Florida's New Flood Disclosure Law: What Key West Home Sellers Must Know

What does Florida's flood disclosure law require home sellers to do?

Florida's amended Statute §689.302 (expanded by SB 948, effective October 1, 2025) requires residential sellers to provide buyers with a separate, standalone Flood Disclosure Form before or at the time the purchase contract is signed. You must disclose whether the property is in a flood zone, any insurance claims you've filed for flood damage, any government or private assistance you've received for flood repair, and — this is new as of 2025 — any flooding that damaged your property during your ownership, whether or not you filed a claim. In Key West, where nearly every property sits in a FEMA-designated flood zone, this law affects virtually every home sale.

By Jimmy Lane | July 28, 2026

If you're thinking about selling your Key West home in 2026, there's a new legal compliance step that your listing agent should walk you through before your home hits the market — and it's one that a lot of sellers and even some agents are still catching up on.

Florida expanded its flood disclosure law in 2025. Sellers now have to complete a separate, standalone Flood Disclosure Form and hand it to the buyer before they sign the purchase contract. Not as an attachment to the contract. Not buried in the seller's property disclosure. A separate form, on its own, delivered at or before signing.

Get this wrong — or skip it — and you're exposed to contract rescission, monetary damages, and potentially punitive damages. So is your agent.

Here's what you need to know.

The Law: What Changed and When

Florida Statute §689.302 originally went into effect October 1, 2024, requiring sellers to provide a written flood disclosure form to buyers before contract execution. That alone was a change from how most sellers and agents had been handling flood-related questions.

Then in 2025, Senate Bill 948 (Chapter 2025-166, Laws of Florida) expanded the requirement further. Effective October 1, 2025, sellers must now disclose not just whether they've filed flood insurance claims or received disaster assistance — but also whether they have knowledge of any flooding that damaged the property during their ownership, regardless of whether a claim was ever filed.

That's an important distinction. If your Old Town home took on water during a storm and you handled the cleanup yourself without filing a claim, that flooding still has to be disclosed. The law no longer lets you stay silent because "I didn't file a claim."

The disclosure must be a standalone form — not embedded in the purchase contract, not folded into the seller's property disclosure. Separate document. Delivered before or at contract signing.

What You Must Disclose

The Flood Disclosure Form covers five areas:

1. Flood zone status.Is the property located in a FEMA-designated flood zone? In Key West, the answer is almost always yes — most of the island sits in Zone AE or Zone VE, both high-risk designations. Some properties in elevated areas or specific parts of The Meadows and Key Haven may fall in Zone X (lower risk), but this needs to be confirmed on the actual FEMA Flood Insurance Rate Map, not guessed.
2. Insurance claims for flood damage.If you've filed a claim under the National Flood Insurance Program (NFIP) or a private flood policy during your ownership, that must be disclosed. This includes claims that were denied, paid, or still pending.
3. Government or private assistance for flood repair.If you received FEMA assistance, an SBA disaster loan, or any other flood-related financial aid during your ownership — whether for repairs, temporary housing, or mitigation improvements — that must be disclosed.
4. All flooding that damaged the property during your ownership.This is the 2025 addition. If your home flooded and you paid for repairs out of pocket, hired a contractor, or even handled it yourself without any formal claim or assistance — if there was flooding that caused damage, you have to disclose it.
5. A notice that homeowner's insurance does not cover flood damage.The form also includes a statutory statement reminding buyers that standard homeowners insurance policies exclude flood coverage, and that separate flood insurance must be purchased.

Why This Matters More in Key West Than Anywhere Else in Florida

Florida has a flood disclosure law that applies statewide, but its practical weight is heavier in Monroe County than almost anywhere else in the state.

Nearly every property on the island sits in a designated flood zone. The distinction between Zone AE and Zone VE matters enormously to buyers — VE zones are coastal high-hazard areas with the highest flood insurance rates. Zone AE is still high-risk but slightly lower on the premium scale. And elevation relative to base flood elevation (BFE) determines how much a buyer will pay for flood coverage every year.

Buyers purchasing in Key West typically pay $8,000 to $13,000 or more annually for a combined wind, flood, and hazard insurance package. A home in a VE zone that sits one foot below BFE might carry flood premiums two to three times higher than a similar home that's two feet above BFE. When your buyer is looking at a million-dollar purchase, a $4,000 swing in annual insurance is a real number in their underwriting.

This is exactly why the flood disclosure form matters: it gives buyers the information they need to underwrite the actual cost of ownership before they sign. And it protects you as a seller from a buyer coming back after closing claiming they didn't know the full picture.

Key West sellers also face an elevated risk of having historic flood events to disclose. Hurricane Irma (2017) flooded large portions of the island. Subsequent tropical events have caused water intrusion in older homes, particularly those in Old Town and Bahama Village with lower crawl spaces or homes that weren't elevated when originally built. If you've owned your home through any of those events, you need to think carefully about what you're required to disclose.

For more on how insurance costs affect buyers in this market, see Insurance Costs in Key West: What Every Buyer and Seller Must Know Before Closing and Property Insurance in Key West: What Home Sellers Must Know Before Listing.

The Separate Form Is Not Optional

This is the part that trips up sellers — and occasionally agents who haven't been keeping up with the statutory changes.

