Florida Statutes
Fla. Stat. § 581.184 (2025)
Adoption of rules; citrus disease management.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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581.184 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.
Notes of Decisions
Cited in 17
cases, 1990–2013 · leading case: Florida Dept. of Agric. & Consum. Servs. v. Haire, 836 So. 2d 1040 (Fla. 4th DCA 2003).
Florida Dept. of Agric. & Consum. Servs. v. Haire, 836 So. 2d 1040 (Fla. 4th DCA 2003). “The issues presented are: (1) whether section 581.184, Florida Statutes (2002), requiring the removal of citrus trees within 1900 feet of a tree infected with canker, violates substantive and procedural due process; (2) whether the Department has the authority to conduct…”
Patchen v. Florida Dept. of Agric., 906 So. 2d 1005 (Fla. 2005). “§ 581.184, Fla. Stat. (2002). Section 581.”
Haire v. Florida Dep't of Agric. & Consum. Servs., 870 So. 2d 774 (Fla. 2004). “To resolve this issue, we must address the constitutionality of section 581.184, Florida Statutes (2003) (Citrus Canker Law), which contains the statutory authority for the Department to destroy privately owned citrus trees under its Citrus Canker Eradication Program.”
Haire v. Fla. Dept. of Agr. & Cons. Serv., 870 So. 2d 774 (Fla. 2004). “To resolve this issue, we must address the constitutionality of section 581.184, Florida Statutes (2003) (Citrus Canker Law), which contains the statutory authority for the Department to destroy privately owned citrus trees under its Citrus Canker Eradication Program.”
Florida Dept. of Agric. & Consum. Servs. v. CITY OF POMPANA BEACH, 792 So. 2d 539 (Fla. 4th DCA 2001). “ The Department exceeded its delegated authority by defining "exposed" in its Emergency Rule in a manner inconsistent with the legislature's definition of "exposed to infection" as set forth in section 581.184, Florida Statutes (2000).”
Florida Dep't of Agric. & Consum. Servs. v. Lopez-Brignoni, 114 So. 3d 1138 (Fla. 3d DCA 2012). “2d at 1006 ; see also § 581.184(2)(a), Fla. Stat. (2002) (“The department shall remove and destroy all infected citrus trees and all citrus trees exposed to infection.”
Dept. of Agr. & Consum. Serv. v. Polk, 568 So. 2d 35 (Fla. 1990). “The Florida Legislature, beginning at a special session in December 1984, also responded to the threat of citrus canker by enacting section 581.184, Florida Statutes (Supp. 1986), which provided specific authority to the Commissioner of Agriculture to destroy plants carrying the…”
State v. Sun Gardens Citrus, LLP, 780 So. 2d 922 (Fla. 2d DCA 2001). “The Department fashioned this rule pursuant to the grant of legislative authority found in section 581.184(2), Florida Statutes (2000), which directed it to promulgate rules identifying the circumstances under which plants and trees may be destroyed for the purpose of…”
Dep't of Agric. & Consum. Servs. v. Polk, 568 So. 2d 35 (Fla. 1990). “The Florida Legislature, beginning at a special session in December 1984, also responded to the threat of citrus canker by enacting section 581.184, Florida Statutes (Supp.1986), which provided specific authority to the Commissioner of Agriculture to destroy plants carrying the…”
Dep't of Agric. & Consum. Servs. v. Miami-Dade Cnty., 790 So. 2d 555 (Fla. 3d DCA 2001). “[2] Section 581.184(7), Fla. Stat. (2000), provides: Upon request of the department, the sheriff 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.”
Meszaros v. Dep't of Agric. & Consum. Servs., 861 So. 2d 86 (Fla. 5th DCA 2003). “” It further defines citrus trees “exposed to infection” as those trees “located within 1900 feet of an infected tree.” The Meszaroses argue that the 1900 foot boundary established in section 581.”
Vaughan v. Florida Dep't of Agric. & Consum. Servs., 920 So. 2d 650 (Fla. 4th DCA 2005). “We note that the trial court did not dismiss the case as to the department and sheriffs office, and their potential liability is not an issue in this appeal.”
— 581.184(1)(a) — 2 cases
Florida Dept. of Agric. & Consum. Servs. v. Haire, 836 So. 2d 1040 (Fla. 4th DCA 2003). “The issues presented are: (1) whether section 581.184, Florida Statutes (2002), requiring the removal of citrus trees within 1900 feet of a tree infected with canker, violates substantive and procedural due process; (2) whether the Department has the authority to conduct…”
Haire v. Fla. Dept. of Agr. & Cons. Serv., 870 So. 2d 774 (Fla. 2004). “To resolve this issue, we must address the constitutionality of section 581.184, Florida Statutes (2003) (Citrus Canker Law), which contains the statutory authority for the Department to destroy privately owned citrus trees under its Citrus Canker Eradication Program.”
— 581.184(1)(b) — 3 cases
Patchen v. Florida Dept. of Agric., 906 So. 2d 1005 (Fla. 2005). “§ 581.184, Fla. Stat. (2002). Section 581.”
