Florida Department of Environmental Protection, Division of Recreation and Parks, and Florida Department of Transportation v. Estate of Jana Sophie Zoll, by and through its Personal Representative, Michael J. Zoll, and Shyla D. Meece

Summary

In this consolidated nonfinal appeal, the Florida Fifth District Court of Appeal reversed the trial court's denial of the appellants' motion to dismiss based on sovereign immunity. The court held that the allegations against the Florida Department of Environmental Protection and the Florida Department of Transportation concerned discretionary planning-level functions, such as the design of a park divided by a highway and the absence of traffic signals, and therefore the agencies were immune from tort liability under section 768.28, Florida Statutes. The case was remanded with instructions to grant the motion to dismiss.

Holdings

1. The allegations in the amended complaint conclusively establish that sovereign immunity applies because the alleged dangerous condition arose from discretionary, planning-level decisions regarding the design of the park and the placement of traffic control devices.

Questions Presented

1. Whether the trial court erred in denying Appellants' motion to dismiss based on sovereign immunity where the amended complaint alleged that Appellants created a dangerous condition through planning-level decisions.

Disposition

reversed_and_remanded