Southwest Florida Water Management District v. Nanz

The statute we are called upon to construe is section 373.443, Florida Statutes (1987), which reads in pertinent part:1

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 dam, impoundment, reservoir, appurtenant work, or works upon the ground that the state or district is liable by virtue of any of the following:

[[Image here]](3) Control or regulation of dams, im-poundments, reservoirs, appurtenant work, or works regulated…