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Radon Disclosure

Florida Department of Health in St. Johns County Environmental Public Health Program

Radon Disclosure

Radon Risk in Florida Homes and Buildings: A reminder to real estate agents, renters, property buyers and sellers.

Real estate agents and brokers abide by a code of ethics that binds them to communicate known issues in a property to buyers.  Thus, it is required and critical to broaden the awareness about radon risks to the public during real estate transactions.

Code of Conduct

Real estate transactions provide a unique opportunity for radon testing, because other inspections of property conditions occur at that time (termite, structural integrity, moisture, other indoor air pollutants, etc.).  The Notification on Real Estate Documents [Section 404.056(5), Florida Statutes (F.S.)] shall be provided "at time of, or prior to, contract for sale and purchase of any building or execution of a rental agreement".

This Statute requires the following disclosure statement:

"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."

Many real estate agents network with home inspectors who may also be certified by the Radon and Indoor Air Program to perform professional radon measurements. However, not all home inspectors are radon certified.  Note that only Florida certified radon businesses and professionals shall provide radon related services for a fee or remuneration.  Note that the US Environmental Protection Agency (EPA), Federal Housing Administration (FHA) and US Department of Housing and Urban Development (HUD) recommend and now require testing for radon.

Some real estate agents may feel that radon testing may jeopardize the sale or rental of dwellings or other buildings. This may prove to be a liability. In the past, the Florida Department of Business and Professional Regulation (DBPR) has fined these real estate agents for failing to provide radon test disclosures to clients, and have ordered them to attend a series of education classes.

Real Estate Agents, Home Inspectors and Clients

Many real estate agents carry insurance which includes a statement of errors and omissions, and other statements about pre-sale or pre-rental [S.624, F.S.].

Radon risk in Florida dwellings and buildings, and professionals providing radon services, is regulated by Florida Statute. The Notification on Real Estate Documents [Section 404.056(5), Florida Statutes (F.S.)] shall be provided "at time of, or prior to, contract for sale and purchase of any building or execution of a rental agreement".  However, "residential transient occupancy is excluded provided that such occupancy is 45 days or less" [S. 509.013(11), F.S.].

Additionally, you should know that only Florida certified radon businesses and professionals shall provide radon related services for a fee or other remuneration.

Listings of Florida certified radon businesses and professionals and other radon information is available from the department directly, by telephone at 850-245-4288, 800-543-8279.

EPA has developed a Home Buyer's and Seller's Guide to Radon which is available to anyone interested.