Florida Flood Disclosure for Home Sellers, Explained
Since October 1, 2025, every Florida seller of a home answers three yes-or-no questions about flooding before the buyer signs. This guide reads the form line by line, shows what each answer touches (insurance, financing, price and liability), and lists the records a seller in Port St. Lucie, the Treasure Coast or Palm Beach County should pull before the listing goes live. The statute behind it, often called the Florida flood disclosure law, is Section 689.302.
Quick Answer: What is the Florida flood disclosure for home sellers?
The Florida flood disclosure for home sellers is a statutory form (section 689.302, Florida Statutes) that every seller of residential property must give the buyer at or before contract signing. Since October 1, 2025, it asks whether the seller knows of flood damage during ownership, filed a flood claim, or received flood assistance from any source.
- Section 689.302, Florida Statutes, took effect October 1, 2024 (Chapter 2024-215, Laws of Florida, HB 1049).
- Chapter 2025-166 (CS/CS/SB 948) expanded the form effective October 1, 2025, adding the seller’s knowledge of flood damage and assistance “from any source”; the bill passed the Senate 37-0 and the House 114-0 (Florida Senate bill summary, accessed October 2026).
- Citizens Property Insurance requires flood coverage on personal residential wind policies with Coverage A of $400,000 or more since January 1, 2026, and on all such policies by January 1, 2027 (Citizens, accessed October 2026).
- The City of Port St. Lucie holds Community Rating System Class 5, worth a 10% to 25% discount on flood insurance renewals for residents (City of Port St. Lucie, April 27, 2026).
- A new NFIP flood policy typically carries a 30-day waiting period unless it is bought in connection with a loan closing (FEMA, page updated January 2, 2026).
In this guide
- What is the Florida flood disclosure for home sellers?
- What changed in the flood disclosure on October 1, 2025?
- What counts as “flooding” on the Florida form?
- When must a seller deliver the flood disclosure, and who completes it?
- Does the flood form replace the general duty to disclose?
- How does a “yes” affect price, insurance and the buyer’s loan?
- Which flood records should a seller gather before listing?
- Where are flood records in Port St. Lucie and the Treasure Coast?
- Where are flood records in Palm Beach County?
- How do you present a “yes” answer without losing the buyer?
- What happens if a seller skips or misstates the disclosure?
- Which other Florida disclosures travel with the flood form?
- Frequently asked questions
What is the Florida flood disclosure for home sellers?
Florida’s flood disclosure for home sellers is a one-page form, required by section 689.302 of the Florida Statutes, that a seller of residential real property must complete and give to the buyer at or before the time the sales contract is signed. The statute prints the exact wording of the form, so every seller in Florida answers the same questions in the same order, whether the home sits on a canal in Port St. Lucie, Florida, or on a golf course in Wellington.
The form has a heading, an insurance notice, three yes-or-no statements and a definition. The insurance notice tells the buyer that homeowners’ insurance policies do not include coverage for damage resulting from floods, and it encourages the buyer to discuss separate flood insurance with the buyer’s own insurance agent. That notice matters for a seller because it moves the flood-insurance conversation to the start of the transaction instead of the last week before closing.
The three statements, in the order the statute prints them, are:
- The seller has, or has no, knowledge of any flooding that has damaged the property during the seller’s ownership of the property.
- The seller has, or 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 (NFIP).
- The seller has, or has not, received assistance for flood damage to the property, including but not limited to assistance from the Federal Emergency Management Agency (FEMA).
The fourth paragraph of the form defines “flooding” for the purpose of those three answers. Section 3 of this guide reads that definition closely, because it is wider than most sellers expect.
The National Flood Insurance Program is the federal program, run by FEMA, that sells flood insurance through private insurance companies and its own direct channel; FEMA reports about 4.7 million NFIP policyholders nationwide (FEMA, page updated January 2, 2026). A claim with the NFIP is the most common example of statement 2, but the statute says “including, but not limited to,” so a flood claim with a private flood insurer counts the same way.
Florida Realtors publishes the statutory text as its Flood Disclosure form, referred to as form FD-2 in Florida Realtors’ July 2026 legal update (Florida Realtors, July 28, 2026). Using the association form is common practice, but the legal duty comes from the statute, not from the form number. A seller who lists for sale by owner, an estate selling through a personal representative, and a seller using any brokerage all fall under the same sentence of the statute: “A seller must complete and provide a flood disclosure to a purchaser of residential real property.”
Two features of the form surprise sellers. First, the answers are checkboxes, with no space for explanation; the Florida Senate staff analysis of the 2025 bill notes that the questions are all “yes/no” without further detail (Florida Senate, March 24, 2025). Second, the form asks about the seller’s own experience and records, not about the flood zone on FEMA’s map. A home in a low-risk zone can require a “yes,” and a home in a high-risk zone that never took water can carry three “no” answers. The flood zone is a separate topic, covered for buyers in our guide to Port St. Lucie flood zones by neighborhood; the disclosure is about history.
The flood form sits beside, not inside, the general property disclosure most Florida sellers complete. For the full picture of what a Florida seller must tell a buyer about roofs, permits, associations and known defects, read the series guide to Florida seller disclosure requirements.
What changed in the flood disclosure on October 1, 2025?
On October 1, 2025, Florida widened the flood disclosure in two ways: the form now asks whether the seller knows of any flooding that damaged the property during the seller’s ownership, even if no claim was filed, and the assistance question now covers help from any source instead of federal sources only. Chapter 2025-166, Laws of Florida (CS/CS/SB 948), made both changes (Florida Senate bill summary and section 689.302 history note, accessed October 2026).
The original law, Chapter 2024-215 (HB 1049), took effect October 1, 2024. That first version asked two questions: whether the seller had filed a flood insurance claim and whether the seller had received federal flood assistance. The Florida Senate staff analysis of the 2025 bill describes the earlier rule exactly that way: a seller “must disclose whether the seller has filed a flood insurance claim and whether the seller has received federal flood aid” (Florida Senate, March 24, 2025).
