What Does Florida's Flood Disclosure Law Mean When You Buy or Sell on Fort Myers Beach?

It requires the seller of residential property in Florida to give the buyer a written flood disclosure at or before the time the sales contract is signed. The requirement sits in section 689.302 of the Florida Statutes, and the expanded version took effect on October 1, 2025. On Fort Myers Beach, where a great many properties went through Hurricane Ian and the storms that followed, this form is no longer a formality you can skim. I am Kris Asquith, Broker Associate at Premiere Plus Realty, and I work with buyers and sellers on Fort Myers Beach and eight other Southwest Florida markets. This is how the disclosure works in practice and where it fits into a purchase or a sale on the island.

The disclosure covers three things. First, whether the seller knows of any flooding that damaged the property while they owned it, whether or not an insurance claim was ever filed. Second, whether the seller filed a claim with an insurance provider for flood damage. Third, whether the seller received any assistance to repair flood damage, from any source. The earlier version of the law was narrower: it focused on claims and on federal assistance. The 2025 change widened it to any flooding the seller knows about and to help from any source, which matters on an island where repairs after Ian were paid for in many different ways.

At or before the time the contract is signed. That timing is the point of the law. A buyer is supposed to see the flood history before committing, not discover it partway through the inspection period. In practice, ask for the completed form as soon as you are serious about a property, before you write an offer, so it shapes what you offer and what you ask your inspector to look at. If a listing on the island reaches the offer stage and the disclosure has not appeared, that is worth raising right away.

More than most buyers expect. It only reaches back as far as the current seller's ownership, so a home bought after a storm by someone who then sold it again may show a clean form despite a history before that. It reflects what the seller knows, and a seller who rented the property out or lived elsewhere may genuinely not know everything that happened. And it is not an elevation certificate, a flood zone determination or an insurance quote. It tells you about the past. It does not tell you what flood coverage will cost you, or whether the structure meets current elevation standards. Those answers come from other documents, and the guide to flood insurance when you buy on Fort Myers Beach walks through them.

As a starting point that you check against the record. Put it next to the seller's general property disclosure, the listing description and the permit history from the Town of Fort Myers Beach. If the form says the home flooded and was repaired, the permits should show that repair work and its final inspections. If the form says nothing happened but the permit record shows storm repairs, ask why. Hand the disclosure to your inspector as well, so they know where to look for signs of past water: the lower walls, the electrical and mechanical equipment, and anything at ground level. The checklist for buying a rebuilt home on Fort Myers Beach covers what to request beyond this form, and all of it belongs inside your inspection period in the buying process, while you still have room to ask questions, negotiate or walk away under your contract.

The law speaks to residential real property, and condominium units are residential, so expect it on condo sales as well. The disclosure describes the seller's knowledge of flooding that damaged the property, and in a condominium the line between the unit and the building's common elements matters. Damage to the ground floor of a building, or to the parking level beneath elevated units, may be the association's history rather than the unit owner's. That is why a condo purchase on Fort Myers Beach also calls for the association's records: insurance claims on the building, repair history, and any special assessments tied to storm repairs. If you have a question about how the disclosure applies to a particular unit, put it to your closing attorney or title company.

Complete it carefully and completely, and do it early. Gather your insurance claim records, any repair invoices, and any letters about assistance you received after a storm, then answer each question with what you actually know. An honest disclosure of a past flood that was properly repaired and permitted is far easier to sell than a clean form that a buyer's inspector or permit search later contradicts. Florida has long required sellers to disclose known facts that materially affect a home's value, and this form sits on top of that duty, not in place of it. If you are unsure how to answer a question, ask a real estate attorney before you sign the form rather than after. When we list your home together, gathering these records is one of the first things we do, so the disclosure is ready before the first showing.

Not on its own. On a barrier island, a flood history is common, and what matters is what was done about it. A home that flooded, was repaired under permits, and has documentation for every step can be a sound purchase. A home where the repairs are undocumented, or where the extent of the work raises questions about the Town's substantial improvement review, deserves much closer attention. The disclosure is what opens that conversation. The Fort Myers Beach buying guide covers how the island's building rules shape the rest of the decision.

If you are buying, ask for the flood disclosure before you write an offer, and line it up against the permit record and the inspection. If you are selling, start gathering your records now so the form is complete and accurate on day one. Either way, I build this into the way I work on every island transaction, so the flood history is understood before anyone is committed. If you are looking at a property on Fort Myers Beach, reach out to me here or call (239) 300-1427 and we can go through it together.

This article explains how Florida's flood disclosure requirement generally works and is not legal or insurance advice. Confirm the specifics for any property and any transaction with a real estate attorney, your title company and an insurance agent who writes flood coverage in this area.