As Florida braces for hurricane season, Senate Bill 948 (“SB 948”) provides significant changes to flood disclosure requirements that affect developers, renters, and property owners across the state. SB 948 was signed into law by Governor DeSantis on June 20, 2025, and goes into effect on October 1, 2025. See Chapter 2025-166, Laws of Florida.
SB 948 requires landlords to provide flood disclosure to tenants with leases over one year long. If a tenant suffers substantial loss or damage to their personal property and the landlord failed to provide the required flood disclosure, the tenant may terminate the rental agreement within 30 days after the date of loss.
Similarly, SB 948 requires mobile home park owners to provide flood disclosure to prospective lessees of mobile home lots. If a tenant suffers substantial loss or damage to their mobile home or personal property and the landlord failed to provide the required flood disclosure, the tenant may terminate the rental agreement within 30 days after the date of loss. Landlords and mobile home park owners must make a flood disclosure in a separate document from the lease, with substantially the same language as provided in the applicable statutes.
Homeowners are currently required to provide a flood disclosure to prospective purchasers. However, SB 948 now requires Sellers to disclose whether they have knowledge of the property flooding during their ownership.
SB 948 will require developers of condominiums and cooperatives to include a notice to prospective purchasers stating that homeowners’ insurance policies do not include coverage for flood damage. Further, developers must provide prospective purchasers with knowledge of whether the property experienced flooding damage during their ownership, and if they have filed an insurance claim or received assistance from the Federal Emergency Management Agency (FEMA).
Overall, SB 948 encourages transparency from property owners and developers to allow prospective tenants and purchasers to make informed decisions regarding their homes. Additionally, it informs prospective tenants and purchasers that homeowners’ insurance policies do not provide coverage for flood damage, thereby encouraging the purchase of flood insurance.
Rachel Lane joined WPL in May 2025 as a law clerk. Rachel is a 3L at Wake Forest Law School in North Carolina. She serves as a Project Coordinator for Volunteer Income Tax Assistance (VITA) Project and Online Editor on the Journal of Law and Policy. Prior to law school, Rachel earned a B.S. in Criminology/Criminal Justice, with minors in Law and Business from the University of Tampa.