Florida Statutes

Fla. Stat. § 373.443 (2025)

Immunity from liability.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 7 cases, 1993–2018 · leading case: Florida Fish & Wildlife Conservation Comm. v. William Daws, Jr. & Ouida Gershon, 256 So. 3d 907 (Fla. 1st DCA 2018).

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Florida Fish & Wildlife Conservation Comm. v. William Daws, Jr. & Ouida Gershon, 256 So. 3d 907 (Fla. 1st DCA 2018). · cites it 2× “Instead, the appellant argued that the trial court erred in determining that section 373.443, Florida Statutes, which addresses immunity from liability pertaining to storm water management systems, provided for sovereign immunity from its inverse condemnation claim because such…”

Sw. Florida Water Mgmt. Dist. v. Nanz, 642 So. 2d 1084 (Fla. 1994). · cites it 19× “§ 373.443, Fla.Stat. (1987). The legislature amended the statute in 1989 to provide immunity for stormwater management: 373.”

Nanz v. Sw. Florida Water Mgmt. Dist., 617 So. 2d 735 (Fla. 2d DCA 1993). · cites it 5× “The court found SWFMD to be immune from liability pursuant to section 373.443, Florida Statutes (1989), and found that Hillsborough County had no duty to act as alleged.”

Crowley Museum & Nature Ctr., Inc. v. Sw. Florida Water Mgmt. Dist., 993 So. 2d 605 (Fla. 2d DCA 2008). · cites it 5× “The trial court determined that section 373.443, Florida Statutes (2007), required dismissal of the damages claims based on sovereign immunity.”

Modern, Inc. v. Florida, Dep't of Transp., 381 F. Supp. 2d 1331 (M.D. Fla. 2004). · cites it 4× “Count IX: Permanent Injunctive Relief Defendants contend that Plaintiffs’ request for injunctive relief is an attempt to collaterally attack the results of a prior legal proceeding.”

Barnes v. Dist. Bd. of Trs., 147 So. 3d 102 (Fla. 1st DCA 2014). · cites it 27× “§ 373.443, Fla. Stat. (2009), amended by ch.”

Florida Fish & Wildlife Conservation Comm. v. William Daws, Jr. & Ouida Gershon (Fla. 1st DCA 2018). · cites it 2× “Instead, the appellant argued that the trial court erred in determining that section 373.443, Florida Statutes, which addresses immunity from liability pertaining to storm water management systems, provided for sovereign immunity from its inverse condemnation claim because such…”

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