County moves to fell new tree law
Commission OK's suit to stop state from cutting citrus
aelliott@herald.com
Broward County will sue the state of Florida over a new law granting broad authority to immediately begin destroying citrus trees -- a move which could impact the entire state's canker eradication program.
Commissioners voted 8-0 Tuesday to challenge the constitutionality of the law, giving attorneys the green light to file suit on behalf of residents, along with several other cities and private citrus groves.
Fort Lauderdale and Davie will join the lawsuit, which may be filed as early as this week, the county's chief appellate counsel, Andrew Meyers, said. Miami-Dade County also may join. ''The bottom line is the government is not allowed to do this to people and no individual homeowner has enough money to fight the state of Florida,'' said Lori Parrish, chairwoman of the Broward County Commission. ``So if all of us get together for our residents then we can help them protect their personal property rights.''
Miami-Dade's County Attorney Randy Duvall likened the powers granted the state's agriculture department to those exercised by British colonial officials prior to the American Revolution.
''The only difference is that the people who carry these warrants to your door are contract workers instead of British soldiers in red coats and black boots,'' Duvall said.
The roughly two dozen residents present were pleased with the vote.
''Once the legislature spoke, it was over but for what this county commission just did,'' said Fort Lauderdale resident Ellen Schneider. ``They continued the fight.''
Also expected to join the new suit: Coral Springs, Plantation, Pompano Beach and several private citrus groves, Meyers said. The cities of Boca Raton and Delray Beach are considering joining, he said.
On Monday, Gov. Jeb Bush signed a law giving the state Department of Agriculture and Consumer Services the authority to destroy thousands of backyard citrus trees regardless of whether they show signs of canker. The department needs only a single search warrant covering an entire county.
Duvall said any claim would likely be grounded on the U.S. Constitution's Fourth Amendment protections against unreasonable search and seizure, Duvall said, adding that he has talked to Broward County attorneys about the lawsuit. A decision from Miami-Dade commissioners could come within 10 days.
Proponents of the new law reacted to the lawsuit with disappointment. ''A lawsuit doesn't mean we will stop,'' said Liz Compton, spokeswoman for the canker eradication program of the Department of Agriculture and Consumer Services. ``An injunction that says we can't cut exposed trees would be the only thing that stops us.''
The state is expected to resume the cutting of trees within four to six weeks in Broward and Miami-Dade counties and sooner in Palm Beach County. A court ruling halted the destruction of trees in November 2000.
In Palm Bay, a residential community in Brevard County, state workers have received permission to cut from 175 of the 240 properties.
Broward County first joined a lawsuit against the Department of Agriculture in October 2000, along with 15 Broward cities and individuals. They won the suit, but the decision was reversed by the state's appellate court in June 2001.
Further court proceedings forced the Department of Agriculture to draft an official edict stating that all citrus trees within a 1,900-foot radius of an infected tree could be destroyed.
In November, seven South Florida cities, along with Broward and Miami-Dade counties, challenged the edict, which was scheduled for trial in April.
''But rather than risk losing in administrative court, the [Department of Agriculture] and Florida Citrus Mutual were able to get the law changed,'' said Meyers.
Herald staff writer Phil Long contributed to this report.