Florida Radon Gas Disclosure (Statute 404.056)

TL;DR

What the radon disclosure requires

Section 404.056(5) of the Florida Statutes is a mandatory disclosure law, not a testing or remediation law. It reflects a legislative judgment that buyers and tenants should be told, as a matter of course, that radon exists and can be a health concern, and pointed toward where they can learn more — without imposing any duty to actually measure or fix radon levels in a particular building.

The disclosure must appear on at least one document, form, or application executed at the time of, or before, the signing of a contract for sale and purchase of any building, or the execution of a rental agreement for any building. It is a broad requirement that applies to buildings generally, not just single-family homes. Because the obligation attaches to the transaction document, the practical compliance question is simply whether the required language is present in the contract or lease the parties sign. For how radon fits within the wider set of condition disclosures a Florida seller owes a buyer, see our guide to seller property disclosure requirements.

The exact statutory language

What makes the radon disclosure distinctive on the exam is that the statute prescribes exact language that must be reproduced verbatim. Substituted or paraphrased wording does not satisfy §404.056(5). The required notice reads:

RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.

This kind of fixed, must-be-verbatim language is the same category as a handful of other Florida mandatory notices, and it is why the disclosure is testable: a question may show a paraphrase and ask whether it complies — and it does not, because the statute requires this specific text. For a comparison with another Florida environmental-condition disclosure that turns on a specific statutory trigger, see our guide to sinkhole disclosure under §627.7073.

When and how the notice is delivered

The timing rule is that the notice must be provided at or before execution of the sale contract or the rental agreement. It does not have to be a standalone document — the statute is satisfied if the required language appears in the body of the contract or lease itself, which is how it is almost always handled in Florida.

Many standard Florida sale and lease forms include the required radon language, so compliance is often handled inside the main transaction document rather than with a separate radon form. As a result, a transaction using such standard forms typically complies automatically, with no separate radon disclosure form to sign. Where parties use a custom contract, though, the drafter must make sure the exact statutory language is included. For the standard "as is" Florida contract form in which this language ordinarily appears, see our guide to the FAR/BAR "as is" contract form.

Scope and the transient-occupancy exemption

The radon disclosure applies broadly to contracts for the sale of any building and to rental agreements for any building, which sweeps in residential and many other building transactions. The obligation is on the party providing the document — the seller or landlord side — to ensure the notice is present.

There is one notable carve-out: the requirement does not apply to residential transient occupancy of 45 days or less, such as short-term lodging stays. That exemption keeps the disclosure focused on the sale and longer-term rental transactions where a buyer or tenant is making a meaningful commitment to occupy a building, rather than brief hotel-style stays. Outside that narrow exemption, the notice requirement is the default for building sales and leases. For the landlord-tenant framework that governs the longer residential tenancies where this disclosure applies, see our guide to the residential landlord-tenant law under Chapter 83.

Frequently Asked Questions

Does Florida require radon testing before a sale?

No. Section 404.056(5) requires only disclosure, not testing or remediation. Neither the seller nor the landlord must measure radon levels or fix them; they must provide the statutory radon notice in the transaction documents. A buyer or tenant who wants an actual radon measurement can arrange testing separately through a Florida-certified radon business, but the law does not require it as part of the transaction.

What exactly must the radon notice say?

The statute prescribes exact language that must be reproduced verbatim: "RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department." Paraphrasing does not satisfy §404.056(5).

Where does the radon disclosure have to appear?

On at least one document, form, or application executed at the time of, or before, signing a contract for sale and purchase of any building or a rental agreement for any building. It does not need to be a separate form — including the required language in the body of the contract or lease satisfies the statute, which is how standard Florida forms handle it.

Is there a separate radon disclosure form in Florida?

Usually not. Many standard Florida sale and lease forms already include the required radon language within the form, so a transaction using such forms typically complies automatically with no separate form. A separate radon notice is only needed if the parties use a custom contract that does not already include the exact statutory language.

Are any transactions exempt from the radon disclosure?

Yes. The requirement does not apply to residential transient occupancy of 45 days or less — short-term lodging-type stays. For sales of buildings and for longer-term residential leases, the disclosure is required. The exemption keeps the notice focused on transactions where a buyer or tenant is making a meaningful commitment to occupy a building rather than a brief stay.

Who is responsible for providing the radon notice?

The party furnishing the transaction document — the seller (or their agent) in a sale, and the landlord in a lease — is responsible for ensuring the required radon language is present. In practice, because the notice is embedded in standard Florida contract and lease forms, compliance is automatic in most transactions. When a custom document is used, the drafter must include the exact statutory text to comply.

Bottom Line

Florida's radon gas disclosure, under §404.056(5), requires a specific statutory notice in every contract for the sale and purchase of a building and every rental agreement for a building, provided on at least one document signed at or before execution. It is a disclosure requirement only — no testing or remediation is mandated. The language is fixed by statute and must be reproduced exactly; a paraphrase does not comply, which is what makes it a testable point. Because the required text is built into many standard Florida sale and lease forms, most transactions comply inside the main document with no separate radon form, and the requirement does not apply to transient occupancy of 45 days or less. For related Florida topics, see our guides to seller property disclosure requirements, sinkhole disclosure, and flood disclosure under §689.302.

Source: Fla. Stat. §404.056 (FindLaw) · Florida Statutes §404.056 (official) · Florida Department of Health — Radon