Florida Department of Agriculture & Consumer Services v. Haire
District Court of Appeal of Florida
1Opinion of the CourtFarmer, J.
The Department of Agriculture and Consumer Services (DOA) appeals an order of the circuit court granting a temporary injunction. In the process the court held unconstitutional various aspects of the 2002 amendments to sections 581.184 and 933.02 dealing with DOA’s authority to eradicate citrus canker. See Ch.2002-11, Laws of Fla. The order concludes that the statutory amendments impair important constitutional rights of property owners of citrus trees throughout the state. The order also finds that the 1,900-feet zone prescribed by the statute for the elimination of healthy trees exposed to…
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