Southwest Florida Water Management District v. Nanz

SHAW, Justice.

We have before us the following question of great public importance:

Does section 373.443, Florida Statutes (1989), immunize a water management district from negligence in the execution of its operational level activities or are such activities and subsequent liability governed by the relevant provisions of section 768.-28, Florida Statutes (1989)?

Nanz v. Southwest Florida Water Management Dist., 617 So.2d 735 (Fla. 2d DCA 1993) (order on motion for certification). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

Because the present case is controlled by the 1987, not the…