373.433
Abatement.
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373.433 Abatement.—Any stormwater management system, dam, impoundment, reservoir, appurtenant work, or works which violates the laws of this state or which violates the standards of the governing board or the department shall be declared a public nuisance. The operation of such stormwater management system, dam, impoundment, reservoir, appurtenant work, or works may be enjoined by suit by the state or any of its agencies or by a private citizen. The governing board or the department shall be a necessary party to any such suit. Nothing herein shall be construed to conflict with the provisions of s. 373.429.
History.—s. 10, part IV, ch. 72-299; s. 20, ch. 89-279.
Notes of Decisions
Cited in 2
cases, 2014–2017 · leading case: Florida Wildlife Federation Inc. v. United States Army Corps of Engineers
Florida Wildlife Federation Inc. v. United States Army Corps of Engineers (2017)
“” Fla. Stat. § 373.433.5 5 The statute reads, Any stormwater management system, dam, impoundment, reservoir, appurtenant work, or works which violates the laws of this state or which violates the standards of the governing board or the [DEP] shall be declared a public nuisance.”
Barnes v. District Board of Trustees (2014)
“We agree that section 373.433 was intended to provide a broader scope of immunity where a partial/total failure of a stormwater management system occurs and the failure arises from the control or regulation of the system.”
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