The practical gap in the 2024 version was obvious to anyone who has walked a Florida home after a summer storm. A seller who had water in the family room, paid a contractor out of pocket and never called an insurer could truthfully check “no” twice. The 2025 knowledge question closes that gap. A seller who paid for drywall and flooring after water came in now answers statement 1 “has knowledge,” whatever the insurance file shows.
| Element of the form | Version effective Oct. 1, 2024 (ch. 2024‑215) | Version effective Oct. 1, 2025 (ch. 2025‑166) |
|---|---|---|
| Insurance notice (homeowners’ policies exclude flood) | Yes | Yes, unchanged |
| Seller’s knowledge of flooding that damaged the property during ownership | Not asked | Added as statement 1 |
| Flood insurance claim filed (NFIP or other insurer) | Asked | Asked, now statement 2 |
| Assistance received for flood damage | Federal assistance only | Assistance from any source, “including, but not limited to” FEMA |
| Definition of “flooding” | Three causes listed | Same three causes, now paragraph 4 |
| Delivery deadline | At or before contract execution | At or before contract execution, unchanged |
The same 2025 law reached beyond resale homes. Chapter 2025-166 created section 83.512 of the Florida Statutes, which requires a residential landlord to give a prospective tenant a separate flood disclosure, and amended section 723.011 for mobile home park lot leases (Florida Senate staff analysis, March 24, 2025). Florida Realtors described the landlord duty as applying to leases of one year or longer (Florida Realtors, September 2025). A tenant who did not receive the landlord’s disclosure and suffers substantial flood loss may end the lease within 30 days of the loss and recover rent paid in advance (Florida Senate staff analysis, March 24, 2025).
The 2025 law also amended sections 718.503 and 719.503 so that condominium and cooperative developers include flood disclosures in their sales contracts. For the resale of an existing condominium or cooperative unit, the Senate staff analysis states that the general form in section 689.302 applies (Florida Senate, March 24, 2025). A seller of a resale condo in Palm Beach County therefore uses the same three-question form as a seller of a single-family home in St. Lucie West.
For sellers, the timeline matters in one more way. A contract signed before October 1, 2025 was governed by the two-question version. A home that was listed in 2025 and is being relisted in 2026 needs a fresh form on the current wording, not a copy of an older disclosure from the first listing period.
What counts as “flooding” on the Florida form?
For the purposes of the form, flooding is a general or temporary condition of partial or complete inundation of the property caused by the overflow of inland or tidal waters, the unusual and rapid accumulation of runoff or surface waters from an established water source such as a river, stream or drainage ditch, or sustained periods of standing water resulting from rainfall (section 689.302(4), Florida Statutes, accessed October 2026). Water that starts inside the house, such as a burst supply line, does not fit any of the three causes on the face of the definition.
The third cause, sustained standing water from rainfall, is the one sellers in Port St. Lucie, Florida, tend to overlook. The definition does not require a hurricane, a named storm, a river or a flood zone. It requires inundation of the property from one of the three causes. “Property” is broader than “house,” which means a seller should think about the lot, the garage, the pool deck and any outbuilding as well as the living area. Statement 1, however, asks only about flooding “that has damaged the property,” so the question the seller answers is whether the inundation caused damage, not whether a puddle formed.
A scenario map for the four lines of the form
The table below matches common situations to the line of the form they touch. It reads the statutory text only. Where the text leaves room for interpretation, the table says so; those are the questions to bring to a Florida real estate attorney before signing.
| Situation during the seller’s ownership | Fits the statutory definition of “flooding”? | Lines of the form it touches |
|---|---|---|
| Rising canal or river water entered the garage and damaged drywall | Yes, on its face: overflow of inland waters | Statement 1; statement 2 if a flood claim was filed; statement 3 if any assistance was received |
| Heavy rain left water standing in the yard for days and killed sod, with no water in the house | Possibly: “sustained periods of standing water resulting from rainfall” | Statement 1 only if the flooding “damaged the property”; ask an attorney whether landscape loss counts |
| Storm surge reached a coastal lot on Hutchinson Island or a barrier island in Palm Beach County | Yes, on its face: overflow of tidal waters | Statements 1, 2 and 3 as applicable |
| A washing machine hose or water heater failed and soaked the floors | No cause on the face of the definition | Not a flood answer, but a known water-damage history may still belong on the general property disclosure |
| Wind-driven rain came through a damaged roof during a hurricane | Unclear; the definition speaks of inundation from outside water sources | Ask an attorney; disclose the roof and water damage on the general property disclosure |
| The seller paid a contractor out of pocket after water came in, with no claim | Yes, if the water came from one of the three causes | Statement 1 (“has knowledge”) even though statements 2 and 3 may be “no” |
| A flood claim was filed and denied | Depends on the event | Statement 2 asks whether a claim was “filed,” not whether it was paid |
| A relative, charity, county program or disaster loan helped pay for flood repairs | Depends on the event | Statement 3 now covers assistance from any source; ask an attorney how a loan is treated |
Two lines in the table deserve emphasis. Statement 2 is about filing, not payment: a claim that was filed and denied is still a claim filed. Statement 3, since October 1, 2025, is about assistance from any source, so a seller should not stop at FEMA when thinking back over repairs. The statute does not define “assistance,” and that is a question for counsel when the help came from a family member, an employer fund or a low-interest disaster loan.
The contrarian check: “I’m in Zone X and never filed a claim, so every box is no”
The most common seller belief about this form is that a low-risk flood zone and an empty claims history add up to three “no” answers. The statute settles the point the other way. Flood zones never appear in section 689.302. Statement 1 asks about knowledge of flooding that damaged the property, and the definition includes sustained standing water from rainfall, which can happen anywhere in Florida. A seller in a Zone X subdivision who replaced baseboards after water came in under a sliding door during a rain event has a statement 1 question to think through, even with a spotless insurance file.
The reverse is also true. A home inside a high-risk zone, such as a canal-front lot, can carry three honest “no” answers if it has never taken damaging water during the seller’s ownership. The zone affects the buyer’s insurance and the lender’s requirements, which section 6 covers; it does not decide the seller’s answers.
When a water event does not fit neatly into any row of the table, the safest course is to write down what happened, when, what was repaired and by whom, and review that note with a Florida real estate attorney before checking a box. The form gives no room to explain, but nothing stops a seller from delivering a separate written explanation and supporting documents alongside it, which section 10 describes.
