Selling or buying on Fort Myers Beach means balancing sunshine with serious details. In a coastal market shaped by floods, storms, and condo rules, the right disclosures protect you and keep deals together. In this guide, you’ll learn what Florida requires, what local buyers expect, and how to verify the facts that matter most. Let’s dive in.
Your duty to disclose in Florida
Florida requires sellers to disclose known facts that materially affect value and are not readily observable. Real estate licensees must also disclose known material facts to all parties. In short, if you know about an issue that could impact value or safety, share it.
Fort Myers Beach disclosures that matter
State flood disclosure
Florida Statute 689.302 requires a written flood disclosure for residential real property at or before contract. The 2025 update asks whether you know of flooding that damaged the property during your ownership, whether you filed flood-damage insurance claims, and whether you received assistance for flood damage. Review the statutory language in Florida Statute 689.302 to understand the required statements and timing. See Florida Statute 689.302.
Coastal construction control line (CCCL)
If a property lies partially or totally seaward of the CCCL, the seller must provide a coastal properties disclosure that warns of erosion risk and special coastal regulations. Unless waived in writing, you must also provide an affidavit or survey showing the CCCL location. Review Florida Statute 161.57.
Condominiums and timeshares
Many Fort Myers Beach homes are condos or timeshares. For resales, Florida law requires delivery of key association documents, including the declaration, bylaws, rules, recent financials, and budget, within statutory timeframes. Learn what must be provided in Florida Statute 718.503.
Lead-based paint and radon
For housing built before 1978, federal law requires a lead-based paint disclosure, a pamphlet, and a chance for buyers to conduct a lead inspection. Get the federal overview from the EPA’s lead disclosure rule. Florida also requires radon notification language on real estate documents and recommends testing. Learn more from the Florida Department of Health radon page.
Sinkhole claim history
If a sinkhole insurance claim was made and paid, sellers must disclose that claim before closing and whether proceeds were used for repairs. Engineering reports are required where repairs occurred. See the rules in Florida Statute 627.7073.
Sea turtle lighting rules
Fort Myers Beach enforces turtle-friendly lighting during nesting season (May 1 through Oct 31). Coastal buyers should plan for compliant fixtures and window coverings to prevent light visible from the beach. Review the Town’s guidance on the Sea Turtle Conservation page.
Permits and repair records
After recent storms, buyers expect proof of permitted repairs for roofs, structural work, and seawalls. Collect permits, final inspections, and contractor warranties so you can answer questions with confidence. Find local permit resources on the Town’s Building Services page.
Flood zones and elevation certificates
Fort Myers Beach is a barrier island where many homes sit in AE or V/VE flood zones. Buyers should verify the current FEMA Flood Insurance Rate Map zone and request any available elevation certificate. Use the FEMA Flood Map Service Center to check the property’s flood zone and search for an existing elevation certificate via Lee County’s database of submitted certificates at the Lee County Elevation Certificate Search.
Smart documents to gather before listing
Required by law
- Florida flood disclosure form per Statute 689.302.
- Coastal properties disclosure and CCCL affidavit/survey if seaward of the CCCL.
- Condo resale documents (declaration, bylaws, rules, current budget and financials).
- Lead-based paint disclosure for homes built before 1978.
- Sinkhole claim disclosure when applicable.
Highly recommended to share
- Recent permits, final inspections, and completion certificates for storm or structural repairs.
- Any elevation certificate and the FEMA FIRM panel for the parcel.
- WDO/termite inspection history and treatment/repair records.
- Insurance claim records and proof of work performed.
- Utility status, including public sewer connection.
- For beachfront homes: surveys, seawall permits, and notes on turtle-friendly lighting compliance.
Buyer due diligence checklist
- Verify the flood zone and request any elevation certificate.
- Discuss flood insurance needs with your lender or insurer if the home is in a Special Flood Hazard Area.
- Review building permits, final inspections, and contractor warranties for recent work.
- Order a general home inspection, a WDO inspection, and separate roof, seawall, or engineering evaluations if conditions warrant.
- For condos, review governing documents, budgets, reserves, and any pending assessments or litigation.
- Ask about coastal regulations, CCCL location, and lighting compliance if near the beach.
Keep your sale compliant and confident
The right disclosures reduce surprises, build trust, and keep your closing on track. If you prepare the required forms and organize permits, insurance records, and association documents early, you make it easier for buyers to say yes. For local guidance and a streamlined process, connect with The Vetere Team for listing or buyer representation across Fort Myers Beach.
FAQs
What does Florida’s flood disclosure require for Fort Myers Beach homes?
- Sellers must deliver a written flood disclosure stating whether they know of flooding that damaged the property during their ownership, whether flood-damage insurance claims were filed, and whether assistance was received for flood damage.
Who must provide the coastal (CCCL) disclosure on Fort Myers Beach?
- Sellers of property located partially or totally seaward of the Coastal Construction Control Line must provide the coastal disclosure and, unless waived, an affidavit or survey showing the CCCL location.
What condo documents do buyers get in a Florida resale?
- Buyers typically receive the declaration, bylaws, rules, most recent financial statement, and current budget, along with any other documents required by statute and the association.
Do sea turtle lighting rules affect beach homes?
- Yes, from May 1 through Oct 31 properties near the beach must use turtle-friendly lighting and limit visible interior light; buyers should factor potential lighting or window-covering updates into plans.
How do I find or order an elevation certificate for a Fort Myers Beach property?
- Ask the seller if one exists and check county records; if none is available, you can hire a licensed surveyor to prepare a new elevation certificate for insurance and permitting needs.
