Addressing stormwater drainage in Florida has been an ongoing challenge since the middle of the twentieth century when the State began to experience rapid growth. Drainage problems already occur in Florida during seasonal high tides, heavy rains, and in storm surge events, and the impacts projected by climate change will exacerbate flooding. Identification of deficiencies in Florida’s existing drainage systems should include the responsibility and liability of drainage systems to be retrofitted to adapt to climate change. Part I of this paper explains the connection between global climate change and its effects on stormwater drainage in Florida. The existing governmental entities for stormwater drainage in Florida are identified and the scope of their governance is explained in Part II. Part III summarizes the existing sovereign immunity laws in Florida, including an explanation of how the federal roots and key exceptions to sovereign immunity influence Florida law. Part IV discusses two views on proposed changes to Florida’s sovereign immunity laws.
Theresa K. Bowley,
A Blanket of Immunity Will Not Keep Florida Dry: Proposed Adjustments to Florida's Drainage Regulations and Sovereign Immunity Laws to Account for Climate Change Impacts,
Fla. A&M U. L. Rev.
Available at: http://commons.law.famu.edu/famulawreview/vol10/iss2/5