Legal Opinion

Haire v. Florida Department of Agriculture & Consumer Services

Supreme Court of Florida

Decided February 12, 2004No. Nos. SC03-446, SC03-552PublishedCited by 19 opinions

1Opinion of the CourtPariente, J.

The primary issue in this case is whether the State, through the Department of Agriculture and Consumer Services (Department), is acting within permissible constitutional boundaries by destroying privately owned citrus trees that are within 1900 feet of a tree infected with citrus canker, even though the destroyed trees show no outward signs of infection and appear healthy. To resolve this issue, we must address the constitutionality of section 581.184, Florida Statutes (2003) (Citrus Canker Law), which contains the statutory authority for the Department to destroy privately owned citrus…

2Cases cited57 opinions

  1. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  2. Federal Communications Commission v. Beach Communications, Inc.Supreme Court of the United States · 1993
  3. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  4. Ginsberg v. New YorkSupreme Court of the United States · 1968
  5. Sproles v. BinfordSupreme Court of the United States · 1932

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3Cited by19 opinions

  1. FL. DEPT. OF ENVIRONMENTAL PROTECTION v. Contractpoint Florida Parks, LLCSupreme Court of Florida · 2008
  2. Patchen v. FLORIDA DEPT. OF AGRICULTURESupreme Court of Florida · 2005
  3. Silvio Membreno v. City of HialeahDistrict Court of Appeal of Florida · 2016
  4. Bernard v. RoseDistrict Court of Appeal of Florida · 2011
  5. Florida Department of Agriculture & Consumer Services v. Lopez-BrignoniDistrict Court of Appeal of Florida · 2012

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