Florida Flood Disclosure — Mandatory Form FD-1

Exam: Real Estate Salesperson — Florida Chapter: Ch8 — Florida Practice and Property Law Legislation: SB 948 | Initial effective date: July 1, 2024 | Expanded: October 1, 2025

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Overview

Florida enacted mandatory flood disclosure requirements for all residential property sales. Before July 1, 2024, sellers were required to disclose flood-related history under common law (Johnson v. Davis) but no specific form was mandated. SB 948 changed that by creating a required form and specific disclosure categories.

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The Flood Disclosure Form (FD-1)

• Form name: Flood Disclosure Form, designated FD-1
• Mandatory for: All residential property sales in Florida
• When: Must be provided to the buyer before or at contract execution
• Buyer's obligation: Buyer must sign FD-1 acknowledging receipt
• Agent's role: Ensure seller provides FD-1; ensure buyer acknowledges receipt

> Failure to provide FD-1 is a disclosure violation regardless of whether the seller has any flood-related history to report. The form must be provided even if all answers are "none."

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Three Required Disclosure Categories

Expanded to three categories effective October 1, 2025:

| # | Category | What Must Be Disclosed | |---|---|---| | 1 | Structural flooding | Any flooding that damaged the interior of the structure | | 2 | Insurance claims | Any flood insurance claims paid on the property | | 3 | Federal assistance | Any federal flood assistance received (FEMA, NFIP, or other federal programs) |

• All three categories apply regardless of when the events occurred
• Sellers must disclose known history — they are not required to independently investigate prior ownership records

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Timeline of the Law

| Date | Event | |---|---| | 2022–2023 | Post-Surfside collapse; FL legislature enacts condo safety laws; flood awareness heightens | | July 1, 2024 | FD-1 becomes mandatory; initial disclosure categories effective | | October 1, 2025 | Expansion: three disclosure categories explicitly required (structural, insurance claims, federal assistance) |

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Exam Tips

> Know: The form name (FD-1), the initial effective date (July 1, 2024), and the three required disclosure categories.

• The expansion to three explicit categories (October 1, 2025) is testable
• FD-1 applies to all residential sales — not just properties in flood zones
• Signing by the buyer is required — acknowledgment of receipt is mandatory
• This is an affirmative disclosure: sellers do not wait to be asked; they must provide FD-1

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Tags: #RealEstate #Florida #Ch8 #FloodDisclosure #FD1 #SB948 #SellerDisclosure #ResidentialSales #FloodInsurance #FEMA