Florida judge rejects California citrus request
A Florida Circuit Court judge in Tallahassee Wednesday rejected a request from California citrus industry interests for an injunction against a Florida's new regulations on shipments of California citrus into Florida.
Circuit Judge William Gary refused the request for an injunction against the Florida Department of Agriculture and Consumer Services (FDACS) regulations that require inspections, treatment and paperwork certifying that California citrus being shipped into Florida is free of septoria citri, a common tree disease in California that causes blemishes on oranges.
The Florida requirements have been in effect since Dec. 7, and will drive up costs for California oranges in Florida — an estimated $75 million-a-year market.
'Clearly the actions of the (state) are in keeping with the regulatory duties,' Gary wrote in his ruling. 'When one seeks a temporary injunction it must be demonstrated that there is a likelihood of irreparable harm, no adequate remedy at law, a substantial likelihood of success on the merits, and that it is in the public interest. Plaintiffs (California growers) made no such showing.'
The judge said the California parties should seek a change by using Florida's Administrative Procedures Act. FDACS is now writing new rules to cover the septoria citri issue.
Meanwhile, California oranges are still being shipped into Florida. A Miami Herald survey of major Florida grocers indicated the California suppliers are already following the new requirements. But the new rules will increase prices for the California oranges.
Florida judge rejects California citrus request
