You can’t sue the building department for not enforcing the building code. The City of Surfside can’t be held legally responsible for failure to enforce the building code during initial construction, or in recent years. Neither can the Surfside building official who reportedly told residents that there was nothing to worry about.
The main reason is that under Florida law, building departments and building officials are similar to police officers, charged with protecting the public safety and welfare. On the same logic that a crime victim can’t sue the police department for failing to enforce the law, you can’t sue the building department for not enforcing the building code. So has ruled the Florida Supreme Court. This is part of Florida sovereign immunity law, standing for the principal that you can’t sue the king, except to the extent that the king allows.
As for the original developers, architects, engineers and contractors–who may not have installed sufficient structural support–they’re off the hook and have no legal liability as well. The Statute of Limitations is the reason why. Florida statute 95.11 entitled Limitation of Actions provides that an action based on negligence in building design, planning, or construction must be brought no later than 10 years after construction was completed.
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Mark
www.markwolin.com