This section describes the statutory text only. For how it applies to your water event, consult a Florida real estate attorney.
When must a seller deliver the flood disclosure, and who completes it?
The seller must complete the flood disclosure and provide it to the buyer at or before the time the sales contract is executed (section 689.302, Florida Statutes). The seller completes it, not the listing agent, the title company or the buyer’s agent, because the answers depend on the seller’s own knowledge and records.
“At or before” sets an outer limit, not a target. The workable practice is to complete the form before the listing goes live and make it available to every buyer’s agent who asks, so that no offer is written without it. A form handed over in the middle of a negotiation, after the buyer has already committed emotionally and financially to a price, invites a second negotiation. A form attached to the listing from day one becomes part of the price the buyer offers.
Who signs for sellers who are not ordinary owner‑occupants?
- Married or co-owning sellers. Each owner’s knowledge counts. Co-owners should complete the form together so that one owner’s memory of a storm does not contradict the other’s answers.
- Estates and trusts. A personal representative or trustee answers for the period of the estate’s or trust’s ownership and from the records that person can reach. Section 7 explains how an owner can request the NFIP loss history for the property, which is often the only record an heir has. The series includes separate guides for inherited homes; for an estate sale, coordinate the disclosure with the probate attorney.
- Sellers who rented the home out. If the property was leased on or after October 1, 2025, the landlord already had a duty under section 83.512 to give the tenant a flood disclosure. That lease disclosure and the sale disclosure should match. Our guide to selling a rental property with tenants in Port St. Lucie covers the tenant side of a sale.
- Out-of-state owners. A seasonal owner who was away during a storm may not know whether water came in. The answer has to reflect what the seller knows; a property manager’s reports, a neighbor’s photos and insurance correspondence are the places to check before signing.
- Condominium unit owners. The resale of a condominium unit uses the same section 689.302 form (Florida Senate staff analysis, March 24, 2025). Whether flooding of a common-element garage “damaged the property” for a unit owner is a question to put to an attorney; the series guide to selling a condo after the milestone inspection covers the association records that buyers ask for at the same time.
How the form moves through a typical listing
Seller completes and signs the form
The seller, with the listing agent explaining the wording and an attorney available for any uncertain answer, completes the form before the listing is published. Plan for this during the pre-listing week, alongside the general property disclosure.
Listing agent makes it available with the listing
The listing agent stores the signed form with the other seller disclosures and provides it to any buyer’s agent who asks, so it reaches the buyer before an offer is drafted.
Buyer acknowledges receipt before signing
The buyer signs or initials the receipt before the contract is executed. A dated acknowledgment is the seller’s proof that the form arrived “at or before” contract execution.
The title or closing file keeps a copy
The listing agent sends the acknowledged form to the closing agent with the executed contract so that the file shows the disclosure was made. The contract and the disclosure travel together through closing.
If a flood happens after the form is signed but before closing, the form’s answers describe a past moment. Standard M (“Risk of Loss”) of the FR/BAR “AS IS” contract governs casualty damage between signing and closing: if restoration costs no more than 1.5% of the purchase price, restoration is the seller’s obligation and closing proceeds, and if it costs more, the buyer chooses between taking the property “as is” together with the 1.5% or receiving the deposit back (FR/BAR “AS IS” contract, form ASIS-7x, accessed October 2026). The seller should tell the listing agent at once so the agent and the attorneys can decide how to update the disclosure.
Does the flood form replace the general duty to disclose?
No. The flood form adds a specific statutory disclosure on top of Florida’s general rule, set by the Florida Supreme Court in Johnson v. Davis (1985), that a seller of a home who knows of facts materially affecting the value of the property that are not readily observable and are not known to the buyer must disclose them. The Florida Senate staff analysis of the 2025 flood bill describes both rules side by side (Florida Senate, March 24, 2025).
Before 1985, Florida followed caveat emptor, a Latin phrase for “let the buyer beware,” under which a seller had no duty to disclose defects. Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), replaced that rule for residential sales. A later appellate decision, Rayner v. Wise Realty Co. of Tallahassee, 504 So. 2d 1361 (Fla. 1st DCA 1987), held that the duty applies even when the buyer agrees to buy “as is” (both cited in the Florida Senate staff analysis, March 24, 2025). The Florida Realtors/Florida Bar “AS IS” Residential Contract is the statewide contract form in which the buyer accepts the property in its present condition, with an inspection period to decide whether to proceed; the “as is” label does not erase the seller’s duty to disclose known latent defects.
Why the courts needed a flood-specific rule
Before 2024, Florida appellate courts were split on whether a tendency to flood is “readily observable.” In Nelson v. Wiggs, 699 So. 2d 258 (Fla. 3d DCA 1997), buyers in the East Everglades area of Miami-Dade County lost their claim because the court found seasonal flooding of the area was common knowledge they could have learned with diligent attention. In Newbern v. Mansbach, 777 So. 2d 1044 (Fla. 1st DCA 2001), the appellate court ruled for buyers whom the seller had not told that the property sat in a Coastal Barrier Resources Act area and was ineligible for federal flood insurance (both summarized in the Florida Senate staff analysis, March 24, 2025). Section 689.302 ended the argument about the three items on the form: those items are disclosed in writing, whether or not a buyer could have found them.
The question the form does not ask: flooding before you owned the home
Statement 1 asks only about flooding “during Seller’s ownership of the property.” A seller who learned from a neighbor, an old inspection report or an NFIP loss-history letter that the house flooded under a previous owner is not asked about it on the flood form. That does not make the information irrelevant. Under the Johnson v. Davis rule, a known fact that materially affects value and is not readily observable is a disclosure question in its own right, regardless of when the event happened. Whether a particular prior-owner flood meets that test is a legal judgment for a Florida real estate attorney, and the cautious path is to raise it with counsel before the listing goes live.
The general property disclosure most sellers complete, the Florida Realtors Seller’s Property Disclosure – Residential form (check that you’re on the current revision in Form Simplicity), asks broader questions. Its Section 3, “Water Intrusion; Drainage; Flooding,” asks whether past or present water intrusion or drainage or flooding problems have affected the property, whether any of the property is in a special flood hazard area or seaward of the coastal construction control line, whether the lender requires flood insurance, and whether the seller has an elevation certificate. A seller should answer those questions consistently with the flood form. A “no” on the flood form and a description of past water intrusion on the general disclosure can both be true, as the scenario table in section 3 shows, but the seller and the attorney should make sure the two documents read as one coherent account.
