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FLORIDA DEPT. OF AGR. AND CONSUMER SERVICES v. HAIRE

No. 4D02-2584.

832 So.2d 778 (2002)

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Appellant, v. John M. HAIRE and Patricia A. Haire, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

July 9, 2002.

Attorney(s) appearing for the Case

Arthur J. England, Jr., Elliot H. Scherker and Elliot B. Kula of Greenberg Traurig, Miami, for appellant.

Edward A. Dion, County Attorney, Andrew J. Meyers, Chief Appellate Counsel, and Tamara M. Scrudders, Assistant County Attorney, Broward County; Robert A. Duvall, Assistant County Attorney, Miami; Donald J. Lunney, City Attorney, Plantation; Gordon B. Linn, City Attorney, Pompano Beach; Michael J. Pawelczyk, Assistant City Attorney, Fort Lauderdale; Daniel L. Abbott, City Attorney, Hollywood; Samuel S. Goren, City Attorney, City of Coral Springs; Monroe D. Kiar, Town Attorney, Town of Davie; for appellees.

FARMER, 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...

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