Florida’s Flood Disclosure Law: What Winter Park Sellers and Buyers Should Know

Around Winter Park, water is the reason people buy. Lake Virginia behind Rollins, the canals that tie Lake Virginia, Lake Osceola and Lake Maitland together, a backyard that slopes down to Lake Sue. It’s also the reason a one-page form now comes with almost every home sale in Florida. If you’re selling or buying in Winter Park, Maitland or anywhere in Orange or Seminole County this fall, here is what Florida’s flood disclosure law actually requires, what it leaves out, and what I check on every house near water.

What the law requires

Section 689.302 of the Florida Statutes says a seller of residential real property must complete and give the buyer a flood disclosure at or before the time the sales contract is signed. The Legislature created it in 2024 (it took effect October 1, 2024) and expanded it in 2025 with Senate Bill 948, effective October 1, 2025. The wording of the form is set by the statute. It opens with a reminder that homeowners’ insurance policies don’t cover flood damage, then asks the seller three yes-or-no questions:

• Does the seller have knowledge of any flooding that damaged the property during the seller’s ownership? (This question was added in 2025.)
• Has the seller filed a flood damage claim with an insurance company, including the National Flood Insurance Program?
• Has the seller received assistance for flood damage, including from FEMA? (Before the 2025 change, the form asked only about federal assistance.)

The definition of “flooding” matters here, because it is broader than a lake coming over a seawall. The statute counts the overflow of inland or tidal waters, the rapid buildup of runoff from a drainage ditch, creek or similar water source, and “sustained periods of standing water resulting from rainfall.” In Central Florida, that last one covers the street that holds water after a summer downpour and the low corner of a yard that floods every August.

What the form doesn’t tell you

Read the form for what it is: a short history from the seller. It doesn’t say whether the house sits in a FEMA flood zone, what its elevation is, or what flood insurance will cost. The first question only covers the time the current owner has owned it, so a seller who bought two years ago can honestly check “has no knowledge” about a house that flooded in 2017. A “has not” answer is a good start, not a clean bill of health.

It also doesn’t replace the seller’s broader duty. Since Johnson v. Davis in 1985, Florida courts have required sellers of homes to disclose known facts that materially affect value and aren’t readily observable to the buyer. A wet crawlspace, a drainage fix after a storm, or a street that floods every rainy season belongs in the conversation even if the flood form doesn’t ask about it.

One more note for buyers looking at brand-new condos: the same 2025 law added a similar flood disclosure requirement for condominium developers under Section 718.503.

How much of Winter Park is actually in a flood zone

Less than people fear, and more than people assume. A May 2024 flood study done for the City of Winter Park found that just over 13% of all structures in the city are either in a FEMA Special Flood Hazard Area or within 100 feet of one. The same study counted 388 active flood insurance policies in the city as of November 2023. Most of the risk follows the lakes and the creek system. The city’s floodplain ordinance singles out Howell Branch Creek between Lake Sue and Lake Virginia, and north of Lake Maitland, where development next to the floodway needs a conditional use permit and fill below the base flood elevation isn’t allowed.

Orange County puts the stakes plainly: a building inside the Special Flood Hazard Area has a 26% chance of flooding during a 30-year mortgage. The county is just as clear that houses outside it aren’t guaranteed to stay dry. Zone X homes can still get localized flooding when heavy rain overwhelms the storm drains, which is exactly the kind of event the new disclosure now covers.

Where to check a specific address

• FEMA’s Flood Map Service Center (msc.fema.gov) shows the official flood map panel for any address.
• Inside Winter Park city limits, the city’s own GIS includes the FEMA flood zone layer, and its building and stormwater staff can tell you about permits and any elevation certificate on file.
• Unincorporated Orange County: the county’s Stormwater Management Division (407-836-5612) will do a flood zone determination and send copies of any elevation certificate or map revision on file for the property.
• Unincorporated Seminole County (think Fern Park, or the Seminole side of Goldenrod): the Building Division handles flood zone determinations for a $50 research fee and answers questions about past flooding at 407-665-7335 or floods@seminolecountyfl.gov. If the property is inside a city, you ask that city instead.

Which office you call depends on whether the house is actually inside a city, and a Winter Park or Orlando mailing address doesn’t settle that. I wrote about how to tell in What a Winter Park Address Actually Means.

Insurance timing: two dates to know

January 1, 2027 is about 10 weeks away. Under Florida law, Citizens Property Insurance, the state-backed insurer, has been phasing in a flood insurance requirement for its personal residential policies that include wind coverage. Homes in a FEMA flood zone already need it. Outside the flood zone, the requirement has applied to dwellings insured for $400,000 or more since January 1, 2026. Starting January 1, 2027, it applies to all of them, regardless of value. Condo unit-owner policies and policies without wind coverage are exempt. If the house you’re buying, or the one you own, is insured with Citizens, factor in a flood policy.

Flood coverage has a waiting period. A new National Flood Insurance Program policy normally takes 30 days to start. FEMA makes an exception when the policy is bought in connection with a mortgage loan closing; then it can start at closing, as long as it’s applied for by the closing date. FEMA also lets a seller assign an existing flood policy to the buyer, with or without a mortgage. On a lakefront sale, I always ask whether the seller has a flood policy, what it costs, and whether it can be assigned. Sometimes that’s the best deal on the table.

If you’re selling

• Fill out the flood disclosure honestly and early, so it can go out with the listing documents instead of in a rush at contract.
• Gather what you have: any elevation certificate, flood policy declarations page, and receipts for drainage work, regrading, gutters or sump pumps.
• If you’ve made a flood claim or gotten FEMA help, say so plainly and show what was repaired. Buyers handle a documented, fixed problem far better than a surprise.
• Know your flood zone before you list. If a lender will require flood insurance, the buyer will find out anyway, and it’s better coming from you.

If you’re thinking about selling a home near the lakes, my Winter Park seller page walks through how I prepare a listing, and What Is My Home Worth is the place to start on price.

If you’re buying

• Ask for the flood disclosure before you sign, and read it next to the FEMA map, not instead of it.
• Ask for the elevation certificate. If there isn’t one and the house is in or near a flood zone, a surveyor can prepare one, and it can affect the flood premium.
• Get a flood insurance quote during your inspection period, even in Zone X. On lakefront homes, ask about assuming the seller’s NFIP policy.
• Walk the street and the yard after a hard rain if you can. Look for water lines on fences, silt in the garage and fresh drywall near the floor.
• Planning a big renovation? In a flood zone, work that costs 50% or more of the building’s market value is a “substantial improvement” under floodplain rules, and it can trigger elevation requirements. Find out before you budget.

If the lakes are what drew you here, my guide to homes on the Winter Park Chain of Lakes covers docks, canals and what lakefront ownership involves. And for older houses near the water, Buying an Older Winter Park Home covers the four-point and wind mitigation reports insurers ask for.

The bottom line

Florida’s flood disclosure gives buyers three honest answers from the seller, and that’s useful. It’s the start of the homework, not the end. With over 37 years in the Real Estate Industry, I’ve learned the houses that close smoothly are the ones where everybody looked at the water question early.

If you’re buying or selling near the water in Winter Park or anywhere in Central Florida and want help sorting out the flood map, the disclosure or the insurance timing, call or text me at 407-620-7785, email will@irlhomes.com, or reach me through the contact page.

This post is general information, not legal or insurance advice. Confirm flood zones and coverage for a specific property with the city or county floodplain office and a licensed insurance agent.

Will LaValle, REALTOR® · RE/MAX 200 Realty · 1155 Louisiana Ave., Suite 110, Winter Park, FL 32789