Does Florida Require a Radon Disclosure for a Sale or Lease?

The radon notice is one of Florida's statutory real estate disclosures. It applies to any building, including buildings other than homes, and it applies to both sales and rentals.

The statute sets out the required wording. In summary, the notice explains that radon is a naturally occurring radioactive gas that may present health risks to people exposed to it over time when it has built up in a building in sufficient quantities. It also states that radon levels exceeding federal and state guidelines have been found in Florida buildings and that more information about radon and testing is available from the county health department.

The notice does not have to be a separate document. The statute requires it on at least one document, form, or application signed at or before the contract or rental agreement, which is why it often appears in the purchase contract or lease itself.

There is one exception. The requirement does not apply to a residential transient occupancy described in section 509.013(12) if the stay lasts 45 days or less. The statute requires notice, not testing. Other seller disclosures, such as flood disclosure for Florida home sellers, have their own rules.