Florida Radon Gas Disclosure

Florida Radon Gas Disclosure Requirements

⚠️ Legal Notice: This form provides a template for informational purposes only and does not constitute legal advice. Always consult with a qualified Florida attorney for specific legal guidance regarding landlord-tenant disclosures and obligations.

What is Radon and Why Does Florida Require This Disclosure?

Radon is a colorless, odorless, tasteless radioactive gas that occurs naturally when uranium in soil, rock, and water breaks down. It can enter buildings through cracks in foundations, gaps around pipes, and other openings. When radon accumulates indoors, it becomes a health hazard.

Florida enacted the radon disclosure requirement under Florida Statutes § 404.056(5) to ensure tenants are informed about potential radon risks before signing a lease. While Florida is generally considered a low-to-moderate radon state compared to northern states, elevated radon levels have been found in buildings throughout Florida, particularly in certain geological areas.

Health Risks of Radon Exposure

Radon is the second leading cause of lung cancer in the United States, responsible for an estimated 21,000 lung cancer deaths annually according to the Environmental Protection Agency (EPA). The risk increases with:

• Higher radon levels – The higher the concentration, the greater the risk
• Longer exposure time – Years of exposure increase cumulative risk
• Smoking – Smokers exposed to radon have significantly higher lung cancer risk
• Lower floors – Basements and ground floors typically have higher levels

Because radon is invisible and has no smell, testing is the only way to determine if a building has elevated radon levels. The EPA has established 4.0 pCi/L (picocuries per liter) as the “action level” at which remediation is recommended.

Florida Radon Statistics and High-Risk Areas

While Florida’s overall radon risk is lower than many northern states, the Florida Department of Health has identified elevated radon levels in every Florida county. Some areas have higher concentrations due to underlying phosphate deposits and limestone bedrock.

Risk Level	Counties/Areas	Average Levels
Higher Risk	Alachua, Marion, Citrus, Hernando, Hillsborough, Pinellas, Polk	2.0 – 4.0+ pCi/L possible
Moderate Risk	Central Florida counties, Tampa Bay area	1.0 – 2.5 pCi/L typical
Lower Risk	South Florida, coastal areas, Miami-Dade, Broward	Below 1.0 pCi/L typical

Important: Even in “lower risk” areas, individual buildings can have elevated radon levels. The only way to know for certain is through testing.

What Florida Landlords Must Do

1. Provide the Required Disclosure (Mandatory)

Florida law requires landlords to provide the exact statutory radon warning language to all tenants signing leases exceeding 45 days. This can be done by:

• Including the disclosure language directly in the lease agreement
• Providing a separate disclosure form (like this one) signed by the tenant
• Ensuring the disclosure is provided at or before lease signing

2. Radon Testing (Not Required, But Recommended)

Florida law does NOT require landlords to test for radon. However, testing is recommended because:

• It demonstrates good faith and concern for tenant safety
• Low test results can be a marketing advantage
• If high levels are found, mitigation can be installed
• It may reduce liability if tenants develop health issues

3. Radon Mitigation (Not Required Unless…)

Landlords are not legally required to mitigate radon even if elevated levels are found. However, disclosure of known high levels to prospective tenants is ethically expected. Many landlords choose to install mitigation systems because:

• Mitigation is relatively affordable ($800 – $2,500 typically)
• It eliminates potential liability concerns
• Properties with mitigation systems are more marketable
• It protects tenant health and landlord reputation

Tenant Rights Regarding Radon

Tenants in Florida have several rights related to radon:

• Right to Disclosure: Tenants must receive the statutory radon warning before signing any lease over 45 days
• Right to Test: Tenants may conduct their own radon testing at their expense (short-term test kits cost $15-$30)
• Right to Information: Tenants can request information from the county health department about radon in their area
• Right to Negotiate: If elevated radon is found, tenants may negotiate with landlords for mitigation or lease termination (though landlords are not legally required to agree)

How to Test for Radon

There are two main types of radon tests:

Short-Term Tests (2-7 Days)

• Charcoal canisters or alpha track detectors
• Cost: $15-$40 (DIY kits) or $150-$300 (professional)
• Good for initial screening
• Place in lowest living area with windows/doors closed
• Send to certified lab for analysis

Long-Term Tests (90+ Days)

• More accurate representation of annual average
• Cost: $25-$50 (DIY) or $200-$400 (professional)
• Recommended if short-term test shows 2.0-4.0 pCi/L
• Better for making mitigation decisions

Professional Testing

• Conducted by Florida-certified radon measurement technicians
• More reliable and may be required for real estate transactions
• Find certified testers through Florida Department of Health

Radon Mitigation Systems

If testing reveals radon levels at or above 4.0 pCi/L, mitigation is strongly recommended. The most common and effective mitigation method is Sub-Slab Depressurization (SSD):

• How it works: A pipe is inserted through the foundation slab and connected to a fan that continuously draws radon-laden air from beneath the building and vents it outside
• Cost: $800 – $2,500 for most residential properties
• Effectiveness: Typically reduces radon levels by 80-99%
• Maintenance: Minimal – fan replacement every 5-10 years ($100-$200)
• Installation time: Usually completed in one day

Other mitigation methods include sealing cracks and openings, improving ventilation, and installing crawl space encapsulation for homes with crawl spaces.

Penalties for Non-Compliance

While Florida Statutes § 404.056(5) requires the radon disclosure, the statute does not specify direct penalties for non-compliance. However, landlords who fail to provide the disclosure may face:

• Civil liability: Tenants who develop radon-related health issues could argue the landlord’s failure to disclose contributed to their harm
• Lease voidability: Tenants might claim the lease is voidable due to missing legally required disclosures
• Negligence claims: Failure to disclose known radon risks could support negligence arguments
• Bad faith claims: In security deposit disputes or other litigation, failure to provide required disclosures reflects poorly on the landlord

Frequently Asked Questions

Does this disclosure apply to month-to-month leases?

Yes, if the cumulative tenancy exceeds 45 days. Even month-to-month leases should include the disclosure since the tenancy will likely exceed 45 days.

Does this apply to furnished short-term rentals (Airbnb, VRBO)?

If the rental period is 45 days or less, the disclosure is not legally required. However, for longer vacation rentals or seasonal tenancies exceeding 45 days, the disclosure is required.

Do condos and apartments need radon disclosure?

Yes. The Florida radon disclosure requirement applies to all residential buildings, including condominiums, apartments, townhouses, single-family homes, and mobile homes. Units on upper floors generally have lower radon risk but are still subject to disclosure requirements.

What if the tenant refuses to sign the disclosure?

Document the refusal. Make a note that the disclosure was provided, the date it was provided, and that the tenant declined to sign. Have a witness if possible. The legal requirement is to provide the disclosure, not to obtain a signature.

Is there radon in South Florida?

South Florida (Miami-Dade, Broward, Palm Beach) generally has lower radon levels than Central and North Florida. However, elevated levels have been found in individual buildings even in South Florida. The disclosure is still required regardless of location.

Can a tenant break their lease if high radon is found?

Florida law does not specifically allow lease termination due to radon levels. However, tenants may attempt to negotiate early termination or request mitigation. Landlords are not legally obligated to mitigate or allow early termination, but accommodating reasonable tenant concerns is often the best approach.

Resources

• Florida Department of Health Radon Program: FloridaHealth.gov/radon
• Radon Hotline: 1-800-543-8279
• EPA Radon Information: EPA.gov/radon
• Florida Statutes § 404.056: Florida Legislature
• Find Certified Radon Professionals: National Radon Proficiency Program (NRPP) or National Radon Safety Board (NRSB)