House poised to cast final vote on new landlord-to-renter flood risk disclosure requirements

Legislation designed to better inform renters of potential property damage due to flooding is now possibly one vote from passing.

Members of the House Commerce Committee voted unanimously to advance HB 1015, which would extend to landlords and renters the same flood risk disclosure requirements mandated in property sales.

The bill will now join its upper-chamber companion (SB 948) on the House floor for a full-chamber vote. Both bills cleared their respective committee stops with uniform support.

Parkland Democratic Rep. Christine Hunschofsky, the bill’s sponsor, can now either amend HB 1015 so its language matches SB 948, table HB 1015 in favor of SB 948 or send the Senate bill back across the rotunda for similar consideration from its sponsor, Fleming Island Republican Sen. Jennifer Bradley.

HB 147, if passed, would create new flood disclosure requirements for landlords to provide tenants in long-term leases. Similar disclosures would be mandated for condominium developers to provide to buyers and for landowners of mobile home parks to give lessees.

If a landlord fails to truthfully disclose flood information, the tenant could terminate the rental agreement, and the landlord would have to refund all advance payments.

“These disclosures contain important information about how standard homeowner rental insurance does not include flood insurance, something many families don’t realize until it’s too late,” Hunschofsky said.

“By increasing transparency, this bill helps protect our constituents.”

Hunschofsky and Bradley also successfully sponsored legislation last year to create Florida’s new rules for flood disclosures in property sales.

Flooding is one of Florida’s most frequent hazards, according to the Division of Emergency Management, which describes it as a “coast-to-coast threat that can occur at any time of the year.”

The Florida Association of Realtors, American Flood Coalition and Audubon Florida have signaled support for SB 948 and HB 1015, which are substantively similar enough that it’s unlikely there will be a back-and-forth over their differences before a final vote.