does not cover flood damage.
19
Disclosures of Flood Risks to Prospective Purchasers of Residential Real Property
Currently, Florida law requires that a seller must complete and provide a flood disclosure to a purchaser of
residential real property at or before the time the sales contract is executed.
20 The flood disclosure must be made
in the following form:
FLOOD DISCLOSURE
Flood Insurance: Homeowners' insurance policies do not include coverage for
damage resulting from floods. Buyer is encouraged to discuss the need to purchase
separate flood insurance coverage with Buyer's insurance agent.
(1) Seller has [___] has not [___] filed a claim with an insurance provider relating to
flood damage on the property, including, but not limited to, a claim with the
National Flood Insurance Program.
(2) Seller has [___] has not [___] received federal assistance for flood damage to the
property, including, but not limited to, assistance from the Federal Emergency
Management Agency.
(3) For the purposes of this disclosure, the term "flooding" means a general or
temporary condition of partial or complete inundation of the property caused by
any of the following:
(a) The overflow of inland or tidal waters.
(b) The unusual and rapid accumulation of runoff or surface waters from any
established water source, such as a river, stream, or drainage ditch.
(c) Sustained periods of standing water resulting from rainfall.
21
13
Every rental agreement or duty under the Act imposes an obligation of good faith in its performance or enforcement. S.
83.44, F.S.
14
Under the Act, the landlord (or a person authorized to enter into a rental agreement on the landlord’s behalf) must disclose
in writing to the tenant, at or before the commencement of the tenancy, the name and address of the landlord or a person
authorized to receive notices and demands in the landlord’s behalf. S. 83.50, F.S.
15
Florida Flood Insurance, Flood History, www.floridafloodinsurance.org/flood-history/ (last visited Mar. 9, 2025).
16
Manuel Bojorquez, More than One-Third of Florida Properties Face Looming Flood Risk, but Some Residents Are Unaware, CBS
News (June 1, 2023), www.cbsnews.com/news/florida-insurance-flooding-properties/ (last visited Mar. 9, 2025).
17
Jason Metz, 72% of Homeowners Don’t Understand Essential Home Insurance Coverage, Forbes (Oct. 21, 2024),
www.forbes.com/advisor/homeowners-insurance/survey-homeowners-insurance-
knowlege/#:~:text=36%25%20of%20homeowners%20think%20that,damage%2C%20but%20it%20does%20not (last
visited Mar. 9, 2025).
18
Jason Metz, Does Homeowners Insurance Cover Water Damage from Rain or a Leak? Forbes (Oct. 27, 2023),
www.forbes.com/advisor/homeowners-insurance/water-damage/ (last visited Mar. 9, 2025).
19
Federal Emergency Management Agency, The National Flood Insurance Program: What Your Clients Need to Know (Jan.
2023), https://agents.floodsmart.gov/articles/national-flood-insurance-program-what-your-clients-need-know (last visited
Mar. 9, 2025).
20
S. 689.302, F.S.
21
Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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Other required disclosures under Florida law for a seller of residential real property include disclosures relating to
ad valorem taxes,
22 subsurface rights,
23 and known defects in sanitary sewer laterals.
24
Disclosures to Prospective Purchasers of Residential Condominium Units
Under current law, a contract for the sale or lease of a residential condominium unit by the developer for an
unexpired term of more than 5 years must contain certain disclosures.
25 The required disclosures for a developer
include, but are not limited to, the following:
If the unit has been occupied by someone other than the buyer, the contract must contain a statement that
the unit has been occupied.
26
If the contract is for the sale or transfer of a unit subject to a lease, the contract must include an
inconspicuous statement that the unit is subject to a lease or sublease and, as an exhibit to the contract, a
copy of the executed lease.
27
If the contract is for the lease of a unit for a term of 5 years or more, the contract must include as an exhibit
a copy of the proposed lease.
28
If the contract is for the sale or lease of a unit that is subject to a lien for rent payable under a lease of a
recreational facility or other commonly used facility, the contract must contain an inconspicuous statement
to that effect and that failure to pay rent may result in foreclosure of the lien.
29
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 CS/CS/HB 1049 Hunschofsky Bradley This bill created flood risk
disclosure requirements for a
seller of residential real
property. Effective October 1,
2024.
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Housing, Agriculture & Tourism
Subcommittee
18 Y, 0 N, As CS 3/11/2025 Curtin Fletcher
THE CHANGES ADOPTED BY THE
COMMITTEE:
Clarified that the disclosure requirements for landlords apply to dwelling units.
Civil Justice & Claims
Subcommittee
Commerce Committee
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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22
See s. 689.261, F.S.
23
See s. 689.29, F.S.
24
See s. 689.301, F.S. A sanitary sewer lateral is the privately owned pipeline connecting a property to the main sewer line.
25
See, generally, s. 718.503(1)(a), F.S.
26
S. 718.503(1)(a)3., F.S.
27
S. 718.503(1)(a)4., F.S.
28
S. 718.503(1)(a)5., F.S.
29
S. 718.503(1)(a)6., F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6