What comes to mind when you think of trees? Is it the cool shade offered, their towering majesty, or their peaceful sanctuary? Nearly two years ago I discussed in my newsletter the destruction of 130,000 trees in Broward as a result of the state’s citrus canker eradication program.
Constitutional question
After several months of deliberation, the Florida Supreme Court has arrived at a decision regarding the constitutionality of the State’s citrus canker eradication program. While disappointing, the ruling clearly upholds the authority of the Florida Legislature to enact rules and legislation that regulates our citrus industry and the canker eradication program. The Court made no attempt to rule on whether the science used to justify the program was valid. Instead, it ruled the Legislature was within it’s rights to implement and enforce the eradication of citrus canker by destroying both healthy and infected trees. The ruling effectively prevents homeowners from saving their canker-exposed citrus trees from chain saws.
On the bright side, Broward County did prevail in two important areas. First, access to your property by Dept. of Agriculture eradication crews now must be secured through a warrant or through permission granted by the owner. I urge you to request a warrant before authorizing access to your private backyard. This will ensure a uniformed police officer will be nearby to monitor the activities of the tree cutters.
Second, the Supreme Court ruled the state is obligated to pay “more than token compensation” for the loss of each citrus tree they destroy. The Court held the $55 and $100 payments provided by the state and through Wal-Mart vouchers to homeowners, “sets a floor but does not determine the amount of compensation.” A class-action lawsuit winding its way through our courts will ultimately settle on the “fair and just” value and compensation to be paid private owners for the loss of their trees. It may be helpful to record the size, age and health of your backyard citrus tree(s). Attorney’s fighting for better compensation are reporting citrus trees may have a real value of $750 to $1,000. Assuming such a compensation award is validated by the courts, the Florida Legislature may find it difficult to find the dollars necessary to pay the “fair and just” value of healthy citrus trees. State officials may find themselves balancing citrus compensation dollars due hundreds of thousands of home-owners against funding earmarked for schools, roads or social services. We will all have to patiently await the verdict in the class-action suit which will establish the true compensation necessary to pay for the loss of backyard citrus trees. Not one to give up the “good fight,” Broward County is considering ways to seek further review of the Supreme Court’s decision. We’ll keep you up to date in the months ahead.
2nd Annual Water Matters Day
Broward County will celebrate the second annual Broward Water Matters Day on March 27, from 9 a.m. to 3 p.m., at Tree Tops Park, 3900 S.W. 100th Avenue, Davie. The event is part of the county’s overall campaign to help homeowners understand the role they play in managing water resources in their homes, yards and communities. A series of mini-workshops and giveaways will help residents learn how to maintain beautiful and environmentally friendly yards. Special “how-to” sessions are planned including:
- selection and caring for drought tolerant plants
- designing a NatureScape
- maintaining your irrigation system
- transforming your backyard into a wildlife habitat.
Please plan to attend and learn how to be a steward of Broward's environment while you preserve and conserve our water.
