Florida Statute 581.184 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXV
AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

Chapter 581
PLANT INDUSTRY

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F.S. 581.184

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.

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Amendments to 581.184

Arrestable Offenses / Crimes under Fla. Stat. 581.184

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 581.184.

Annotations, Discussions, Cases:

Cases Citing Statute 581.184

Total Results: 18

Florida Department of Agriculture & Consumer Services v. Mendez

Court: Fla. Dist. Ct. App. | Date Filed: 2013-10-16T00:00:00-07:00

Citation: 126 So. 3d 367, 2013 WL 5628727, 2013 Fla. App. LEXIS 16396

Snippet: adopted a rule, followed by the enactment of section 581.184, Florida Statutes (2003), requiring the destruction…1,900-foot radius of an infected tree. Section 581.184, Florida Statutes, provided methods of implementing

Florida Department of Agriculture & Consumer Services v. Lopez-Brignoni

Court: Fla. Dist. Ct. App. | Date Filed: 2012-09-12T00:00:00-07:00

Citation: 114 So. 3d 1138, 2012 WL 3964983, 2012 Fla. App. LEXIS 15240

Snippet: effect. Patchen, 906 So.2d at 1006; see also § 581.184(2)(a), Fla. Stat. (2002) (“The department shall…all citrus trees exposed to infection.”); *1145§ 581.184(l)(b), Fla. Stat. (2002) (‘“Exposed to infection

Vaughan v. Florida Department of Agriculture & Consumer Services

Court: Fla. Dist. Ct. App. | Date Filed: 2005-12-21T00:00:00-08:00

Citation: 920 So. 2d 650, 2005 Fla. App. LEXIS 19967, 2005 WL 3478203

Snippet: could threaten agricultural interests. Section 581.184, Florida Statutes,1 further requires the sheriff…concurs. FARMER, J., dissents with opinion. . See 581.184(7), Fla. Stat. (2000), subsequently amended and

Patchen v. FLORIDA DEPT. OF AGRICULTURE

Court: Fla. | Date Filed: 2005-04-14T00:53:00-07:00

Citation: 906 So. 2d 1005

Snippet: one of great public importance. In 2002, section 581.184(1)(b), Florida Statutes, was amended to state in… within 1900 feet of an infected tree. Section 581.184(2)(a) was amended to state in pertinent part: The…trees and all citrus trees exposed to infection. § 581.184, Fla. Stat. (2002). Section 581.1845 was added …citrus canker disease in this state," see § 581.184, Fla. Stat. (2000); establish quarantine areas,…majority that this case is controlled by section 581.184, Florida Statutes (2002), because that statutory

Haire v. Florida Department of Agriculture & Consumer Services

Court: Fla. | Date Filed: 2004-02-12T00:00:00-08:00

Citation: 870 So. 2d 774

Snippet: must address the constitutionality of section 581.184, Florida Statutes (2003) (Citrus Canker Law), which…LAW During the 2002 legislative session, section 581.184 was amended to require the Department to remove…See ch.2002-11, § 1, Laws of Fla. (codified at § 581.184(2), Fla. Stat. (2003)). The Legislature defined…exhibiting visible symptoms of the disease.” § 581.184(l)(a), Fla. Stat. (2003). Citrus trees that are…located within 1,900 feet of an infected tree.” § 581.184(l)(b).3 In order to carry out the destruction of

Haire v. FLA. DEPT. OF AGR. & CONS. SERV.

Court: Fla. | Date Filed: 2004-02-11T23:53:00-08:00

Citation: 870 So. 2d 774

Snippet: must address the constitutionality of section 581.184, Florida Statutes (2003) (Citrus Canker Law), which…LAW During the 2002 legislative session, section 581.184 was amended to require the Department to remove…See ch.2002-11, § 1, Laws of Fla. (codified at § 581.184(2), Fla. Stat. (2003)). The Legislature defined…exhibiting visible symptoms of the disease." § 581.184(1)(a), Fla. Stat. (2003). Citrus trees that are…within 1,900 feet of an infected tree." § 581.184(1)(b).[3] In order to carry out the destruction

Florida Department of Agriculture & Consumer Services v. Haire

Court: Fla. Dist. Ct. App. | Date Filed: 2004-01-21T00:00:00-08:00

Citation: 865 So. 2d 610, 2004 Fla. App. LEXIS 427, 2004 WL 89611

Snippet: methodology did not assure compliance with section 581.184, Florida Statutes, in that the department was not… granting temporary injunctive relief. Section 581.184 defines a citrus tree exposed to infection as one… Before the legislature’s enactment of section 581.184, in 2002, the 1900 foot buffer zone was a “rule…Pompano Beach and Haire left off. Accepting section 581.184 in light of Haire, the trial judge, considering…challenge the department’s implementation of section 581.184. Subsection (6) provides that the department shall

