Free Florida Radon Gas Disclosure
Florida radon gas disclosure required by Fla. Stat. 404.056(5) at execution of every rental agreement for any building. Exact statutory language required. Exception: transient residential occupancy 45 days or less.
Florida Statutes Section 404.056(5) requires landlords to provide tenants with a specific written radon gas disclosure at or prior to execution of every rental agreement for any building. The exact statutory language is mandated; substituted or paraphrased language does not satisfy the statute. The disclosure does NOT require the landlord to test for radon or remediate; it is an information requirement only. The only exception is residential transient occupancy of 45 days or less (per F.S. 509.013(11)). EPA action level for radon is 4.0 pCi/L; testing typically costs $150-300, mitigation $800-2,500 for residential.
Florida Radon Gas Disclosure at a Glance
Statute
F.S. 404.056(5)
Required In
Every Lease
Exception
45-Day Transient
EPA Level
4.0 pCi/L
Florida Statutory Radon Language (Required)
Fla. Stat. 404.056(5) requires this EXACT language to be included on at least one document, form, or application executed at the time of, or prior to, contract for sale or rental: 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.
How to Use the Florida Radon Gas Disclosure
Identify when the notice is required
Identify when the disclosure is required: at or prior to execution of every Florida rental agreement for any building, regardless of whether the building is in a known radon-prone area. Exception: transient residential occupancy of 45 days or less.
Prepare the notice
Prepare the disclosure using the EXACT statutory language from F.S. 404.056(5). Substituted or paraphrased language does not satisfy the statute. The disclosure may be included in the body of the lease or as a separate document.
Serve the notice
Deliver to the tenant at or prior to lease execution. Most Florida landlords include the disclosure in the body of the lease itself; including a separate signed disclosure document is also common.
Follow statutory timeline
Tenant signed acknowledgment provides documentary evidence of compliance. Retain a copy in the tenant file. The landlord does NOT need to test for radon or remediate; the disclosure is informational only.
Document the process
If the tenant requests radon testing during the tenancy, the tenant may arrange testing through a Florida-certified radon business (only Florida certified businesses may provide services for fee). The landlord is not required to test or remediate but may choose to do so.
Generate the Florida Notice
Complete the fields below to generate a Florida radon gas disclosure. Service should comply with Fla. Stat. 404.056(5) (provided at time of, or prior to, lease execution); retain proof of delivery.
Purpose of the Florida radon disclosure
The disclosure informs Florida tenants of the health risks associated with radon gas accumulation in buildings. It is an information requirement only; it does NOT require the landlord to test for radon or mitigate radon levels. EPA recommends mitigation at 4.0 pCi/L or higher. Testing is the tenant choice during the tenancy.
1. Parties & Property
From (Landlord / Property Manager)
To (Tenant)
2. Property Details
Exact statutory language required
The PDF generated below includes the exact F.S. 404.056(5) statutory language. Florida law does not permit substituted or paraphrased language. The disclosure may be included in the lease body or as a separate document.
3. Notice Content
4. Signature
About This Florida Notice
Florida Statutes Section 404.056(5) requires landlords to provide tenants with a specific written radon gas disclosure at or prior to execution of every rental agreement for any building, regardless of whether the building is in a known radon-prone area. The statute mandates exact language; substituted or paraphrased language does not satisfy the statute. The disclosure does NOT require the landlord to test for radon or remediate radon levels; it is an information requirement only. The only exception is residential transient occupancy of 45 days or less (per F.S. 509.013(11)). Most Florida landlords include the disclosure in the body of the lease itself; including a separate signed disclosure document is also common. EPA action level for radon is 4.0 pCi/L; testing typically costs $150-300, mitigation $800-2,500 for residential. Only Florida-certified radon businesses may provide radon services for fee under F.S. 404.056. Best practice: include the exact statutory language in the body of every Florida lease, use bold or set-off formatting to draw attention, obtain tenant signed acknowledgment at lease signing, and retain a copy in the tenant file.
Florida Statutory Requirements
- Statute: Fla. Stat. 404.056(5)
- Applies to: every Florida rental agreement for any building
- Required: exact statutory language (no substitution)
- Timing: at or prior to lease execution
- Form: may be in body of lease or separate disclosure
- Exception: transient residential occupancy 45 days or less (F.S. 509.013(11))
- NOT required: landlord testing or mitigation
Delivery Methods
- Body of Florida lease — most common method
- Separate disclosure document — signed at lease signing
- Electronic delivery with tenant consent (E-Sign Act)
- Certified mail with lease packet
Common Mistakes
- Using paraphrased or substituted language instead of the exact statutory language
- Failing to include the disclosure in any Florida lease agreement
- Assuming non-radon-prone area is exempt — the disclosure is required regardless of building location
- Treating 45-day exception as broader — applies only to transient residential occupancy
- No tenant signed acknowledgment
Best Practices
- Include in body of every Florida lease using exact statutory language
- Use bold or set-off formatting to draw attention
- Obtain tenant signed acknowledgment at lease signing
- Retain a copy in the tenant file
- Consider radon testing at landlord option, especially in known radon-prone areas of Florida
- Use Florida-certified radon businesses for any testing or mitigation
Bottom line
Florida Statutes 404.056(5) requires the EXACT statutory radon disclosure language at or prior to execution of every Florida rental agreement. Disclosure is informational only — landlord NOT required to test or mitigate. Only exception: transient residential occupancy 45 days or less. Best practice: include in body of every Florida lease, use bold formatting, obtain tenant signed acknowledgment, retain in tenant file.
Frequently Asked Questions
When is a Florida radon gas disclosure required?
A Florida radon gas disclosure is required by Fla. Stat. 404.056(5) at or prior to execution of every Florida rental agreement for any building, regardless of building location. The only exception is residential transient occupancy of 45 days or less.
What must the disclosure contain?
The disclosure must contain the EXACT statutory language from F.S. 404.056(5): a statement that radon is a naturally occurring radioactive gas that may present health risks when accumulated; that levels exceeding federal and state guidelines have been found in Florida buildings; and a referral to the county health department for additional information.
How must the disclosure be delivered?
Most Florida landlords include the disclosure in the body of the lease itself. A separate signed disclosure document is also common. Certified mail and electronic delivery (with tenant consent under the E-Sign Act) are also permitted at or prior to lease execution.
Does the landlord have to test for radon?
The landlord is required to provide the statutory disclosure; the landlord is NOT required to test for radon or mitigate radon levels. The tenant may, at the tenant choice and cost, arrange radon testing through a Florida-certified radon business during the tenancy.
What is the EPA action level?
The EPA action level for radon is 4.0 pCi/L; mitigation is recommended at or above this level. Testing typically costs $150-300 for residential. Mitigation typically costs $800-2,500. Only Florida-certified radon businesses may provide radon services for fee under F.S. 404.056.
What are common mistakes?
Common mistakes include using paraphrased or substituted language instead of the exact statutory language, failing to include the disclosure in any Florida lease, assuming non-radon-prone area is exempt (the disclosure is required regardless of location), treating the 45-day exception as broader than transient residential occupancy, and no tenant signed acknowledgment.
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