|
|
The 2025 Florida Statutes
|
|
|
|
|
F.S. 581.184581.184 Adoption of rules; citrus disease management.—(1) The department shall adopt by rule, pursuant to ss. 120.536(1) and 120.54, and implement a comprehensive citrus health plan to minimize the impact of exotic citrus pests and diseases to citrus production and to allow for the orderly marketing of citrus fruit in other states and countries. (2) Regulation of the removal or destruction of citrus trees pursuant to this section is hereby preempted to the state. No county, municipal, or other local ordinance or other regulation that would otherwise impose requirements, restrictions, or conditions upon the department or its contractors with respect to the removal or destruction of citrus trees pursuant to this section shall be enforceable against the department or its contractors. (3) The department shall adopt rules, pursuant to ss. 120.536(1) and 120.54, regarding the conditions under which citrus plants can be grown, moved, and planted in this state as may be necessary for the control or prevention of the dissemination of citrus diseases. Such rules shall be in effect for any period during which, in the judgment of the Commissioner of Agriculture, there is the threat of the spread of citrus diseases in the state. (4) The department shall develop by rule, pursuant to ss. 120.536(1) and 120.54, a statewide program of decontamination to prevent and limit the spread of citrus canker disease. Such program shall address the application of decontamination procedures and practices to all citrus plants and plant products, vehicles, equipment, machinery, tools, objects, and persons who could in any way spread or aid in the spreading of citrus canker in this state. In order to prevent contamination of soil and water, such rules shall be developed in consultation with the Department of Environmental Protection. The department may develop compliance and other agreements which it determines can aid in the carrying out of the purposes of this section, and enter into such agreements with any person or entity. (5) Owners or operators of nonproduction vehicles and equipment shall follow the department guidelines for citrus canker decontamination. (6) Notwithstanding any provision of law, the Department of Environmental Protection is not authorized to institute proceedings against any person under the provisions of s. 376.307(5) to recover any costs or damages associated with contamination of soil or water, or the evaluation, assessment, or remediation of contamination of soil or water, including sampling, analysis, and restoration of soil or potable water supplies, where the contamination of soil or water is determined to be the result of a program of decontamination to prevent and limit the spread of citrus canker disease pursuant to rules developed under this section. This subsection does not limit regulatory authority under a federally delegated or approved program. (7) Upon request of the department, the sheriff or chief law enforcement officer of each county in the state shall provide assistance in obtaining access to private property for the purpose of enforcing the provisions of this section. The sheriff or chief law enforcement officer shall be responsible for maintaining public order during the citrus disease management process and protecting the safety of department employees, representatives, and agents charged with implementing and enforcing the provisions of this section. The department may reimburse the sheriff or chief law enforcement officer for the reasonable costs of implementing the provisions of this subsection. History.—s. 1, ch. 86-128; s. 29, ch. 99-391; s. 2, ch. 2000-308; ss. 1, 4, ch. 2002-11; s. 30, ch. 2002-402; s. 57, ch. 2003-399; s. 3, ch. 2004-52; s. 1, ch. 2004-254; s. 1, ch. 2005-26; s. 2, ch. 2006-45; s. 135, ch. 2020-2.
| |
Annotations, Discussions, Cases:
Cases Citing Statute 581.184
Total Results: 17
568 So. 2d 35
Supreme Court of Florida | Filed: Sep 27, 1990 | Docket: 1526579
Cited 24 times | Published
to the threat of citrus canker by enacting section 581.184, Florida Statutes (Supp. 1986), which provided
870 So. 2d 774
Supreme Court of Florida | Filed: Feb 12, 2004 | Docket: 1330650
Cited 15 times | Published
we must address the constitutionality of section 581.184, Florida Statutes (2003) (Citrus Canker Law)
836 So. 2d 1040, 2003 WL 118257
District Court of Appeal of Florida | Filed: Jan 15, 2003 | Docket: 1745747
Cited 10 times | Published
warrants. The issues presented are: (1) whether section 581.184, Florida Statutes (2002), requiring the removal
792 So. 2d 539, 2001 WL 770096
District Court of Appeal of Florida | Filed: Jul 11, 2001 | Docket: 1735340
Cited 10 times | Published
of "exposed to infection" as set forth in section 581.184, Florida Statutes (2000).
