Florida Statute 373.443 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 373
WATER RESOURCES

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F.S. 373.443

373.443 Immunity from liability.—No action shall be brought against the state or district, or any agents or employees of the state or district, for the recovery of damages caused by the partial or total failure of any stormwater management system, dam, impoundment, reservoir, appurtenant work, or works upon the ground that the state or district is liable by virtue of any of the following:

(1) Approval of the permit for construction or alteration.

(2) The issuance or enforcement of any order relative to maintenance or operation.

(3) Control or regulation of stormwater management systems, dams, impoundments, reservoirs, appurtenant work, or works regulated under this chapter.

(4) Measures taken to protect against failure during emergency.

History.—s. 13, part IV, ch. 72-299; s. 23, ch. 89-279.

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Amendments to 373.443

Annotations, Discussions, Cases:

Cases Citing Statute 373.443

Total Results: 7

Nanz v. Southwest Florida Water Management District

617 So. 2d 735, 1993 Fla. App. LEXIS 3647, 1993 WL 95587

District Court of Appeal of Florida | Filed: Mar 31, 1993 | Docket: 64695867

Cited 5 times | Published

SWFMD to be immune from liability pursuant to section 373.443, Florida Statutes (1989), and found that Hillsborough

Florida Fish and Wildlife Conservation Comm. v. William Daws, Jr. and Ouida Gershon

256 So. 3d 907

District Court of Appeal of Florida | Filed: Aug 16, 2018 | Docket: 7673013

Cited 1 times | Published

the trial court erred in determining that section 373.443, Florida Statutes, which addresses immunity

Modern, Inc. v. Florida, Department of Transportation

381 F. Supp. 2d 1331, 2004 U.S. Dist. LEXIS 28572, 2004 WL 3397952

District Court, M.D. Florida | Filed: Apr 14, 2004 | Docket: 2149729

Cited 1 times | Published

FDOT to block the drainage system. Fla. Stat. § 373.443.[35] For this reason, Plaintiffs' trespass and

Florida Fish and Wildlife Conservation Comm. v. William Daws, Jr. and Ouida Gershon

District Court of Appeal of Florida | Filed: Apr 10, 2018 | Docket: 6359024

Published

the trial court erred in determining that section 373.443, Florida Statutes, which addresses immunity

Barnes v. District Board of Trustees

147 So. 3d 102, 2014 WL 3906856, 2014 Fla. App. LEXIS 12388

District Court of Appeal of Florida | Filed: Aug 12, 2014 | Docket: 60243052

Published

the District was entitled to immunity under section 373.443, Florida Statutes. We affirm. I. The Barneses’

Crowley Museum & Nature Center, Inc. v. Southwest Florida Water Management District

993 So. 2d 605, 2008 Fla. App. LEXIS 16551, 2008 WL 4756402

District Court of Appeal of Florida | Filed: Oct 31, 2008 | Docket: 64856295

Published

District. The trial court determined that section 373.443, Florida Statutes (2007), required dismissal

Southwest Florida Water Management District v. Nanz

642 So. 2d 1084, 19 Fla. L. Weekly Supp. 470, 1994 Fla. LEXIS 1475, 1994 WL 525901

Supreme Court of Florida | Filed: Sep 29, 1994 | Docket: 64751007

Published

question of great public importance: Does section 373.443, Florida Statutes (1989), immunize a water