The flood disclosure is not a box you check on the seller's property disclosure form. It's not a paragraph you add to the purchase contract. It's a separate, standalone document — the Flood Disclosure Form required under Florida Statute §689.302 — and it must be delivered to the buyer before or at the time the purchase contract is executed.

Florida Realtors updated their standard documents to include this form, and your listing agent should be providing it as part of the pre-contract package. If you're using an attorney for your transaction — which is how Jimmy's closings work, with a local real estate attorney handling escrow and closing — your attorney will also be familiar with the requirement.

But "my agent will handle it" is not the right mindset here. As the seller, you're signing the disclosure. You're attesting that the information in it is accurate to the best of your knowledge. The liability follows you.

What Happens If You Don't Disclose

The consequences of non-compliance are meaningful:

• Contract rescission. A buyer who didn't receive the required disclosure can potentially void the contract and walk away, even after closing.
• Monetary damages. Failure to disclose known information can result in damages to the buyer.
• Punitive damages. If the failure was willful, the exposure increases.
• Liability extends to your agent. Under the law, if your broker or agent knew of undisclosed flood risks and didn't ensure disclosure, they share in the exposure.

In a Key West market where deals are taking longer to close and buyers are doing more due diligence than they were three years ago, the risk of a post-closing dispute is higher than it was during the seller's market of 2021. This is not the time to guess at compliance.

How to Prepare Before You List

Here's what I walk sellers through before we go to market:

Know your flood zone. Pull the FEMA Flood Insurance Rate Map for your property's address. Your flood zone designation (AE, VE, X, or other) needs to be accurate on the disclosure form. If you're not sure, your listing agent can help you confirm it — or you can use the City of Key West's flood map resources directly.

Gather your insurance history. If you've filed any NFIP or private flood insurance claims during your ownership, pull those records. Your insurer can provide a loss run report. This document lists all claims by policy period and is typically available within a few days of request.

Think through your flood history honestly. Did your home experience any water intrusion during a storm event? Any flooding in the crawl space, garage, or interior? Even if you handled it without filing a claim, this is what the 2025 expansion was designed to capture. Document what happened, when it occurred, and what was done about it.

Locate your elevation certificate. If you have an elevation certificate for your property, make it available to buyers early in the process. An elevation certificate documents your home's lowest floor elevation relative to base flood elevation — and a home that sits above BFE is a much easier sell than one that doesn't. Buyers use elevation certificates to get accurate flood insurance quotes before making offers. Having one ready reduces friction and gives informed buyers more confidence. If you don't have one, a licensed Florida surveyor can produce it for $400–$700.

Talk to your attorney and your agent. The flood disclosure form has specific statutory language. Your attorney will review it. Your listing agent should have the current version. This is a compliance item that benefits from professional review — not a form you fill out alone the night before listing.

Every seller situation is different. The right answers on your flood disclosure form depend on your specific property, your ownership history, and the events that happened during your time there. This is the kind of thing I walk through with every seller before we go to market — because getting it right upfront protects you throughout the transaction.

If you're thinking about listing your Key West home and want to understand exactly what's required, reach out anytime. I'm happy to walk through the details with you before anything is signed.

Frequently Asked Questions

Does Florida's new flood disclosure law apply to all property sales in Key West?

Yes. Florida Statute §689.302 applies to all residential property sales statewide, including Key West and Monroe County. It covers single-family homes, condos, townhomes, and even vacant residential land. Any purchase contract executed on or after October 1, 2025 is subject to the expanded requirements that include disclosure of all flooding that damaged the property during the seller's ownership — not just insured or government-assisted events.

When exactly does the seller have to provide the Flood Disclosure Form?

The standalone Flood Disclosure Form must be delivered to the buyer at or before the time the purchase contract is executed — meaning before both parties sign. This is different from some other disclosure documents that can be delivered during the due diligence or inspection period. The flood form goes first, before the contract is signed.

What if I don't know whether my property has flooded in the past?

The statute requires disclosure of what you know. If you have no knowledge of flooding during your ownership, you disclose that. However, "I didn't know" becomes harder to defend if there are visible signs of past water intrusion, prior insurance records, or third-party documentation. It's worth doing a thorough walkthrough and asking your listing agent to help you identify anything in the home's condition that could relate to prior water events before you sign the form.

Do I need a separate elevation certificate to complete the flood disclosure?

No — the flood disclosure form does not require an elevation certificate. However, having your elevation certificate available is strongly recommended for a Key West listing because buyers will use it to price out flood insurance before making an offer. Homes above base flood elevation typically carry significantly lower premiums. If you don't have one, a licensed Florida surveyor can produce it for $400–$700.

What is the difference between the Flood Disclosure Form and the Seller's Property Disclosure form?

These are two separate documents. The Seller's Property Disclosure (SPDR) is a comprehensive form covering all known material conditions of the property — structural, mechanical, environmental, and legal. The Flood Disclosure Form is a standalone statutory document specifically focused on flood history, flood zone status, and insurance/assistance history. Both are required in a Florida real estate transaction, but they serve different purposes and must be delivered separately. The Flood Disclosure Form must be signed and delivered before contract execution; the SPDR can be provided as part of the due diligence process.

About Jimmy Lane

Jimmy Lane is a licensed Florida Real Estate broker serving Key West and the Florida Keys. Jimmy has been a full-time broker for over 25 years and sold thousands of Florida Keys properties.