Disclosure law is fact-specific. For advice on what you must disclose about your property, consult a Florida real estate attorney.
How does a “yes” affect price, insurance and the buyer’s loan?
A “yes” on the Florida flood disclosure changes the buyer’s insurance quote and due diligence more than it changes the contract terms, and in 2026 insurance is where flood history turns into price. The buyer’s ability to insure the home at a known premium decides whether the buyer can close, so a seller’s flood history and flood insurance records feed directly into how the home should be priced and marketed.
Federal lender rules for high-risk flood zones
A Special Flood Hazard Area (SFHA) is the land FEMA maps as having a 1% or greater chance of flooding in any given year, shown on the Flood Insurance Rate Map (FIRM) as zones beginning with A or V. FEMA states that homes in high-risk flood areas with mortgages from government-backed lenders are required to have flood insurance (FEMA, page updated January 2, 2026). For a seller, that means a buyer using a conventional, FHA or VA loan on a home in an SFHA will need a flood policy in place at closing, whatever the disclosure says.
Citizens Property Insurance and the 2027 flood requirement
Citizens Property Insurance Corporation is Florida’s state-created insurer of last resort, and its flood requirement now reaches homes outside high-risk zones. Under section 627.715, Florida Statutes, personal residential Citizens policies that include wind coverage must carry flood insurance on a phased schedule: Coverage A of $600,000 or more from January 1, 2024; $500,000 or more from January 1, 2025; $400,000 or more from January 1, 2026; and all such policies from January 1, 2027 (Citizens Property Insurance, accessed October 2026). Citizens states that condominium unit-owner policies, tenant contents policies and policies that exclude wind are not subject to the requirement.
For a seller, the Citizens schedule creates a new kind of buyer. A buyer who ends up with Citizens for wind coverage will need a flood policy too, and the flood underwriter will ask about prior losses. A seller with a clean flood file, an elevation certificate and current flood policy declarations hands that buyer an easy quote. A seller with a “yes” on statement 2 should expect the buyer’s agent to ask for the claim details before the inspection period ends.
The contract paragraphs that give the buyer an exit
Florida Realtors’ July 2026 legal update states that paragraph 10(d) of the FR/BAR and FR/BAR “AS IS” contracts already allows a buyer to terminate if flood insurance cannot be obtained, and that Addendum H (“Homeowner’s/Flood Insurance”) lets a buyer set a maximum premium for homeowners’ insurance, flood insurance or both and terminate if coverage at or below that price is not available by the deadline; the default deadline is 30 days after the effective date or 10 days before closing (Florida Realtors, July 28, 2026). Paragraph 10(d), titled “Flood Zone; Elevation Certification,” advises the buyer to verify by elevation certificate which flood zone the property is in. It lets the buyer terminate and recover the deposit within 20 days after the Effective Date (if the blank is left empty) when the property is in a Special Flood Hazard Area or a Coastal Barrier Resources Act area and either the lowest floor elevation is below the minimum flood elevation or the property is ineligible for NFIP or private flood insurance; a buyer who does not terminate in time accepts the existing elevation and flood zone designation (FR/BAR “AS IS” contract, form ASIS-7x, accessed October 2026).
An elevation certificate is a FEMA form completed by a licensed surveyor or engineer that records the building’s elevations relative to the base flood elevation, and it is the document flood insurers use to rate a building. A seller who already has one shortens the buyer’s quote process by days.
Assigning the seller’s flood policy to the buyer
FEMA states that a new NFIP policy typically has a 30-day waiting period before coverage starts, with exceptions such as coverage bought in connection with making a mortgage loan (FEMA, page updated January 2, 2026). FEMA states that written assignment of an NFIP policy is permissible upon transfer of title without FEMA’s consent, except for a residential contents-only policy or a policy issued on a building under construction (FEMA, “Assignment,” accessed October 2026). A seller who asks the flood insurance agent to process the assignment before closing gives the buyer a path to continuous coverage, and the agent can confirm how the assignment is handled for that policy. For a seller, an assignable policy with a known premium is a selling point worth putting in the listing remarks and the disclosure packet, especially for a home in an SFHA.
Where price comes in
The disclosure itself does not set a discount. Price follows what the market does with the information. A written pricing analysis for a home with flood history should compare closed sales with similar flood zones, elevations and insurance profiles, not just similar square footage, because the buyer’s monthly payment includes the flood premium. Buyers using Florida Hometown Heroes assistance or another payment-sensitive loan feel the premium most; our guide to the Florida Hometown Heroes program explains that buyer program, and our buyer-side guide shows what flood insurance costs buyers in Port St. Lucie.
Which flood records should a seller gather before listing?
A seller should gather six flood records before listing: the FEMA flood zone for the parcel, any elevation certificate, the NFIP loss history for the property, current flood and homeowners’ policy declarations, records of any claims or assistance, and invoices and permits for flood repairs or mitigation. Together they let the seller answer the form accurately and let the buyer’s insurer quote without delay.
The order matters, because each record points to the next. The steps below are the pre-listing flood file, with the person responsible for each step and a planning range for how long it takes. Agency response times vary, so start the slowest request, the NFIP loss history, first.
Request the NFIP loss history for your property (seller, day 1)
FloodSmart, FEMA’s NFIP site for agents, explains that the current owner of a home may request details of NFIP flood claims and payments on the property, both during and before that owner’s ownership, with identity verification under 6 CFR § 5.21 (FloodSmart, “FAQs About NFIP Data,” accessed October 2026). The loss history covers paid NFIP claims on the building since construction, or since 1978 for older buildings. FEMA sets the response time, so send this request first and ask your insurance agent or the listing agent how to submit it with the required identity verification.
Pull the flood zone from the FEMA map (listing agent or seller, day 1)
The FEMA Flood Map Service Center (msc.fema.gov) shows the effective FIRM panel and zone for an address. Port St. Lucie and Palm Beach County also offer local lookups, listed in sections 8 and 9. Save a dated screenshot or the FIRMette printout for the file.
