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SPEARS v. DEPARTMENT OF AGRICULTURE

No. 5D03-771.

858 So.2d 1100 (2003)

Nancy I. SPEARS, Appellant, v. DEPT. OF AGRICULTURE AND CONSUMER SERVICES, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 14, 2003.

Attorney(s) appearing for the Case

Michael R. D'Lugo of Wicker, Smith, O'Hara, McCoy, Graham & Ford, P.A., Orlando, for Appellant.

Wesley R. Parsons and Jack R. Reiter of Adorno & Yoss, P.A., Miami, for Appellee.

PLEUS, J.

Nancy Spears appeals from an immediate final order issued by the Department of Agriculture and Consumer Services advising her that her citrus trees would be destroyed because the trees are infected with citrus canker or are exposed to citrus canker by being located within 1900 feet of diseased trees.

Spears challenges the constitutionality of section 581.184, Florida Statutes, governing citrus canker eradication. She asserts that the statute is unconstitutional...

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