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4th DCA upholds canker-fighting law
©Associated Press
January 16, 2003
WEST PALM BEACH -- The 4th District Court of Appeal ruled Wednesday that a law letting the state take any citrus tree within 1,900 feet of a canker infestation is constitutional, but crews must get warrants before searching private property for signs of the disease.
The opinion struck down Broward Circuit Judge J. Leonard Fleet's ruling that the searches and destruction of citrus trees violate the rights of homeowners who have fought to save their trees.
Fleet stopped agriculture workers last summer from searching back yards for the disease. He also slowed down the state's eradication program by requiring officials to get a warrant for each property they wanted to search and prohibiting the use of a judge's electronic signature on warrants.
The 4th DCA struck down those requirements. It said warrants still are required, but clusters of addresses can be served under one.
The "allows us to do the program on a manageable basis," said Agriculture attorney Jerry Budney.
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