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Florida Statute 373.443 | Lawyer Caselaw & Research
F.S. 373.443 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 373.443

The 2023 Florida Statutes (including Special Session C)

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
Chapter 373
WATER RESOURCES
View Entire Chapter
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.

F.S. 373.443 on Google Scholar

F.S. 373.443 on Casetext

Amendments to 373.443


Arrestable Offenses / Crimes under Fla. Stat. 373.443
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 373.443.



Annotations, Discussions, Cases:

Cases from cite.case.law:

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, v. DAWS, Jr. I. O. A. E. L. B. W., 256 So. 3d 907 (Fla. App. Ct. 2018)

. . . Instead, the appellant argued that the trial court erred in determining that section 373.443, Florida . . .

BARNES, v. DISTRICT BOARD OF TRUSTEES OF ST. JOHNS RIVER STATE COLLEGE,, 147 So. 3d 102 (Fla. Dist. Ct. App. 2014)

. . . The trial court ruled the District was entitled to immunity under section 373.443, Florida Statutes. . . . Regarding section 373.443, the District argued it was entitled to absolute immunity from liability for . . . It also argued that immunity under section 373.443 applied because the partial failure of the system . . . Turning to the claim of immunity under section 373.443, the trial court held that “[t]here is no dispute . . . In doing so, the trial court tacitly concluded that section 373.443 extended immunity to the Barneses . . . The trial court properly concluded that, pursuant to Section 373.443, Florida Statutes, the Appellee . . .

CROWLEY MUSEUM AND NATURE CENTER, INC. v. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, 993 So. 2d 605 (Fla. Dist. Ct. App. 2008)

. . . The trial court determined that section 373.443, Florida Statutes (2007), required dismissal of the damages . . . granted the District’s motion to dismiss the Nature Center’s claims for damages pursuant to section 373.443 . . . Instead, the Nature Center argues that the court erred in determining that section 373.443 provides for . . . The District concedes that section 373.443 could not be constitutionally applied to preclude an inverse . . .

MODERN, INC. v. FLORIDA, DEPARTMENT OF TRANSPORTATION, St., 381 F. Supp. 2d 1331 (M.D. Fla. 2004)

. . . . § 373.443. . . . Stat. § 373.443. . . . .

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, v. NANZ,, 642 So. 2d 1084 (Fla. 1994)

. . . We have before us the following question of great public importance: Does section 373.443, Florida Statutes . . . the issue of liability for stormwater management, we rephrase the question as follows: Does section 373.443 . . . The District sought to dismiss the complaint, arguing that section 373.443, Florida Statutes (1989), . . . The District sought review and asserts that section 373.443 confers specific immunity on the District . . . Because the alleged failure of the stormwater management system took place before section 373.443 was . . . The statute we are called upon to construe is section 373.443, Florida Statutes (1987), which reads in . . . pertinent part: 373.443 Immunity from liability. — No action shall be brought against the state or district . . . In view of subsections (3) and (4) of section 373.443, I believe that the immunity also covers the districts . . . circumstances other than total or partial failure for which the district would not be immune under section 373.443 . . .

NANZ, v. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a, 617 So. 2d 735 (Fla. Dist. Ct. App. 1993)

. . . The court found SWFMD to be immune from liability pursuant to section 373.443, Florida Statutes (1989 . . . Section 373.443, Florida Statutes, provides: No action shall be brought against the state or district . . . We interpret section 373.443 to provide that the various water management districts shall not be held . . .