Yes. Florida law requires you to put it in writing, and the buyer has to have it in hand at or before the contract is signed. There’s no way around that one, even if the water’s long gone and the repairs are done.
I wrote a few weeks back about why homeowners insurance doesn’t cover flood damage in the first place, so I won’t walk through that again here. What’s new this week is what happens on the other end, when that same flood shows up on a listing.
What Just Changed in Fourteen Florida Counties?
Governor DeSantis signed an executive order Monday declaring a state of emergency in seven counties after days of heavy rain: Brevard, DeSoto, Hardee, Highlands, Indian River, Martin and St. Lucie. Two days later, a second order replaced the list and doubled it to fourteen, adding Glades, Hendry, Lake, Okeechobee, Palm Beach, Seminole and Volusia. Both orders are posted by number and date on the state’s own Division of Emergency Management page for the 2026 fall flooding. None of the fourteen counties are up here in Northeast Florida.
Does My Homeowners Policy Pay Anything for This?
No. Florida’s own Department of Financial Services says it flat out on its consumer page: “Flood damage is not covered by your Homeowners’ insurance policy.” If you want flood coverage, that’s a separate policy you buy on top of what you already have. And there’s no federal disaster money sitting behind this one either. FEMA’s own press release list doesn’t carry anything for this event as of this morning, and the only open Florida declaration right now covers Hurricane Isaias damage in the Panhandle, nowhere near these fourteen counties.
What Do I Actually Have to Put in Writing Before I Sell?
Whether or not you’re in one of those fourteen counties, Florida Statute 689.302 requires anybody selling a house to fill out a flood disclosure and hand it to the buyer at or before the contract is signed. It asks three things: whether you know of any flooding that damaged the house while you owned it, whether you’ve ever filed a flood insurance claim, including through the National Flood Insurance Program, and whether you’ve gotten any flood assistance, including from FEMA. The form itself also reminds the buyer that homeowners insurance doesn’t cover flood. Once you check yes on that first question, it stays yes on every disclosure form after that, no matter how good the repair job was.
Why Does This Matter If You’re Already Behind?
An uninsured flood hits a house twice. The repair bill lands on you, and what you owe the lender doesn’t move an inch to match it. Then whenever that house goes up for sale, question one on the disclosure is already answered. That gap, between what a flooded house actually brings and what’s still owed on it, is where I usually see a short sale file start. None of the fourteen counties under this week’s emergency are in one yet. Some of them will be by spring, and it won’t be a mystery how they got there.
What happens with a specific file still comes down to a Florida real estate attorney, not anything written here.
In other news, Florida’s own mood took an odd turn last month.
Is My Own Budget Actually Tighter Than It Was a Year Ago?
If it feels that way, the state’s own numbers back you up. The University of Florida’s October survey found Floridians’ views of their own finances compared to a year ago fell for the seventh straight month, even as the overall confidence index rose for the second month running, up to 69.1. People are feeling better about where the economy’s headed generally. They’re feeling worse about their own household, right now, today. That’s not two different groups of people. It’s the same households, answering two different questions, and landing in two different places.
That gap is usually the slow part of a distress file. It shows up months before anyone’s missed a payment or a servicer gets involved.
Jacksonville is home base, and distressed property is most of what lands on my desk. Happy to talk through your own situation whenever it’s useful.
JimArmstrong904@gmail.com, or (904) 671-4161 if talking beats typing.
Jim Armstrong, REALTOR® · Momentum Realty · SFR® (Short Sales and Foreclosure Resource) certified. This is general information, not legal, tax, or financial advice.
Momentum Realty is not associated with the government, and our service is not approved by the government or your lender.