The IFO violates
906 So. 2d 1005, 2005 WL 856890
Supreme Court of Florida | Filed: Apr 14, 2005 | Docket: 1775529
Cited 3 times | Published
as one of great public importance.
In 2002, section 581.184(1)(b), Florida Statutes, was amended to state
824 So. 2d 167
Supreme Court of Florida | Filed: Jul 11, 2002 | Docket: 1435207
Cited 3 times | Published
error from resolution of the actual merits.
Section 581.184, Florida Statutes enacted by the Legislature
790 So. 2d 555
District Court of Appeal of Florida | Filed: Jul 20, 2001 | Docket: 1411686
Cited 3 times | Published
injunction and are not parties to this appeal.
[2] Section 581.184(7), Fla. Stat. (2000), provides:
Upon request
780 So. 2d 922, 2001 WL 76954
District Court of Appeal of Florida | Filed: Jan 31, 2001 | Docket: 1708705
Cited 3 times | Published
the grant of legislative authority found in section 581.184(2), Florida Statutes (2000), which directed
114 So. 3d 1138, 2012 WL 3964983, 2012 Fla. App. LEXIS 15240
District Court of Appeal of Florida | Filed: Sep 12, 2012 | Docket: 60231770
Cited 1 times | Published
effect. Patchen, 906 So.2d at 1006; see also § 581.184(2)(a), Fla. Stat. (2002) (“The department shall
870 So. 2d 774
Supreme Court of Florida | Filed: Feb 12, 2004 | Docket: 64829866
Cited 1 times | Published
we must address the constitutionality of section 581.184, Florida Statutes (2003) (Citrus Canker Law)
126 So. 3d 367, 2013 WL 5628727, 2013 Fla. App. LEXIS 16396
District Court of Appeal of Florida | Filed: Oct 16, 2013 | Docket: 60236424
Published
adopted a rule, followed by the enactment of section 581.184, Florida Statutes (2003), requiring the destruction
920 So. 2d 650, 2005 Fla. App. LEXIS 19967, 2005 WL 3478203
District Court of Appeal of Florida | Filed: Dec 21, 2005 | Docket: 64842313
Published
that could threaten agricultural interests. Section 581.184, Florida Statutes,1 further requires the sheriff
865 So. 2d 610, 2004 Fla. App. LEXIS 427, 2004 WL 89611
District Court of Appeal of Florida | Filed: Jan 21, 2004 | Docket: 64828047
Published
methodology did not assure compliance with section 581.184, Florida Statutes, in that the department was
861 So. 2d 86, 2003 Fla. App. LEXIS 17708, 2003 WL 22736472
District Court of Appeal of Florida | Filed: Nov 21, 2003 | Docket: 64826931
Published
that the 1900 foot boundary established in section 581.184 is based upon scientific and statistical data
858 So. 2d 1100, 2003 Fla. App. LEXIS 15633, 2003 WL 22358436
District Court of Appeal of Florida | Filed: Oct 17, 2003 | Docket: 64826374
Published
Spears challenges the constitutionality of section 581.184, Florida Statutes, governing citrus canker
824 So. 2d 167
Supreme Court of Florida | Filed: Jul 11, 2002 | Docket: 64817030
Published
error from resolution of the actual merits.
Section 581.184, Florida Statutes enacted by the Legislature
568 So. 2d 35, 15 Fla. L. Weekly Supp. 511, 1990 Fla. LEXIS 1194, 1990 WL 141446
Supreme Court of Florida | Filed: Sep 27, 1990 | Docket: 64653739
Published
to the threat of citrus canker by enacting section 581.184, Florida Statutes (Supp.1986), which provided
