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PATCHEN v. FLORIDA DEPT. OF AGRICULTURE

No. SC02-1291.

906 So.2d 1005 (2005)

Brian P. PATCHEN, et ux., Petitioners, v. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Respondent.

Supreme Court of Florida.

Rehearing Denied July 1, 2005.

Attorney(s) appearing for the Case

Joseph H. Serota of Weiss, Serota, Helfman, Pastoriza and Guedes, P.A., Miami, FL, and Robert C. Gilbert, Coral Gables, FL, for Petitioner.

Wesley R. Parsons and Jack R. Reiter of Adorno and Yoss, P.A., Miami, FL, for Respondent.

Robert A. Ginsburg, Miami-Dade County Attorney and Robert A. Duvall, III, Assistant County Attorney, Miami, FL; and Edward A. Dion, Broward County Attorney, Andrew J. Meyers, Chief Appellate Counsel, and Tamara M. Scrudders, Assistant County Attorney, Fort Lauderdale, amicus curiae, on behalf of Broward County and Miami-Dade County.

Roy D. Wasson, Miami, FL, Malcolm A. Misuraca, Resolution Law Group, P.C., Lafayette, CA, John G. Crabtree, Key Biscayne, FL, and Craig P. Kalil of Aballi, Milne, Kalil and Escagedo, P.A., Miami, FL, amicus curiae, on behalf of Brooks Tropicals, Inc.

PER CURIAM.

We have for review a decision of the Third District Court of Appeal on the following question, which the court certified to be of great public importance:

Does the Florida Supreme Court's decision in Department of Agriculture & Consumer Services v. Polk, 568 So.2d 35 (Fla.1990), which held that the Department's destruction of healthy commercial citrus nursery stock within 125 feet

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