Look for an existing elevation certificate (seller, days 1–5)
Check closing documents from your purchase, your insurance agent’s file and the local floodplain office, which keeps elevation certificates for new construction and substantial improvements. If none exists and the home is in an SFHA, ask the listing agent whether ordering one before listing makes sense for your price range.
Collect insurance declarations and claim letters (seller, days 1–5)
Ask your homeowners’ and flood insurers for current declarations pages and any claim history. A Comprehensive Loss Underwriting Exchange (CLUE) report is a consumer report of insurance claims on a property that insurers share, and Florida buyers’ insurers check it; LexisNexis Risk Solutions operates C.L.U.E., which holds seven years of home insurance and personal property claims, and a consumer can get one free report every 12 months on request at consumer.risk.lexisnexis.com (Consumer Financial Protection Bureau, accessed October 2026).
Assemble repair and mitigation receipts and permits (seller, days 3–7)
Invoices for drywall, flooring, mold remediation, regrading, French drains, flood vents or raised equipment show what was done and when. Permits for that work matter twice: once for the flood story, and once because open or missing permits become their own issue at closing, explained in our guide to clearing open permits before closing.
Draft a one-page written history (seller with listing agent, day 7)
For any “yes,” write a factual timeline: date of the event, source of the water, areas affected, repairs, contractor, permit numbers and any claim or assistance. Have a Florida real estate attorney review it before it goes to buyers.
Complete and sign the flood form and the general disclosure (seller, before listing day)
Complete the two disclosures together so the answers match, then file them with the listing so every buyer receives them before an offer is written.
The flood file also feeds the insurance inspections buyers order. A 4-point inspection is a limited report on the roof, electrical, plumbing and HVAC systems that Florida insurers often require on older homes, and a wind mitigation report documents features such as roof-to-wall connections and opening protection that can lower the wind premium. Our series guide to 4-point and wind mitigation reports before you list explains how those two reports sit next to the flood file.
Where are flood records in Port St. Lucie and the Treasure Coast?
In Port St. Lucie, Florida, the starting point for flood records is the City of Port St. Lucie’s flood page (cityofpsl.com/Flood), which publishes the city’s flood reports under its “Annual Reports” tab, alongside the FEMA Flood Map Service Center for the effective map (City of Port St. Lucie, April 27, 2026). For parcels in unincorporated St. Lucie County, Fort Pierce, Martin County (Stuart, Palm City, Jensen Beach) and Indian River County (Vero Beach), the FEMA map and each jurisdiction’s floodplain office are the sources.
The City of Port St. Lucie has participated in the NFIP Community Rating System (CRS) since 1991 (City of Port St. Lucie, April 27, 2026). The Community Rating System is FEMA’s voluntary program that discounts flood insurance premiums in communities whose floodplain management exceeds the NFIP minimums. The city reports that it holds CRS Class 5, up from Class 8, which brings a 10% to 25% discount on flood insurance premium renewals for residents (City of Port St. Lucie, April 27, 2026). A seller can mention that discount in the listing, because it lowers the buyer’s flood premium on every policy written in the city.
The city’s 2026 notice points residents to two documents: the Local Mitigation Strategy Progress Report and the Program for Public Information Evaluation Report (City of Port St. Lucie, April 27, 2026). Neither report answers a seller’s form questions, but both describe the city’s flood mitigation work, which a seller of a canal-front home can reference when a buyer asks how drainage is managed.
Local features buyers ask about in Port St. Lucie
- Canals and the North Fork of the St. Lucie River. Homes on the city’s canal system and along the North Fork draw the most flood-zone questions. Our guide to selling a waterfront home on the Treasure Coast covers seawalls, docks and the buyer pool for those lots.
- Swales and lot drainage. Many older Port St. Lucie neighborhoods drain through roadside swales. Standing water in a swale after rain is not the same as flooding that damaged the property, but a buyer walking the lot after a storm will ask, and the seller’s written history should be ready.
- Planned communities. In Tradition, St. Lucie West and Verano, stormwater moves through community lakes and drainage systems maintained by a community association or a special district. A CDD (Community Development District) is a special-purpose local government that finances and maintains infrastructure such as stormwater systems and charges owners a non-ad valorem assessment on the tax bill. Sellers can point buyers to the district’s public records for drainage maintenance.
- Hutchinson Island. Oceanfront and riverfront parcels on Hutchinson Island face both storm-surge mapping and, for parcels seaward of the coastal construction control line, a separate statutory disclosure described in section 12.
FEMA map dates for St. Lucie County
FEMA’s preliminary coastal flood maps for St. Lucie County were presented at public open houses in September 2017 and March 2018. FEMA’s final flood hazard determinations for St. Lucie County and its incorporated areas, including the City of Port St. Lucie, Fort Pierce and St. Lucie Village, set February 19, 2020 as the effective date of the revised FIRM (Federal Register, October 16, 2019). Before quoting a zone to a buyer, confirm the panel and date in effect for the parcel on the FEMA Flood Map Service Center, because a later map revision can change an individual property. When a map revision is pending, the seller should tell the buyer which map was checked and on what date, because a buyer’s lender will use the map in effect at closing.
For property taxes, which buyers ask about in the same conversation, our St. Lucie County property tax estimator shows how a buyer’s tax bill resets after a sale. Port St. Lucie seller services, including the pricing analysis and pre-listing plan, are summarized on the Port St. Lucie seller services page.
Where are flood records in Palm Beach County?
In Palm Beach County, the countywide FEMA Flood Insurance Rate Map took effect October 5, 2017, and the county publishes an interactive flood zone lookup, MyGeoNav, that shows the 2017 FIRM zones and the Limit of Moderate Wave Action (Palm Beach County Planning, Zoning and Building, accessed October 2026). For unincorporated Palm Beach County, the Building Division’s flood zone information service at floodzone@pbcgov.org answers flood zone and elevation certificate questions.
The Limit of Moderate Wave Action (LiMWA) is a line FEMA draws on coastal FIRMs to mark the inland limit of waves of 1.5 feet or more during the base flood, and it affects building standards and insurance rating for coastal homes. A seller of a home near the Intracoastal Waterway or the ocean in Jupiter, Juno Beach, Palm Beach, Delray Beach or Boca Raton should print the MyGeoNav view showing the zone and the LiMWA for the disclosure packet.
