What is Florida's flood disclosure form, and what does it mean for Brevard County sellers and buyers?

Under Florida Statute 689.302, residential sellers must give buyers a flood disclosure at or before the time the sales contract is signed. The law took effect October 1, 2025, and it applies to Space Coast sales in Brevard County.

If you are selling or buying a home in Melbourne, Viera, Merritt Island, Cocoa Beach, Satellite Beach, Indialantic, or anywhere else in Brevard County, Florida, this form is now part of the paperwork. It is short, but it asks the seller to put flood history in writing before the buyer is committed.

Below I walk through what the statute and Florida Realtors say, what the form asks, and how sellers and buyers on the Space Coast can prepare. I am a REALTOR, not an attorney, so ask a Florida real estate attorney how the law applies to your contract.

When does the flood disclosure requirement apply?

Florida Realtors reported in a June 2025 news article that the bill becomes effective October 1, 2025, and that it applies to residential sellers, residential condo developers dealing with prospective buyers or tenants, and residential landlords dealing with prospective tenants. The Florida Senate's bill analysis confirms the October 1, 2025 effective date.

The statute itself, Section 689.302 of the 2025 Florida Statutes, is titled "Disclosure of flood risks to prospective purchaser." It says the seller must provide the disclosure at or before the time the sales contract is executed.

What does the form ask?

Part of the form What it covers
Insurance notice States that homeowners policies generally exclude flood damage and encourages the buyer to discuss separate flood insurance with an insurance agent
Seller knowledge Whether the seller has or has no knowledge of flooding that damaged the property during the seller's ownership
Insurance claims Whether the seller has or has not filed a flood damage claim, including with the National Flood Insurance Program
Assistance Whether the seller has or has not received flood damage assistance, including from FEMA
Definition of flooding Partial or complete inundation from overflow of inland or tidal waters, unusual and rapid accumulation of runoff or surface water from an established source, or sustained standing water from rainfall

The Senate analysis describes the forms as yes or no questions without further detail, and it notes the bill added a question on whether the seller knows of flood damage during their ownership.

What should Brevard County sellers do?

Start gathering your facts before you list. Think back through your ownership. Have there been flood-related insurance claims? Did you receive any flood damage assistance? Are there repair records tied to water entering the home?

Then complete the form accurately and have it ready when you receive an offer, since the statute requires it at or before contract execution. If you are unsure about any answer, ask a Florida real estate attorney before you sign.

What should Space Coast buyers do?

Read the form carefully and compare it with the rest of your due diligence. The form tells you what the seller knows and has reported. It does not replace looking up the property's flood zone, which you can do on the FEMA Flood Map Service Center, and it does not replace getting an insurance quote for flood coverage.

The form itself encourages you to discuss flood insurance with an insurance agent, because homeowners policies generally exclude flood damage. In Brevard County, with beachside cities and mainland neighborhoods side by side, a quote on the exact address is the way to see what coverage costs.

Does the form say anything about buyer termination rights?

The statute page I reviewed does not describe a buyer termination right, and the Senate analysis addresses termination rights for tenants and not for buyers. Because contract rights can be affected by other terms in your purchase agreement, ask your attorney how timing and cancellation work in your transaction. I will not guess at that part.

How does the statute define flooding?

The definition matters because the form's questions all depend on it. Section 689.302 describes flooding as a general or temporary condition of partial or complete inundation of the property. It lists three sources: overflow of inland or tidal waters, unusual and rapid accumulation of runoff or surface water from an established source such as a river, stream, or drainage ditch, and sustained standing water from rainfall.

That last item is worth a second look for sellers. Standing water from rainfall can count, so a seller who has dealt with sustained standing water on the property should think carefully about the knowledge question and talk to an attorney if the answer is not obvious.

Where does this fit in the Space Coast purchase timeline?

Think of it as one of several documents a buyer sees early. The flood disclosure arrives at or before contract. After that comes the inspection period, insurance quotes, the appraisal, and the closing. A buyer who reads the flood disclosure early can ask better questions during inspections and can order a flood insurance quote while there is still time in the due diligence window.

Sellers benefit from the same early timing. When the form is ready before the first offer, there is less back and forth later, and the conversation stays about the home and not about missing paperwork.

A short checklist for the Space Coast

  • Sellers: Collect insurance claim and repair records before listing.
  • Sellers: Deliver the completed flood disclosure at or before contract execution.
  • Buyers: Look up the address on the FEMA flood map service.
  • Buyers: Get flood insurance pricing in addition to homeowners coverage.
  • Everyone: Keep a copy of the signed disclosure with your closing documents.

Frequently asked questions

When did Florida's flood disclosure law take effect?

Florida Realtors and the Florida Senate's bill analysis both give October 1, 2025.

Who has to give the flood disclosure?

Residential sellers must give it to the purchaser. Florida Realtors also lists residential condo developers and residential landlords under the broader law.

Does the disclosure replace a flood zone check?

No. It reports what the seller knows. Buyers should still check the official flood map and talk to an insurance agent.

My partner Nichole and I got your back. Reach out anytime at (321) 212-7676 or www.livingspacecoast.com.