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DEPARTMENT OF CITRUS v. GRAVES BROS. CO.

No. 2D03-2276.

889 So.2d 831 (2004)

DEPARTMENT OF CITRUS, Appellant, v. GRAVES BROTHERS CO., Evans Properties, Inc., Southern Garden Groves Corp., the Latt Maxcy Corp., Fellsmere Joint Venture LLP, Oak Hammock Groves, Ltd., Silver Strand III, Partnership, and Barron Collier Partnership, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 4, 2005.

Attorney(s) appearing for the Case

Barry Richard of Greenberg Traurig, P.A., Tallahassee; Elliot B. Kula of Greenberg Traurig, P.A., Miami; and Hank B. Campbell and Monterey Campbell of Gray Harris, Lakeland, co-counsel for Appellant.

Michael P. McMahon and Virginia B. Townes of Akerman Senterfitt, Orlando and Steven B. Gold, Clewiston, co-counsel for Appellees.

DAKAN, STEPHEN L., Associate Senior Judge.

The Department of Citrus ("DOC") appeals the declaratory judgment of the trial court entered in favor of the Appellees ("Growers") declaring that the tax imposed upon the Growers by the provisions of section 601.15, Florida Statutes (2002), violates that portion of the First Amendment to the United States Constitution regarding free speech. We affirm.

Section 601.04(1)(a...

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