If you're getting ready to sell in Brevard County, there's one form that's newer than most people realize: Florida's flood disclosure for home sellers. It's a short form, but it comes up at a very specific moment in the deal, and the sellers who know about it ahead of time have a much smoother listing.
We live on the Space Coast too. Between the river, the ocean, the canals and a summer afternoon storm that drops three inches in an hour, water is part of life here. Buyers know that. What they want is a straight answer, and this form is how Florida makes sure they get one. Here's what it asks, when it's due, and how we help our sellers handle it without any drama.
What Florida's flood disclosure for home sellers actually requires
Florida Statute 689.302 says a seller of residential real property has to complete a flood disclosure and give it to the buyer at or before the time the sales contract is signed. The law was created in 2024 and updated in 2025, and the Florida Realtors explanation of the update says the expanded version applies starting October 1, 2025.
The form itself starts with a notice to the buyer: standard homeowners' insurance policies don't cover flood damage, and the buyer is encouraged to talk with an insurance agent about separate flood coverage.
Then you, the seller, answer three questions. Each one is a simple "have" or "have not":
Do you have knowledge of flooding that damaged the property while you owned it?
Have you filed an insurance claim for flood damage to the property? That includes a claim through the National Flood Insurance Program (NFIP).
Have you received assistance for flood damage to the property? That includes assistance from FEMA.
That's it. Three questions. But the details inside them matter.
What counts as "flooding" on the form
This is the part that surprises people. The statute defines flooding as a general or temporary condition of partial or complete inundation of the property caused by:
Overflow of inland or tidal waters
Unusual and rapid runoff or surface water from an established source, like a river, stream or drainage ditch
Sustained periods of standing water from rainfall
So it isn't only about hurricanes or storm surge. Standing water that sat around after heavy rain can count too. The first question is about what you know happened during your ownership, and the damage has to be to the property.
What changed in 2025
When the law first passed in 2024, the form covered two things: flood insurance claims and federal assistance for flood damage.
The 2025 update made two big changes, per Florida Realtors:
It added the knowledge question. Sellers now disclose flooding that damaged the property during their ownership, even if they never filed a claim.
It dropped the word "federal." Any assistance you received to fix flood damage now counts, not just federal help.
That first change is the one we talk through most with sellers. A lot of people handled a small water issue themselves, never called their insurance company, and didn't think of it as "a flood." Under the current form, that's worth thinking about carefully.
This isn't the only disclosure duty you have
The flood form sits on top of a duty Florida sellers already had. Since the 1985 Florida Supreme Court case Johnson v. Davis, sellers have been expected to disclose known facts that materially affect a home's value and aren't easy for a buyer to see. Florida Realtors points out that the flood form cleared up any doubt about whether repaired flood damage has to be disclosed, at least when there was an insurance claim or assistance involved.
We're not lawyers and we're not insurance agents. If you aren't sure how to answer a question for your specific situation, a Florida real estate attorney is the right call before you sign anything. What we can tell you from experience is that clear, complete answers keep deals together. Surprises in the middle of an inspection period are what blow them up.
How we help Brevard sellers get ready
This is where a little prep before listing day goes a long way.
Gather your history now
Before we go live, think back through your time in the home. Any storm that brought water inside? Any claim you filed, even years ago? Any repair money from FEMA or another program? Pull together whatever paperwork you have, like claim letters, repair invoices and dates. You don't need a perfect file. You just want your answers to be accurate and easy to back up.
Know your flood zone
The flood zone is separate from the disclosure form, but buyers ask about it right away because it affects their insurance. You can look up your address on FEMA's Flood Map Service Center at msc.fema.gov. Brevard County's Floodplain Administration office, part of Public Works, can also help with flood zone questions and has copies of FEMA elevation certificates for structures built in Special Flood Hazard Areas. The county says certificates are readily available for structures permitted in the last ten years, and older ones are researched case by case. If you have an elevation certificate, we want it in the listing packet.
Tell the story with the fix
If your home did take on water at some point, that's not the end of the world. It happens here. What buyers care about is what was done about it. Permits, invoices, a new drainage system, raised equipment or a regraded yard all help a buyer feel good about the house. We'd much rather share that up front than have a buyer find it on their own.
You can see more about how we prep and launch a listing on our why list with us page.
Frequently asked questions
When does a Florida seller have to give the flood disclosure?
At or before the time the sales contract is signed, according to Florida Statute 689.302. In practice, we like to have it ready on listing day so it's never the thing holding up an offer.
Do I have to disclose flooding if I never filed an insurance claim?
Under the current form, yes, the first question asks whether you have knowledge of flooding that damaged the property during your ownership, whether or not a claim was filed. If you're unsure how your situation fits, talk with a Florida real estate attorney.
Does standing water from rain count as flooding?
It can. The statute's definition includes sustained periods of standing water from rainfall, as long as it caused partial or complete inundation of the property.
Is my flood zone part of the disclosure form?
No. The form asks about flooding, claims and assistance during your ownership. Your flood zone is a separate question buyers will still ask, and you can look it up on FEMA's Flood Map Service Center.
Thinking about selling?
If you're thinking about selling and want to talk through your disclosures before you list, text or call us at 321-483-0210. We'll walk you through the forms, help you gather what you need, and make sure nothing catches you off guard once an offer comes in. You can also meet us here or send us a message.
Sources
Florida Statute §689.302, Flood disclosure in the sale of real property (created ch. 2024-215; amended ch. 2025-166): https://m.flsenate.gov/Statutes/689.302
Florida Realtors, "Florida Expands Flood Disclosures" (Sept. 2025): https://www.floridarealtors.org/news-media/news-articles/2025/09/florida-expands-flood-disclosures
Association of State Floodplain Managers, "Florida's New Flood Disclosure Law": https://www.floods.org/?p=308689
Brevard County Public Works, Flood Zone Information: https://www.brevardfl.gov/PublicWorks/FloodZoneInformation
FEMA Flood Map Service Center: https://msc.fema.gov/portal/search