Meszaros v. Department of Agriculture & Consumer Services

Court: Fla. Dist. Ct. App. | Date Filed: 2003-11-21T00:00:00-08:00

Citation: 861 So. 2d 86, 2003 Fla. App. LEXIS 17708, 2003 WL 22736472

Snippet: address the Meszaroses’ arguments. *87Section 581.184, Florida Statutes (2002) mandates that the “Department… the 1900 foot boundary established in section 581.184 is based upon scientific and statistical data showing

Spears v. Dept. of Agriculture & Consumer Services

Court: Fla. Dist. Ct. App. | Date Filed: 2003-10-17T00:00:00-07:00

Citation: 858 So. 2d 1100, 2003 Fla. App. LEXIS 15633, 2003 WL 22358436

Snippet: Spears challenges the constitutionality of section 581.184, Florida Statutes, governing citrus canker eradication

Florida Dept. of Agriculture and Consumer Services v. Haire

Court: Fla. Dist. Ct. App. | Date Filed: 2003-01-14T23:53:00-08:00

Citation: 836 So. 2d 1040

Snippet: The issues presented are: (1) whether section 581.184, Florida Statutes (2002), requiring the removal… signature, are mandated. We hold that section 581.184 does not violate due process and is therefore constitutional…court made the following conclusions: 1) sections 581.184 and 933.07 are unconstitutional because they violate…) the scientific principles upon which section 581.184 is founded are unsound and do not provide adequate…Constitutionality of 2002 Citrus Canker Legislation Section 581.184(2)(a), Florida Statutes (2002), provides: The department

FLA. DEPT. OF AGR. & CONS. SERV. v. Haire

Court: Fla. | Date Filed: 2002-07-11T00:53:00-07:00

Citation: 824 So. 2d 167

Snippet: from resolution of the actual merits. Section 581.184, Florida Statutes enacted by the Legislature in…to adjudicate the constitutionality of section 581.184 or any related issues, our decision will be a more

Florida Department of Agriculture & Consumer Services v. Haire

Court: Fla. | Date Filed: 2002-07-11T00:00:00-07:00

Citation: 824 So. 2d 167

Florida Department of Agriculture & Consumer Services v. Haire

Court: Fla. Dist. Ct. App. | Date Filed: 2002-07-09T00:00:00-07:00

Citation: 832 So. 2d 778, 2002 Fla. App. LEXIS 9589, 2002 WL 1465712

Snippet: various aspects of the 2002 amendments to sections 581.184 and 933.02 dealing with DOA’s authority to eradicate

Department of Agriculture and Consumer Services v. Miami-Dade County

Court: Fla. Dist. Ct. App. | Date Filed: 2001-07-20T00:53:00-07:00

Citation: 790 So. 2d 555

Snippet: and are not parties to this appeal. [2] Section 581.184(7), Fla. Stat. (2000), provides: Upon request

Florida Dept. of Agriculture & Consumer Services v. CITY OF POMPANA BEACH

Court: Fla. Dist. Ct. App. | Date Filed: 2001-07-11T00:53:00-07:00

Citation: 792 So. 2d 539

Snippet: exposed to infection" as set forth in section 581.184, Florida Statutes (2000). The IFO violates procedural

State v. Sun Gardens Citrus, LLP

Court: Fla. Dist. Ct. App. | Date Filed: 2001-01-30T23:53:00-08:00

Citation: 780 So. 2d 922

Snippet: grant of legislative authority found in section 581.184(2), Florida Statutes (2000), which directed it

DEPT. OF AGR. & CONSUMER SERV. v. Polk

Court: Fla. | Date Filed: 1990-09-27T00:53:00-07:00

Citation: 568 So. 2d 35

Snippet: the threat of citrus canker by enacting section 581.184, Florida Statutes (Supp. 1986), which provided

Department of Agriculture & Consumer Services v. Polk

Court: Fla. | Date Filed: 1990-09-27T00:00:00-07:00

Citation: 568 So. 2d 35, 15 Fla. L. Weekly Supp. 511, 1990 Fla. LEXIS 1194, 1990 WL 141446

Snippet: the threat of citrus canker by enacting section 581.184, Florida Statutes (Supp.1986), which provided specific