Incorporated cities in Palm Beach County participate in the NFIP as their own communities and keep their own floodplain records, so a seller in Boca Raton, Delray Beach, Boynton Beach, West Palm Beach, Palm Beach Gardens, Jupiter or Wellington should ask that city’s building or floodplain office whether an elevation certificate is on file for the address and how to request a copy. Palm Beach County’s own Building Division states that elevation certificates are required for new construction and substantial improvement or damage projects, which is why older homes often have none.
Condominiums and coastal parcels in Palm Beach County
For a resale condominium in Palm Beach County, the unit seller completes the same section 689.302 form as a single-family seller (Florida Senate staff analysis, March 24, 2025). Buyers of condos in older coastal buildings will also ask about the association’s flood policy, the building’s elevation certificate and any flood damage to the garage or ground floor, which are association records. Coordinating those requests early keeps the flood questions from delaying the estoppel and approval timeline covered in our guide to estoppel certificates for Florida sellers.
Oceanfront parcels seaward of the coastal construction control line carry a separate written disclosure under section 161.57, Florida Statutes, described in section 12. For city-specific selling steps, read the Boca Raton seller guide and the Delray Beach seller guide; higher-priced coastal listings are covered on the Palm Beach County luxury listing page.
How do you present a “yes” answer without losing the buyer?
A seller presents a “yes” on the Florida flood disclosure by pairing the checkbox with documents: a dated written history, repair invoices and permits, before-and-after photos, the elevation certificate, current flood policy declarations and any mitigation added since the event. Buyers react to uncertainty more than to the word “yes,” and a documented history turns an open question into a known, priced condition.
The statutory form has no room for explanation, so the explanation travels as an attachment. The attachment should be factual, dated and reviewed by an attorney before it goes out. It should not minimize the event or speculate about the future (“it will never happen again”). Statements that go beyond the facts create the risk the disclosure is meant to remove.
What a complete “yes” packet contains
- The signed flood form and the signed general property disclosure, consistent with each other.
- A one-page timeline: date, water source, rooms or areas affected, depth if known, repairs, contractor, permits.
- Invoices, permits and final inspections for the repairs; mold remediation clearance if remediation was done.
- Claim correspondence or assistance letters, if statement 2 or 3 is “yes.”
- The FEMA zone printout, the elevation certificate if one exists, and current flood policy declarations showing the premium.
- Records of mitigation completed after the event, such as regrading, drainage work, flood vents or raised equipment.
When to release the packet
The packet goes out with the listing disclosures, before showings produce offers. A buyer who reads it before writing an offer prices the history into the offer. A buyer who learns about a flood claim from a CLUE report or an insurer during the inspection period often uses the surprise to renegotiate or cancel. For a full treatment of how buyers use the inspection period, see the series guide to repair requests after the home inspection.
Jeannie Jacobson, REALTOR® with RE/MAX Gold in Port St. Lucie, Florida, starts every listing with a written pricing analysis and a pre-listing plan, and for a home with any water history the flood file belongs in that plan before the first photo is taken. The seller answers the form, and an attorney reviews any uncertain answer; Jeannie Jacobson’s role is to make sure the records exist, the general disclosure and the flood form tell the same story, and the buyer’s agent receives the packet with the listing. She coordinates the same file for out-of-state owners and works with sellers in English and Spanish, so the person who knows the property’s history can read every page in the language they use.
What happens if a seller skips or misstates the disclosure?
Section 689.302 does not list its own penalty or remedy; the statute states the duty and prints the form. A seller who skips or misstates the disclosure faces the remedies available under Florida’s general law of nondisclosure and misrepresentation, and the Florida Senate staff analysis of the 2025 bill notes that the new and revised requirements “may increase the potential for lawsuits (and damages)” where a required disclosure is not made (Florida Senate, March 24, 2025).
That analysis is the most direct official statement on consequences. The general rules behind it come from the case law in section 5: under Johnson v. Davis, a seller who conceals known material facts that are not readily observable can be liable to the buyer, and an “as is” clause does not remove that duty. Whether a missing or inaccurate flood form supports rescission of the contract, damages or both depends on the facts and on how courts apply the statute, which is a question for a Florida real estate attorney.
Correcting a disclosure before closing
If a seller realizes after signing that an answer was wrong, for example because an NFIP loss-history letter arrives showing a claim the seller had forgotten, the safest course is to tell the listing agent the same day and correct the disclosure in writing with an attorney’s guidance. A correction may lead the buyer to renegotiate; a concealed error discovered after closing can lead to a lawsuit. The cost of the first is almost always lower than the cost of the second.
The listing agent’s position
Florida real estate licensees have their own duty: section 475.278, Florida Statutes, lists among the duties of both a transaction broker and a single agent “disclosing all known facts that materially affect the value of residential real property and are not readily observable to the buyer.” A listing agent who knows of flooding cannot help a seller leave it off the form. Sellers sometimes read that as the agent “working against” them; in practice it protects the seller, because the transaction record shows the information was disclosed.
How long the risk lasts
Section 95.11, Florida Statutes, allows 4 years for a legal or equitable action founded on fraud, and section 95.031 runs that period from the time the facts were discovered or should have been discovered with due diligence, with an outer limit of 12 years after the alleged fraud. Which time limit applies to a particular claim is a question for a Florida real estate attorney. The practical lesson is that a disclosure problem does not end at closing. The signed, acknowledged form and the attached history are the seller’s record for years after the sale.
For advice on liability or correcting a disclosure, consult a Florida real estate attorney.
Which other Florida disclosures travel with the flood form?