Florida Dept. of Agric. & Consum. Servs. v. Haire, 836 So. 2d 1040 (Fla. 4th DCA 2003). “The issues presented are: (1) whether section 581.184, Florida Statutes (2002), requiring the removal of citrus trees within 1900 feet of a tree infected with canker, violates substantive and procedural due process; (2) whether the Department has the authority to conduct…”
Haire v. Fla. Dept. of Agr. & Cons. Serv., 870 So. 2d 774 (Fla. 2004). “To resolve this issue, we must address the constitutionality of section 581.184, Florida Statutes (2003) (Citrus Canker Law), which contains the statutory authority for the Department to destroy privately owned citrus trees under its Citrus Canker Eradication Program.”
— 581.184(2) — 4 cases
Haire v. Florida Dep't of Agric. & Consum. Servs., 870 So. 2d 774 (Fla. 2004). “To resolve this issue, we must address the constitutionality of section 581.184, Florida Statutes (2003) (Citrus Canker Law), which contains the statutory authority for the Department to destroy privately owned citrus trees under its Citrus Canker Eradication Program.”
State v. Sun Gardens Citrus, LLP, 780 So. 2d 922 (Fla. 2d DCA 2001). “The Department fashioned this rule pursuant to the grant of legislative authority found in section 581.184(2), Florida Statutes (2000), which directed it to promulgate rules identifying the circumstances under which plants and trees may be destroyed for the purpose of…”
Haire v. Fla. Dept. of Agr. & Cons. Serv., 870 So. 2d 774 (Fla. 2004). “To resolve this issue, we must address the constitutionality of section 581.184, Florida Statutes (2003) (Citrus Canker Law), which contains the statutory authority for the Department to destroy privately owned citrus trees under its Citrus Canker Eradication Program.”
Florida Dep't of Agric. & Consum. Servs. v. Haire, 865 So. 2d 610 (Fla. 4th DCA 2004).
— 581.184(2)(a) — 5 cases
Florida Dept. of Agric. & Consum. Servs. v. Haire, 836 So. 2d 1040 (Fla. 4th DCA 2003). “The issues presented are: (1) whether section 581.184, Florida Statutes (2002), requiring the removal of citrus trees within 1900 feet of a tree infected with canker, violates substantive and procedural due process; (2) whether the Department has the authority to conduct…”
Florida Dep't of Agric. & Consum. Servs. v. Lopez-Brignoni, 114 So. 3d 1138 (Fla. 3d DCA 2012). “2d at 1006 ; see also § 581.184(2)(a), Fla. Stat. (2002) (“The department shall remove and destroy all infected citrus trees and all citrus trees exposed to infection.”
Patchen v. Florida Dept. of Agric., 906 So. 2d 1005 (Fla. 2005). “§ 581.184, Fla. Stat. (2002). Section 581.”
Haire v. Florida Dep't of Agric. & Consum. Servs., 870 So. 2d 774 (Fla. 2004). “To resolve this issue, we must address the constitutionality of section 581.184, Florida Statutes (2003) (Citrus Canker Law), which contains the statutory authority for the Department to destroy privately owned citrus trees under its Citrus Canker Eradication Program.”
Haire v. Fla. Dept. of Agr. & Cons. Serv., 870 So. 2d 774 (Fla. 2004). “To resolve this issue, we must address the constitutionality of section 581.184, Florida Statutes (2003) (Citrus Canker Law), which contains the statutory authority for the Department to destroy privately owned citrus trees under its Citrus Canker Eradication Program.”
— 581.184(2)(b) — 1 case
Florida Dep't of Agric. & Consum. Servs. v. Haire, 865 So. 2d 610 (Fla. 4th DCA 2004).
— 581.184(7) — 1 case
Dep't of Agric. & Consum. Servs. v. Miami-Dade Cnty., 790 So. 2d 555 (Fla. 3d DCA 2001). “[2] Section 581.184(7), Fla. Stat. (2000), provides: Upon request of the department, the sheriff 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.”
— 581.184(l)(a) — 1 case
Haire v. Florida Dep't of Agric. & Consum. Servs., 870 So. 2d 774 (Fla. 2004). “To resolve this issue, we must address the constitutionality of section 581.184, Florida Statutes (2003) (Citrus Canker Law), which contains the statutory authority for the Department to destroy privately owned citrus trees under its Citrus Canker Eradication Program.”
— 581.184(l)(b) — 2 cases
Florida Dep't of Agric. & Consum. Servs. v. Lopez-Brignoni, 114 So. 3d 1138 (Fla. 3d DCA 2012). “2d at 1006 ; see also § 581.184(2)(a), Fla. Stat. (2002) (“The department shall remove and destroy all infected citrus trees and all citrus trees exposed to infection.”
Haire v. Florida Dep't of Agric. & Consum. Servs., 870 So. 2d 774 (Fla. 2004). “To resolve this issue, we must address the constitutionality of section 581.184, Florida Statutes (2003) (Citrus Canker Law), which contains the statutory authority for the Department to destroy privately owned citrus trees under its Citrus Canker Eradication Program.”
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