Chapter 138 - Vegetation Chapter 138
VEGETATION*
Article I. In General
Secs. 138-1-138-25. Reserved.
Article II. Lethal Yellowing Disease Prevention and Control
Division 1. Generally
Sec. 138-26. Regulation of coconut palms.
Secs. 138-27-138-35. Reserved.
Division 2. Reserved
Secs. 138-36-138-43. Reserved.
*Cross reference—Litter,weeds,debris and plant control,§54-176 et seq.
State law reference—Authority to act in the common interest of the people of the county and exercise all powers and privileges
not specifically prohibited(all in a manner not inconsistent with law),F.S. § 125.01(1)(w).
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VEGETATION § 138-43
ARTICLE I. IN GENERAL Secs. 138-27-138-35. Reserved.
Secs. 138-1-138-25. Reserved.
DIVISION 2. RESERVED*
ARTICLE II. LETHAL YELLOWING Secs. 138-36-138-43. Reserved.
DISEASE PREVENTION AND CONTROL
DIVISION 1. GENERALLY
Sec. 138-26. Regulation of coconut palms.
(a) It shall be unlawful for any person to cause
cocos nucifera, Adonidia (veitchia merrill) or
Pritchardia sp., more commonly known as coco-
nut palms, to be transported from, or through,
Monroe,Dade or Broward Counties into or through
this county.
(b) Any person aggrieved by this section shall
file an appeal,with the county agricultural agent,
to the board of county commissioners with a
request listing the quantity and species of plants,
points of origin, and destination, time, route,
means and vehicle license number of and by
which plants are proposed to be transported in
contravention of this section, and precautions
taken against spread of lethal yellowing.
(c) The county agricultural agent is hereby
instructed to continue to accumulate and analyze
current information and continue to inform this
board of facts that justify cancellation or exten-
sion of this section and to refer any appeals and
requests to the board of county commissioners.
(d) A violation of any provision of this section
is a misdemeanor and shall be prosecuted in the
name of the state in the county court by the
prosecuting attorney, and upon conviction shall
be punished by a fine not to exceed $500.00 or by
imprisonment in the county jail not to exceed 60
days, or by both such fine and imprisonment.
Each violation and each day a violation continues
shall constitute a separate offense. The board of
county commissioners shall have the power to
collaterally enforce the provisions of this section
by appropriate judicial writ or proceeding notwith-
standing any prosecution as a misdemeanor.
(Ord. No. 72-6, §§ 1, 2; Ord. No. 72-7, §§ 1, 3; Ord. *Editor's note—Ord. No. 08-18, § 1, adopted Apr. 22,
No. 73-11, §§ 1, 2; Ord. No. 73-18, §§ 1, 2) 2008,repealed Art.II,Div.2,in its entirety.Former Art.II,Div
State law reference—Penalty for ordinance violations, 2, §§ 138-36-138-43, pertained to the control program and
F.S. § 125.69. derived from Ord. No. 04-11, §§ 1-7, adopted Feb. 24,2004.
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Chapters 139-141
RESERVED
CD139:1