Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 581.184 | Lawyer Caselaw & Research
F.S. 581.184 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 581.184

The 2023 Florida Statutes (including Special Session C)

Title XXXV
AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY
Chapter 581
PLANT INDUSTRY
View Entire Chapter
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.

F.S. 581.184 on Google Scholar

F.S. 581.184 on Casetext

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 from cite.case.law:

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES v. MENDEZ, 126 So. 3d 367 (Fla. Dist. Ct. App. 2013)

. . . The Department first adopted a rule, followed by the enactment of section 581.184, Florida Statutes ( . . . Section 581.184, Florida Statutes, provided methods of implementing the plan, and section 581.1845, Florida . . .

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, v. LOPEZ- BRIGNONI,, 114 So. 3d 1138 (Fla. Dist. Ct. App. 2012)

. . . Patchen, 906 So.2d at 1006; see also § 581.184(2)(a), Fla. . . . .”); § 581.184(l)(b), Fla. . . .

D. VAUGHAN, v. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, a A., 920 So. 2d 650 (Fla. Dist. Ct. App. 2005)

. . . Section 581.184, Florida Statutes, further requires the sheriff to provide assistance and protection . . . See 581.184(7), Fla. Stat. (2000), subsequently amended and now found in subsection (9). . . .

P. PATCHEN, v. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES,, 906 So. 2d 1005 (Fla. 2005)

. . . In 2002, section 581.184(l)(b), Florida Statutes, was amended to state in pertinent part: “Exposed to . . . Section 581.184(2)(a) was amended to state in pertinent part: The department shall remove and destroy . . . all infected citrus trees and all citrus trees exposed to infection. § 581.184, Fla. . . . eradicating, controlling, or preventing the dissemination of citrus canker disease in this state,” see § 581.184 . . . I cannot agree with the majority that this case is controlled by section 581.184, Florida Statutes (2002 . . . The decision in Haire addresses the constitutionality of section 581.184, Florida Statutes (2003) (Citrus . . .

M. HAIRE, v. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, v., 870 So. 2d 774 (Fla. 2004)

. . . To resolve this issue, we must address the constitutionality of section 581.184, Florida Statutes (2003 . . . (codified at § 581.184(2), Fla. Stat. (2003)). . . . .” § 581.184(l)(a), Fla. Stat. (2003). . . . .” § 581.184(l)(b). . . . See § 581.184(2)(a). . . .

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, v. M. A. HAIRE, B. M., 865 So. 2d 610 (Fla. Dist. Ct. App. 2004)

. . . trial court found that the department’s existing methodology did not assure compliance with section 581.184 . . . Section 581.184 defines a citrus tree exposed to infection as one located within 1,900 feet of an infected . . . Before the legislature’s enactment of section 581.184, in 2002, the 1900 foot buffer zone was a “rule . . . Accepting section 581.184 in light of Haire, the trial judge, considering Appellees’ renewed request . . . See § 581.184(2) & (4), Fla. Stat. (2002). . . .

A. MESZAROS G. v. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES,, 861 So. 2d 86 (Fla. Dist. Ct. App. 2003)

. . . Section 581.184, Florida Statutes (2002) mandates that the “Department shall remove and destroy all infected . . . The Meszaroses argue that the 1900 foot boundary established in section 581.184 is based upon scientific . . .

I. SPEARS, v. DEPT. OF AGRICULTURE AND CONSUMER SERVICES,, 858 So. 2d 1100 (Fla. Dist. Ct. App. 2003)

. . . Spears challenges the constitutionality of section 581.184, Florida Statutes, governing citrus canker . . .

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, v. M. A. HAIRE, B. M., 836 So. 2d 1040 (Fla. Dist. Ct. App. 2003)

. . . The issues presented are: (1) whether section 581.184, Florida Statutes (2002), requiring the removal . . . We hold that section 581.184 does not violate due process and is therefore constitutional, but that section . . . In its order the court found that section 581.184 was unconstitutional because it constituted a taking . . . See § 581.184. Thus, the probable cause for an administrative search is satisfied. . . . In summary, we conclude and hold that section 581.184 is constitutional. . . .

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES v. M. HAIRE, 824 So. 2d 167 (Fla. 2002)

. . . Section 581.184, Florida Statutes enacted by the Legislature in 2002, is a complex statutory scheme. . . . If we eventually are called upon to adjudicate the constitutionality of section 581.184 or any related . . .

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, v. M. HAIRE A., 832 So. 2d 778 (Fla. Dist. Ct. App. 2002)

. . . In the process the court held unconstitutional various aspects of the 2002 amendments to sections 581.184 . . .

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES L. v. MIAMI- DADE COUNTY, a a, 790 So. 2d 555 (Fla. Dist. Ct. App. 2001)

. . . Section 581.184(7), Fla. . . .

FLORIDA DEPARTMENT OF AGRICULTURE CONSUMER SERVICES v. CITY OF POMPANO BEACH, a a a R. N. a a a a a, 792 So. 2d 539 (Fla. Dist. Ct. App. 2001)

. . . manner inconsistent with the legislature’s definition of “exposed to infection” as set forth in section 581.184 . . .

STATE v. SUN GARDENS CITRUS, LLP II, a a O. Jr., 780 So. 2d 922 (Fla. Dist. Ct. App. 2001)

. . . The Departmént fashioned this rule pursuant to the grant of legislative authority found in section 581.184 . . .

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, v. O. POLK,, 568 So. 2d 35 (Fla. 1990)

. . . special session in December 1984, also responded to the threat of citrus canker by enacting section 581.184 . . .