After hurricanes Ian, Helene and Milton, flood history is one of the first things Southwest Florida buyers ask about. Florida now requires a written flood disclosure for home sellers. Here is what it covers and how to prepare if you are selling in Lee, Collier, Charlotte or Sarasota County.
What the Law Requires
Under section 689.302 of the Florida Statutes, sellers of residential real property must give the buyer a completed flood disclosure at or before the time the sales contract is signed. The requirement took effect on October 1, 2025, and the 2025 Legislature expanded the questions.
The disclosure asks, in yes-or-no form, whether during your ownership:
- you have filed a claim with an insurance provider for flood damage to the property;
- you have received assistance for flood damage, such as federal disaster assistance (the 2025 update broadened this beyond federal programs); and
- you are aware of flooding that damaged the property.
The form also includes a notice reminding buyers that standard homeowners insurance generally does not cover flood damage and encouraging them to look into flood insurance and the flood zone.
How to Prepare Before You List
- Gather your records. Insurance claims, FEMA or other assistance paperwork, repair invoices and permits.
- Know your flood zone. Look up your address on FEMA’s Flood Map Service Center or your city or county flood map.
- Find your elevation certificate if you have one; it can lower a buyer’s flood insurance quote.
- Document repairs. If your home was repaired after a storm, permits and final inspections help buyers and insurers feel confident.
- Be accurate and consistent. Your flood disclosure should match your other seller disclosures.
Why It Matters for Your Sale
Clear, early disclosure builds trust and reduces the chance of a deal falling apart after inspection or when the buyer shops for insurance. Florida courts already require residential sellers to disclose known material defects, and the flood disclosure makes the flood questions explicit. Not disclosing can expose a seller to legal claims after closing.
Selling a home that was damaged by a storm? We can help you price and market it honestly, and our broker, Sal DiBenedetto, also holds a Florida general contractor license, which helps when repairs and permits come up. See our flat fee listing options in Estero, Fort Myers, Cape Coral, Bonita Springs, Naples, Lehigh Acres, Golden Gate Estates, Punta Gorda, North Port and Sarasota, or our page on selling a storm-damaged home.
What Counts as Flood Damage?
The disclosure focuses on flooding that damaged the home while you owned it, along with flood insurance claims and flood repair assistance. In practice, Southwest Florida sellers should think about any event where water from outside entered or damaged the structure, such as storm surge, rising water from a river, canal or lake, or heavy rain that flooded the home. Common examples include:
- Storm surge from Hurricanes Ian (2022), Helene or Milton (2024)
- River or creek flooding, such as along the Estero River, Imperial River or Myakkahatchee Creek
- Heavy rain that pushed water into the garage or living areas
- Flood damage repaired with help from FEMA, the Small Business Administration or another assistance program
When in doubt, disclose. A plumbing leak or roof leak is a different issue, but it may still need to be disclosed as a known defect under Florida’s general seller disclosure duty.
How Flood Disclosure Affects Buyers and Insurance
Buyers use flood history to estimate insurance costs and risk. Citizens Property Insurance is phasing in a requirement that its wind policyholders carry flood insurance, covering homes under $400,000 by January 1, 2027, so many buyers will be shopping for flood coverage even outside high-risk zones. A complete disclosure, an elevation certificate and records of any repairs help buyers get accurate quotes quickly and reduce the chance of a deal falling apart late.
Selling a Home That Has Flooded
- Gather records: dates of flooding, insurance claims and payouts, FEMA or other assistance, repair invoices and permits.
- Confirm permits were closed. Open or missing permits for storm repairs can delay closing.
- Get an elevation certificate and confirm your flood zone.
- Understand the 50% rule. If repairs or improvements reach 50% of the structure’s value in a flood zone, the building must meet current flood standards. A 2025 state law (SB 180) bars local governments from adding up improvements over several years.
- Price honestly. Homes that were elevated or rebuilt to current code can command a premium; homes with repeated flooding usually need to be priced for the risk.
- Disclose at or before contract signing, using the form your broker or attorney provides.
Common Mistakes Sellers Make
- Leaving out flooding that happened before major repairs, assuming repairs “erase” the history
- Forgetting small claims or assistance payments
- Disclosing after the buyer is already under contract
- Not having permits for storm repairs
- Assuming a home in flood zone X never needs disclosure; the requirement is about what happened, not the zone
Flood History by Area in Southwest Florida
Buyers in different parts of the region ask different questions. Along the coast and canals in Fort Myers Beach, Cape Coral, Punta Gorda, Bonita Beach and Naples, storm surge from Ian and Milton is the main concern. Inland, in places like North Port, the Estero River area and parts of Bonita Springs along the Imperial River, buyers ask about rainfall and river flooding. In areas like Lehigh Acres and Golden Gate Estates, localized drainage and standing water after heavy summer rains are more common questions. Knowing what buyers in your area worry about helps you prepare the right documents before you list.
What Buyers Will Ask For
- The completed flood disclosure
- Your flood zone and an elevation certificate
- Current flood and wind insurance declarations pages
- Records of any storm repairs and the permits for them
- A wind mitigation report and roof age
Sellers who hand buyers this package on day one tend to see fewer surprises during the inspection period and fewer last-minute renegotiations over insurance costs.
For help preparing your disclosure and pricing a home with storm history, see our Southwest Florida flat fee listing service or contact Sal. This article is general information, not legal advice; consult a Florida real estate attorney about your specific situation.
Frequently Asked Questions
When did Florida’s flood disclosure for home sellers take effect?
October 1, 2025. Sellers of residential real property must give the buyer a flood disclosure at or before the time the sales contract is signed.
What does the Florida flood disclosure ask?
Whether, during the seller’s ownership, the seller filed a flood insurance claim, received assistance for flood damage, and is aware of flooding that damaged the property. It also reminds buyers that homeowners insurance generally does not cover flood.
Do I still need to disclose other defects?
Yes. Florida sellers must still disclose known material defects that are not readily observable, in addition to the flood disclosure.
Sources: Florida Statutes section 689.302 and the Florida Senate analysis of SB 948 (2025). This article is general information, not legal or tax advice. Talk with a Florida real estate attorney or tax professional about your situation.
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