Friday, January 10, 2003
Brian P. Patchen v. Florida Dept. of Agriculture

No.02-1291

Dade County


The Patchens sued the State for damages after the Florida Department of Agriculture & Consumer Services destroyed their six large fruit-bearing citrus trees. This was done under a state policy of eradicating citrus canker by destroying any citrus trees found within 1,900 feet of an infected tree. Statewide, about 380,000 residential citrus trees have been destroyed under this policy during the recent canker outbreak. Both the trial court and the Third District Court found that the Patchens were not entitled to damages because their trees had no market value at the time they were destroyed.