Florida residents sue Sarasota County, claiming dike breaches allowed floodwaters to destroy their neighborhood

In the months following this storm, investigators looked more deeply into the issue, and some argued that the lack of preparedness was more to blame for ruined homes than the storm itself. Now, one community is using this evidence against its county leaders.

Residents of the Laurel Meadows subdivision recently filed a civil lawsuit alleging Sarasota County knew about a breach in a dike along Kalpen Slough that could have prevented massive flooding, ABC 7 Sarasota reports (2). During Hurricane Debby, this poorly maintained infrastructure allegedly failed to keep the water back as intended, leading to flooding on 56 properties.

Attorney Stephen D. Hutton, who’s now representing the affected Laurel Meadows homeowners in this case, told ABC 7 Sarasota that he has evidence local officials knew about this issue as far back as 2018. Hutton went on to explain that, “When the water got high enough from Tropical Storm Debby, it went over and through that breach in the dike. And that’s what caused the flooding in Laurel Meadows.”

These allegations match another report by Florida Trident and Suncoast Searchlight into Sarasota’s floodwater infrastructure after Hurricane Debby. In this investigation, researchers found that a berm meant to protect Laurel Meadows wasn’t checked for decades (3).

The investigation also alleged that county officials knew about many weaknesses in their stormwater system from findings by Wood Environment & Infrastructure Solutions in 2022, yet they failed to act on this information.

Laurel Meadows is hoping to get between $15 million and $20 million from the county with a successful suit. Although Sarasota County responded to ABC 7 Sarasota by email, they wouldn’t comment on the details of this case.

Who pays the price for a damaged dike?

Although there may be nuances in some legal codes, local governments like Sarasota County have a duty to maintain infrastructure — such as stormwater systems and dikes — so residents aren’t vulnerable to predictable risks.

When these structures deteriorate or vulnerabilities go unaddressed, it’s perfectly legal to hold county officials accountable if attorneys can prove negligence contributed to catastrophic outcomes.

One legal statute that helps Laurel Meadows’ case includes Florida Statutes § 125.012, which grants counties the power to construct, maintain and repair public works (4). Another statute — Florida Statutes § 403.0891(5) — specifically says the state, water management districts and local governments share responsibility for developing “mutually compatible stormwater management programs.”

​Even though local officials have an expectation to uphold public safety, that doesn’t mean homeowners don’t bear any responsibility for protecting their property and minimizing losses in flood-prone areas. This, however, doesn’t absolve the county of neglecting maintenance, but people living in areas with flood risk need to recognize that even the best-maintained flood defenses can fail in extreme conditions.

One way to prevent financial loss on an individual level is to buy flood insurance. However, many homeowners — even those in flood-prone states — don’t have this protection. Even though FEMA estimates flooding has affected 99% of U.S. counties since 1996, only 4% of homeowners have flood insurance (6).

Related: How to get a better rate on home insurance

​The Orlando Sentinel reports that just 6% of Central Florida residents hold this insurance policy. Although the entire state is fairly better at about 20% coverage, that still leaves millions vulnerable to massive costs if they suffer flood damage (7).

How you can protect your finances from a flood

When officials like those in Sarasota County appear to neglect their duties, they can be held legally accountable. However, that doesn’t mean it’s wise to overrely on government protection for your property or your pocketbook.

After all, the Laurel Meadows case is only strong because there’s evidence suggesting the county didn’t act on a known dike vulnerability. But what about a flooding case where there wasn’t an identifiable issue with the infrastructure?

Also, even if the Laurel Meadows homeowners win their case, it could take months to clear in the legal system. In the meantime, residents with gutted homes may still need to raise funds to stay afloat.

Besides filing lawsuits and engaging local government officials to demand better infrastructure inspections, homeowners have to focus on personal preparedness.