Between 2000 and 2006, the Florida Department of Agriculture destroyed over 600,000 healthy, uninfected backyard citrus trees throughout Florida as part of its failed effort to protect Florida’s commercial citrus industry from a cosmetic, leaf and fruit spotting disease which affects the exterior appearance of citrus fruit, but does not affect homeowners’ use and enjoyment of their trees and fruit, and is not a danger to humans or animals. The State of Florida offered homeowners a $100 gift card, allowing them to purchase garden supplies at Wal-Mart, for the first tree destroyed, and $55 for each additional tree destroyed. Homeowners sued under the Florida Constitution, which guarantees private property owners full compensation when their private property is taken for a public purpose. Grossman Roth trial lawyers are actively involved in these cases, which have been in litigation for over a decade. As a result, homeowners in Broward and Palm Beach Counties obtained judgments of over $8 million and $19 million, respectively. The State, however, has thus far refused to honor these judgments.
Below are significant documents from this litigation.
Broward County Litigation
Final Judgment (Broward)
Broward Liability Order
Bogorff Decision (Published)
Patchen v. FL Dept. of Agriculture & Consumer Services
FL Dept. of Agriculture v. City of Pompano Beach (829 So.2d 928)
FL Dept. of Agriculture & Consumer Svcs v. Cox (54 So3d 1026)
Palm Beach County Litigation
Order Granting Plaintiffs’ Motion for Further Order Regarding Execution
(Conformed) Final Judgment
O- Palm Beach Liability Order