John M. HAIRE, et al., Petitioners,
v.
FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Respondent.
Brooks Tropical, Inc., Petitioner,
v.
Florida Department of Agriculture and Consumer Services, Respondent.
Supreme Court of Florida.https://leagle.com/images/logo.png
February 12, 2004.
Rehearing Denied April 6, 2004.
Attorney(s) appearing for the Case
Edward A. Dion, Broward County Attorney, and Andrew J. Meyers, Chief Appellate Counsel, Fort Lauderdale, FL; Robert A. Ginsburg, Miami-Dade County Attorney, and Robert A. Duvall, III, Assistant County Attorney, Miami, FL; Samuel S. Goren, City Attorney, City of Coral Springs, and Michael D. Cirullo of Goren, Cherof, Doody & Ezrol, P.A., Fort Lauderdale, FL; Monroe D. Kiar, Town Attorney, Town of Davie, Davie, FL; Diana Grub Frieser, City Attorney, and John O. McKirchy, Assistant City Attorney, Boca Raton, FL; and Gordon B. Linn, City Attorney, and Jim Stokes, Assistant City Attorney, City of Pompano Beach, Pompano Beach, FL, on behalf of John M. Haire, et al.; and Craig P. Kalil of Aballi, Milne, Kalil & Escagedo, P.A., Miami, FL; William J. Moore, III of Henrichsen Siegel Moore, Jacksonville, FL; and Malcolm A. Misuraca of the Law Offices of Malcolm A. Misuraca, Newport Beach, CA, on behalf of Brooks Tropicals, Inc., for Petitioners.
Arthur J. England, Jr., Elliot H. Scherker, and Elliot B. Kula of Greenberg Traurig, P.A., Miami, FL; Jerold I. Budney of Greenberg Traurig, P.A., Fort Lauderdale, FL; and David C. Ashburn of Greenberg Traurig, P.A., Tallahassee, FL, on behalf of Florida Department of Agriculture and Consumer Services, for Respondent.
Michael L. Rosen of Shook, Hardy & Bacon, L.L.P., Tampa, FL, for Florida Citrus Mutual, Amicus Curiae.
Supreme Court of Florida.
PARIENTE, 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...
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