373.443
Immunity from liability.
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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 and Wildlife Conservation Comm. v. William Daws, Jr. and Ouida Gershon
Florida Fish and Wildlife Conservation Comm. v. William Daws, Jr. and Ouida Gershon (2018)
“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…”
Southwest Florida Water Management District v. Nanz (1994)
“§ 373.443, Fla.Stat. (1987). The legislature amended the statute in 1989 to provide immunity for stormwater management: 373.”
Nanz v. Southwest Florida Water Management District (1993)
“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 Center, Inc. v. Southwest Florida Water Management District (2008)
“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, Department of Transportation (2004)
“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. District Board of Trustees (2014)
“§ 373.443, Fla. Stat. (2009), amended by ch.”
Florida Fish and Wildlife Conservation Comm. v. William Daws, Jr. and Ouida Gershon (2018)
“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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