Florida's Expanded Flood Disclosure Law: What Buyers and Sellers Need to Know in 2026
If you are buying or selling residential real estate in Florida, especially in Southwest Florida, there is an important change to Florida's flood disclosure requirements that deserves your attention. And yes, this can include residential vacant land.
For those of us in Punta Gorda, Port Charlotte and throughout Charlotte County who experienced the effects of Hurricanes Helene and Milton, this is particularly relevant. Florida took an important first step in 2024 when it began requiring sellers of residential real property to provide buyers with a specific flood disclosure. But in my opinion, the original requirement left a pretty significant gray area. That gray area became considerably smaller on October 1, 2025.
What Changed With Florida's Flood Disclosure Law?
Under Florida Statute 689.302, sellers of residential real property were originally required to disclose whether they had:
- Filed an insurance claim relating to flood damage to the property; and
- Received federal assistance for flood damage to the property.
That was a good start. The problem was that a property can flood without the owner ever filing an insurance claim or receiving federal assistance. Following a major storm, an owner might pay for repairs out of pocket. There may be no flood insurance claim. There may be no FEMA assistance. The property could be repaired, cleaned up and eventually placed on the market. That created ambiguity that, frankly, wasn't particularly helpful to a buyer trying to understand the property's actual flood history.
Florida Now Requires Disclosure of Known Flood Damage During Ownership
Effective October 1, 2025, Florida expanded the law. A residential seller must now also disclose whether the seller has knowledge of flooding that damaged the property during the seller's ownership, regardless of whether an insurance claim was filed. The law also broadened the assistance question. It is no longer limited strictly to federal assistance received to remediate flood damage. That is a meaningful change.
No insurance claim does not necessarily mean no flooding. And from a real estate perspective, that distinction is incredibly important.
What About Homes Purchased After Hurricanes Helene and Milton?
This is where I think the expanded disclosure requirements are especially relevant to Southwest Florida real estate. After Hurricanes Helene and Milton, investors purchased a number of storm-damaged or distressed properties throughout our area. Some were extensively renovated and later returned to the market. A beautiful renovation doesn't erase the importance of understanding a property's history.
There is an important distinction, however. The statutory flood disclosure specifically asks about flooding that damaged the property during the current seller's ownership. It should not be interpreted to mean that every investor automatically has to report flooding that occurred before they acquired the property simply because they purchased it after a hurricane.
Florida also has broader seller disclosure obligations concerning known facts that materially affect a property's value and are not readily observable to a buyer. This is exactly why buyers should ask questions, review available documentation and perform appropriate inspections and due diligence rather than assuming that a completely renovated property has never experienced flooding.
YES, This Can Include Residential Vacant Land
This is one of the most important details for buyers and sellers in Charlotte County because we have such a significant vacant residential land market. Florida Statute 689.302 applies to a purchaser of "residential real property." According to guidance from Florida Realtors, the statute does not specifically define that term. Their legal guidance recommends a conservative approach: if vacant land is zoned for residential use or is intended for residential use, the seller should provide the flood disclosure.
Think about that for a moment.
Flood history isn't only important when there is a house sitting on the property. For someone considering purchasing a residential lot in Punta Gorda, Port Charlotte, Englewood or elsewhere in Southwest Florida to build a future home, knowing that the property has experienced flooding can be extremely valuable information. Vacant doesn't necessarily mean "nothing to disclose."
What Does Florida Consider "Flooding"?
For purposes of Florida's statutory disclosure, flooding isn't limited to hurricane storm surge. The definition includes temporary or general inundation of the property resulting from conditions such as overflow of inland or tidal waters, accumulation or runoff of surface waters, and sustained periods of standing water resulting from rainfall. That distinction can be particularly important in Southwest Florida, where two properties relatively close to one another can have very different elevations, drainage characteristics and flooding histories.
The Flood Disclosure Is Required Before or When the Contract Is Executed
Timing matters too. The seller's Flood Disclosure must be provided to the buyer at or before the time the sales contract is executed. Florida Realtors subsequently updated its Flood Disclosure form, FD-2, to incorporate the expanded requirements. The form now specifically asks the seller about knowledge of flooding that damaged the property during the seller's ownership.
Florida's Flood Disclosure Requirements Also Expanded to Rentals
The 2025 legislation didn't stop with property sales. Florida also established flood disclosure requirements for certain residential rental agreements with terms of one year or longer. Landlords must provide the required disclosure at or before execution of the applicable rental agreement, and the flood disclosure must be provided as a separate document. Under certain circumstances, failure to provide the required disclosure can give a tenant who subsequently suffers substantial flood-related loss or damage the right to terminate the lease.
Why I Think This Is Good for Florida Real Estate
Transparency is good for everyone involved in a real estate transaction. It's good for buyers because they can make a more informed decision. It's good for sellers because appropriate disclosure can reduce uncertainty and help prevent a major issue from surfacing halfway through a transaction. And it's good for the Florida real estate market because buyers should be able to evaluate a property based on accurate information rather than assumptions.
The original 2024 flood disclosure requirement was a very good first step. The expanded law closes an important gap by addressing actual known flood damage, not simply whether someone made an insurance claim. For Southwest Florida, where hurricanes, storm surge, heavy rainfall and drainage are legitimate considerations when evaluating real estate, that is a meaningful improvement.
Buying or Selling Property in Punta Gorda or Port Charlotte?
Whether you're considering a waterfront home in Punta Gorda, a home in Port Charlotte, a condo, villa, townhouse or vacant residential lot, flood history should be part of the conversation. Flood zones, previous flooding, elevation, flood insurance and storm history are related issues, but they are not necessarily the same thing. A property being located in a particular FEMA flood zone doesn't, by itself, tell you whether that property has previously experienced flooding. That's where asking the right questions and doing your due diligence really matters.
Thinking about buying or selling?
If you are considering selling or purchasing real estate in Punta Gorda, Port Charlotte, Englewood, North Port or the surrounding Southwest Florida area, I'd be happy to meet with you and see if we are a good fit for each other and to reach your real estate goals.
Sondra Johnson, REALTOR®
John R. Wood Properties | Christie's International Real Estate
📱 512-917-9143
📧 SJohnson@JohnRWood.com
Making Southwest Florida Realty Dreams a Reality!
About the Author: Sondra Johnson, REALTOR® | Southwest Florida Real Estate
Sondra Johnson is a REALTOR® with John R. Wood Properties. Licensed and serving Southwest Florida since 2019, Sondra specializes in luxury residential real estate and brings decades of experience in project management, leadership and marketing strategy. She can be reached at (512) 917-9143 or SJohnson@JohnRWood.com.
This article is provided for general informational purposes and is not intended as legal, insurance or flood-zone advice. Property owners and buyers with questions regarding their specific legal obligations should consult the appropriate attorney, insurance professional or other qualified professional.
