Article
Courtesy of Pensacola News Journal
By
Brandon Girod
Published March 15, 2024
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Do you know if your home has ever flooded? Some Florida homeowners may know
the answer to this question, but the majority likely don’t. That’s because
despite having the highest risk of flooding in the U.S., sellers aren’t
required to disclose this information.
But a new bill headed
to Gov. Ron DeSantis’s desk could change that – at least to
a degree.
Rep. Christine Hunschofsky, D-Parkland, the bill’s sponsor (HB
1049), has received bipartisan support. And though the
bill’s current iteration isn’t as strong as when it was
first introduced, supporters say that passing the bill would
be a good first step.
Here is what to know about HB 1049.
Do you have to disclose flood damage when selling a home in
Florida?
Under current Florida law, a homeowner isn’t required to
tell buyers about a property’s flood history or risk.
Sellers have the opportunity to disclose anything a buyer
should know, and they can provide a voluntary flood
disclosure form, but all of this is strictly optional. |
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How does HB 1049 change Florida’s flood disclosure laws?
Well, first and foremost, it creates them. Florida HB 1049 would create
Section 689.302 in Florida Statutes, which would require sellers complete
and provide a flood disclosure to a purchaser of residential real property
at or before the time the sales contract is executed.
The form would also include the following disclosure:
“Flood Insurance: Homeowners’ insurance policies do not include coverage for
damage resulting from floods. Buyer is encouraged to discuss the need to
purchase separate flood insurance with the Buyer’s insurance agent.
Seller has or has not filed a claim with an insurance provider relating to
flood damage on the property, including, but not limited to, a claim with
the National Flood Insurance Program.
Sell has or has not received federal assistance for flood damage to the
property, including, but not limited to, assistance from the Federal
Emergency Management Agency.”
What is considered flood damage?
What is and isn’t considered flood damage can be tricky to understand,
especially in a catastrophic hurricane where compounded damage can easily
blur the lines. Here is how the bill outlines flooding:
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The overflow of inland or tidal waters.
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The unusual and rapid accumulation of runoff or
surface waters from any established water source, such as a river,
stream or drainage ditch.
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Sustained periods of standing water resulting from
rainfall.
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What do you have to disclose when selling a home in Florida?
Under Florida law, sellers must make the following disclosures, where
applicable:
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Associations – A seller of property in a condominium,
cooperative or homeowners’ association must make specific disclosures of
information related to the association.
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Coastal – A sale of a property located partially or
totally seaward of the coastal construction control line requires a
written disclosure statement at the time of contract.
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Code enforcement – If a code enforcement proceeding
is pending at the time of sale, the seller must disclose it to the
buyer.
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Lead paint – Federal law requires all sellers or
landlords of residential real property built before 1978 to disclose any
known information concerning potential lead-based paint hazards and
available records.
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Property tax – The seller must disclose that a
transfer of ownership may lead to an increased property tax assessment
related to the Save Our Homes Amendment.
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Radon gas – A specific disclosure relating to the
risks of radon gas must be made in writing in connection with the sale
of any building.
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Sewer lines – The seller must disclose known defects
in the property’s sanitary sewer lateral line.
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