Individuals Who Owned Residential Citrus Trees in Miami-Dade County that were Destroyed Between 2000-2006 Under the Citrus Canker Eradication Program Could Get Money from a Settlement

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Robert C. Gilbert, P.A./Grossman Roth Yaffa Cohen, P.A

Jan 24, 2022, 10:00 ET

CORAL GABLES, Fla., Jan. 24, 2022 /PRNewswire-HISPANIC PR WIRE/ -- The following is being released by Robert C. Gilbert, Esq. of Robert C. Gilbert, P.A./Grossman Roth Yaffa Cohen, P.A. about the lawsuit In re Citrus Canker Litigation., Case No. 03-8255 CA 13, in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida.

A Settlement has been reached in the class action lawsuit seeking full compensation for the certified Class of owners of approximately 247,972 residential citrus trees in Miami-Dade County, that were not determined to be infected with citrus canker and were destroyed by the Florida Department of Agriculture ("Department"), on or after January 1, 2000, under the Citrus Canker Eradication Program ("CCEP").  The lawsuit seeks full compensation based on the replacement cost of the trees at the time they were destroyed.

Generally, individuals are part of the Class and included in the Settlement if they owned citrus trees located within Miami-Dade County that were:

  • not used for commercial purposes,
  • not determined by the Department to be infected with citrus canker, and
  • destroyed under the CCEP on or after January 1, 2000.

Under the Settlement, which is subject to Court approval and an appropriation by the 2022 Florida Legislature, a Settlement Fund of $76,871,320 will be created to pay (1) eligible Class Members; (2) costs of notice and administration; (3) attorneys' fees, costs, and expert fees; and (4) service awards to the five class representatives.  Additional details are in the Settlement Agreement available on the website, www.MiamiDadeCitrusCankerFund.com.

Individuals do not have to do anything to receive a payment.  If the Settlement is approved and the Settlement Fund is created, all eligible Class Members who received a notice in the mail and who do not exclude themselves (opt-out) from the Class will automatically receive a payment.  Individuals who did not get a notice in the mail, but think they are included in the Class should call 1-833-630-1411 for assistance.  Individual payments will be calculated based on the total number of eligible trees owned by each Class Member that were destroyed.  If a Class Member was previously paid $55 per-tree and/or accepted and used the $100 Shade Florida debit card, these amounts will be subtracted from their total payment.

Important Information and Dates:

  • Included individuals who want to keep their right to sue the Department themselves must exclude themselves from the Class by March 10, 2022.
  • Included individuals can object to the Settlement no later than March 10, 2022.
  • Included individuals who do nothing will be bound by the Court's decisions. 
  • The Court will hold a hearing on March 21, 2022 at 9:30 a.m. to consider whether to approve the Settlement, Class Counsel's request for attorneys' fees, costs and expert fees not to exceed 15% of the Settlement Fund, and service awards up to $25,000 for each of the five Class Representatives. 

For more information:

SOURCE Robert C. Gilbert, P.A./Grossman Roth Yaffa Cohen, P.A