Citrus canker payout on way

Broward residents to be compensated for trees

About 58,000 Broward households could share in a $20.9 million payout approved Wednesday by the state Legislature to compensate homeowners whose fruit trees were destroyed to stop the spread of a disease called citrus canker.

Republican budget negotiators in the House and Senate agreed on full payment on a lawsuit won nine years ago by homeowners seeking full compensation for orange, lime, lemon and grapefruit trees cut down by crews hired by the Florida Department of Agriculture.

Despite winning a jury verdict in 2008, homeowners went unpaid, as appeals wore on and the Department of Agriculture refused to pay, saying it would only do so when the Legislature appropriated the money. That finally happened Wednesday.

“Yay!” said Beth Garcia, of Hollywood, one of the original plaintiffs, whose five trees were destroyed by the state’s treecutting crews. “I’m really happy. I was glad to be a class member and stand up for our

rights. People can’t just walk onto your property and cut down trees based on flawed research.”

Citrus canker, which is spread by wind and rain, discolors fruit and weakens trees. Desperate to keep the disease from invading the state’s commercial groves, the Florida Department of Agriculture hired tree-cutting teams to work residential neighborhoods, cutting down every citrus tree within 1,900 feet of an infected one.

The campaign, which ran from 2000 to 2006, infuriated homeowners, who accused the state of trespassing and illegally taking their property without full compensation. The treecutting effort ultimately failed and left the department facing a series of class-action lawsuits.

By then, the hurricanes of 2005 and 2006 had spread the disease beyond any hope of eradication — a development that the Department of Agriculture and the citrus industry blamed on the delays created by the homeowners’ lawsuits.

The deal is still subject to approval by Gov. Rick Scott, who could veto the money.

Another $16.5 million approved Wednesday will cover homeowners in Lee County. Although other lawsuits have been won in Orange and Palm Beach counties, they are not covered by this agreement.

The Florida House initially proposed paying Palm Beach County homeowners, but that county was dropped during closeddoor negotiations, according to the Associated Press. In Palm Beach County, 26,491 homeowners would stand to collect $28.4 million on their court verdict.

“We couldn’t afford to pay all three of them,” said Rep. Carlos Trujillo, a Miami Republican and House budget chairman.

Trujillo said that legislators decided to pay off claims related to the two oldest outstanding lawsuits.