The flood form is one of more than a dozen disclosure rules that can apply to a Florida home sale. The Florida Senate staff analysis of the 2025 flood bill lists the statutory disclosures a residential seller may owe, and the table below gathers them with the statute number and when each applies (Florida Senate, March 24, 2025, and the statutes cited there).
| Disclosure | Source | When it applies to a seller |
|---|---|---|
| Flood disclosure (three statements plus definition) | s. 689.302, F.S. | Every sale of residential real property, at or before contract execution |
| Known material defects not readily observable | Johnson v. Davis, 480 So. 2d 625 (Fla. 1985) | Every residential sale, including “as is” contracts |
| Property tax reassessment notice | s. 689.261, F.S. | Residential sales; warns the buyer not to rely on the seller’s current taxes |
| Radon gas notice | s. 404.056(5), F.S. | Sale of any building, in writing |
| Coastal construction control line disclosure | s. 161.57, F.S. | Property partly or wholly seaward of the coastal construction control line |
| Pending code enforcement proceeding | s. 162.06(5), F.S. | When a code enforcement proceeding is pending at the time of sale |
| Sinkhole claim paid | s. 627.7073(2)(c), F.S. | When the seller’s sinkhole claim was paid; disclose before closing whether proceeds were used for repair |
| Sewer lateral line defects | s. 689.301, F.S. | Known defects in the property’s sanitary sewer lateral line |
| Subsurface rights severed | s. 689.29, F.S. | When the seller or a related entity severed or retained subsurface rights |
| Association disclosures | ss. 718.503, 719.503, 720.401, F.S. | Condominium, cooperative and HOA properties |
| Lead-based paint | 24 CFR Part 35; 40 CFR Part 745 | Homes built before 1978, with a 10-day inspection opportunity |
| Not required: HIV/AIDS of an occupant; a death on the property | s. 689.25(1), F.S. | These facts are not material facts that must be disclosed |
Three of these rules overlap with flood risk for sellers in the markets Jeannie Jacobson serves. The coastal construction control line disclosure applies to oceanfront parcels on Hutchinson Island and along the Palm Beach County coast, and the statutory text tells the buyer the property may be subject to coastal erosion and regulation, with more information available from the Florida Department of Environmental Protection. The property tax notice matters because a buyer comparing a flood premium with the seller’s tax bill is comparing two numbers that will both change after the sale. The association disclosures matter in planned communities where stormwater lakes and drainage are common property.
For sellers in St. Lucie West, Tradition or a Palm Beach County coastal building, Jeannie Jacobson, REALTOR® with RE/MAX Gold, builds the disclosures into the pre-listing plan, so the flood form, the general property disclosure and any association or coastal disclosures can be completed in one sitting and reviewed by the seller’s attorney as a set. A complete overview of Florida disclosures sits in the series guide to what a Florida seller must tell a buyer, and the full range of seller services in every market is on the selling with Jeannie Jacobson page.
This table summarizes statutes for orientation only. For advice on which disclosures apply to your sale, consult a Florida real estate attorney.
What Sellers Say About Working With Jeannie Jacobson
“I cannot recommend Jeannie Jacobson with RE/MAX enough for anyone looking to buy or sell a home. From start to finish, she made the entire process so much smoother and stress-free. She helped us sell our home and guided us in purchasing our dream home. Whenever we ran into any issues, whether it was with paperwork, negotiations, or even just understanding the process, she was right there to handle it with professionalism and ease. Her expertise and problem-solving skills were invaluable throughout the entire experience. On top of that, she is such a friendly and approachable person, which made working with her even more enjoyable. She was always available to answer any questions and kept us informed every step of the way. I’ve already recommended Jeannie Jacobson to several friends, and I will continue to do so. Thank you, Jeannie, for helping us find our dream home and making the entire process as smooth as possible!”
— Shocker Walker · 11 Mar 2025 · Google review
“Jeannie was wonderful! She helped us determine the right price to list the house based on the market. She explained the process and kept me informed every step of the way. Once we received an offer she made sure the process went smoothly and efficiently. If you are looking for a realtor that is proactive, communicative and knowledgeable I would recommend you contact Jeannie.”
— Carrie Wiley · Port Saint Lucie, FL · March 26, 2022 · Verified review
“Jeannie was wonderful! She quided us in pricing, staging, and the actual selling process. Needless to say, our house was sold in record time! Her continuous contact with us, allowed us to know how things were going throughout the wait time between contract an closing, was great! She has a friendly, yet professional, attitude when dealing with the various vendors associated with the sale and we would highly recommend her as your real estate agent!”
— Diane · Delray Beach, FL · June 22, 2023 · Verified review
This article is general information about Florida’s seller flood disclosure and related rules as of October 2026. It is not legal, tax or insurance advice, and it does not create an attorney-client or agency relationship. Statutes, contract forms and insurer requirements change; confirm the current text and consult a Florida real estate attorney about your property before you sign a disclosure or a contract.
Frequently Asked Questions
Yes. Section 689.302 of the Florida Statutes requires every seller of residential real property to give the buyer a flood disclosure at or before contract signing. The form asks whether you know of flooding that damaged the property during your ownership, whether you filed a flood insurance claim, and whether you received flood assistance from any source.
Chapter 2025-166, effective October 1, 2025, added a question about the seller’s knowledge of any flooding that damaged the property during ownership, even without an insurance claim, and widened the assistance question from federal aid to assistance from any source. The original 2024 form asked only about flood claims and federal assistance.
It can. The statutory definition of flooding includes sustained periods of standing water resulting from rainfall. Statement 1 asks only about flooding that damaged the property, so the question is whether the water caused damage. If you are unsure whether a yard or landscape event qualifies, review it with a Florida real estate attorney before signing.
On the face of the statute, no. The definition covers overflow of inland or tidal waters, rapid runoff from an established water source, and sustained standing water from rainfall. Water that starts inside the house does not fit those causes, but known water damage may still belong on the general property disclosure under Florida’s duty to disclose material defects.
At or before the time the sales contract is executed. The practical approach is to complete the form before the listing goes live and provide it to every buyer’s agent with the other seller disclosures, so the buyer signs a receipt before writing or signing an offer and the timing is documented.
No. The flood form is required by statute for every residential sale, and Florida courts have held that the general duty to disclose known material defects that are not readily observable applies even when a buyer agrees to buy “as is.” The “as is” contract limits repair obligations; it does not remove disclosure duties.
The flood form asks only about flooding during your ownership. Separately, Florida’s general rule requires a home seller to disclose known facts that materially affect value and are not readily observable. If you know the home flooded under a prior owner, ask a Florida real estate attorney whether that fact must be disclosed.
