Florida’s latest laws, effective Oct. 1, address flood risk transparency for homebuyers and restrict public camping, while others target theft and fraud.
TALLAHASSEE – New laws that require sellers to disclose residential flooding and ban sleeping in public places are among the nearly three dozen measures that take effect today (Oct. 1).
The new flood disclosure law, which was supported by Florida Realtors®, allows buyers to have crucial information prior to executing a sales contract, while the Unauthorized Public Camping and Public Sleeping law bans individuals who are homeless from setting up camp or sleeping on public property. In total, 31 new laws have begun.
Flood disclosure
Under the new law, the following must be provided at or before the time of a sales contract being executed.
- A statement explaining that property insurance does not include coverage for damage resulting from floods.
- A seller must disclose whether they have filed a claim with their insurance provider relating to flood damage on the property.
- A seller must disclose whether they have received federal assistance for flood damage to the property.
A new form relating to these requirements has been created called Flood Insurance FD-1 that members can access on Form Simplicity. This new law will help buyers make more informed decisions about a property and reduce the number of post-closing disputes that could occur.
Unauthorized public camping and public sleeping
Under the new law, counties, with approval from the state Department of Children and Families, would be able to designate areas for the homeless to camp for up to a year. Anyone using those encampments would be prohibited from using alcohol or illegal drugs, with sanitation and security to be provided.
The encampments would be created if local homeless shelters reach maximum capacity. The law requires regional entities to provide necessary behavioral treatment access as a condition of a county or city creating an encampment.
Florida’s homeless population was estimated to be about 30,700 in 2023. That’s a fraction of the homeless populations in many large U.S. cities, but the law’s sponsors said it could worsen because of Florida’s rapid population growth.
“This bill will not eliminate homelessness. But it is a start,” Republican state Rep. Sam Garrison told the Associated Press. “And it states clearly that in Florida, our public spaces are worth fighting for.”
Beginning in January 2025, the law will allow residents, local business owners and the state attorney general to file a lawsuit to stop any city or county from allowing the homeless to camp or sleep on public property.
Among the other new laws taking effect today:
- HB 549: Theft: Targets “porch pirates,” retail theft and organized looting of businesses reducing the minimum threshold amount for third degree grand theft.
- HB 1171: Schemes to Defraud: Makes the penalties for crimes of fraud harsher when committed against minors, people 65 and older or against a person with a mental or physical disability.
The Associated Press contributed to this report
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Author: amyc