The disclosure does not set a discount; the market prices the information. The bigger effect is on the buyer’s flood insurance quote and monthly payment. Sellers who provide repair records, an elevation certificate and current flood policy declarations with the listing give buyers a known cost instead of an open question.
Section 689.302 does not state its own penalty. A buyer may pursue remedies under Florida’s general law of nondisclosure and misrepresentation, and the Florida Senate staff analysis of the 2025 bill notes the requirements may increase lawsuits where a disclosure is not made. A Florida real estate attorney can explain the exposure in a specific case.
Yes. The Florida Senate staff analysis states that the resale of a condominium or cooperative unit uses the section 689.302 form. Estates and trusts selling residential property also complete it, answering for their period of ownership. An heir with no records can request the property’s NFIP loss history from FEMA as the current owner.
Know your flood answers before you set a price
Start with a written pricing analysis that accounts for your flood zone, insurance profile and records, then a pre-listing plan that puts the disclosure packet in buyers’ hands from day one.
Jeannie Jacobson, REALTOR® · RE/MAX Gold · (772) 877-0268 · English and Spanish
Sources
- Section 689.302, Florida Statutes, “Disclosure of flood risks to prospective purchaser” (history: s. 1, ch. 2024-215; s. 2, ch. 2025-166) — http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0689/Sections/0689.302.html (accessed October 2026)
- Florida Senate, Bill Analysis and Fiscal Impact Statement, CS/SB 948 “Flood Disclosures,” March 24, 2025 — https://www.flsenate.gov/Session/Bill/2025/948/Analyses/2025s00948.ri.PDF (accessed October 2026)
- Florida Senate, Bill Summary, CS/CS/SB 948 (2025) — https://www.flsenate.gov/Committees/billsummaries/2025/html/948 (accessed October 2026)
- Florida Senate, HB 1049 (2024), Flood Disclosure in the Sale of Real Property — https://www.flsenate.gov/Session/Bill/2024/1049 (accessed October 2026)
- Florida Realtors, “Florida expands flood disclosures,” September 2025 — https://www.floridarealtors.org/news-media/news-articles/2025/09/florida-expands-flood-disclosures (accessed October 2026)
- Florida Realtors, “Addendum H adds flood insurance peace of mind,” Richard Swank, July 28, 2026 — https://www.floridarealtors.org/news-media/news-articles/2026/07/addendum-h-adds-flood-insurance-peace-mind (accessed October 2026)
- Citizens Property Insurance Corporation, Flood Insurance Requirement — https://www.citizensfla.com/flood (accessed October 2026)
- FEMA, Flood Insurance (page updated January 2, 2026) — https://www.fema.gov/flood-insurance (accessed October 2026)
- FEMA, “Waiting Period for Activating Flood Policy?” — https://www.fema.gov/fema-common-faq/waiting-period-activating-flood-policy (accessed October 2026)
- FloodSmart (FEMA NFIP), “FAQs About NFIP Data” — https://agents.floodsmart.gov/flood-maps-and-data/faqs-about-nfip-data (accessed October 2026)
- City of Port St. Lucie, “Access your essential flood reports: Stay informed and protected,” April 27, 2026 — https://www.cityofpsl.com/News-Stories/2026/Access-your-essential-flood-reports-Stay-informed-and-protected (accessed October 2026)
- Palm Beach County Planning, Zoning and Building, “My Geo Nav Flood Zones Quick Reference” — https://discover.pbc.gov/pzb/building/PDF/NewsReleases/My_Geo_Nav_Flood_Zones_Quick_Reference.pdf (accessed October 2026)
- Federal Register, Vol. 82, No. 172 (September 7, 2017), flood hazard determinations including Palm Beach County — https://www.govinfo.gov/content/pkg/FR-2017-09-07/html/2017-18916.htm (accessed October 2026)
- FEMA Flood Map Service Center — https://msc.fema.gov (accessed October 2026)
- Florida Realtors/Florida Bar, AS IS Residential Contract for Sale and Purchase (FloridaRealtors-FloridaBar-ASIS-7x), February 2026 redline, paragraph 10(d) and Standard M — https://www.floridarealtors.org/sites/default/files/2026-02/AS%20IS%20Residential%20Contract%20for%20Sale%20and%20Purchase%20(FloridaRealtors-FloridaBar-ASIS-7x)_Redlined[1].pdf (accessed October 2026)
- Florida Realtors, “Florida Realtors Releases Updated Forms,” March 2025 (Seller’s Property Disclosure – Residential) — https://floridarealtors.org/news-media/news-articles/2025/03/florida-realtors-releases-updated-forms (accessed October 2026)
- Seller’s Property Disclosure – Residential (SPDR-4x), copy filed with a listing, July 2026, Section 3 “Water Intrusion; Drainage; Flooding” — https://media.perchwell.com/listing_documents/docs/001/935/532/0ddccf7299683517233cf7b1309fbaae58e6d9b7/original/open-uri20260724-1-qf2fec.pdf (accessed October 2026)
- FEMA, Glossary, “Assignment” (last updated March 5, 2020) — https://www.fema.gov/node/404198 (accessed October 2026)
- Consumer Financial Protection Bureau, “LexisNexis C.L.U.E. (Auto & Property Reports)” — https://www.consumerfinance.gov/consumer-tools/credit-reports-and-scores/consumer-reporting-companies/companies-list/comprehensive-loss-underwriting-exchange/ (accessed October 2026)
- Federal Register, Vol. 84 (October 16, 2019), Final Flood Hazard Determinations, FR Doc. 2019-22457, St. Lucie County, Florida and Incorporated Areas (Docket No. FEMA-B-1849) — https://www.govinfo.gov/content/pkg/FR-2019-10-16/pdf/2019-22457.pdf (accessed October 2026)
- Section 475.278, Florida Statutes (2025), “Authorized brokerage relationships; presumption of transaction brokerage; required disclosures” — https://www.flsenate.gov/Laws/Statutes/2025/475.278 (accessed October 2026)
- Section 95.11, Florida Statutes (2025), “Limitations other than for the recovery of real property” — https://www.flsenate.gov/Laws/Statutes/2025/95.11 (accessed October 2026)
- Section 95.031, Florida Statutes (2025), “Computation of time” — https://www.flsenate.gov/Laws/Statutes/2025/95.031 (accessed October 2026)