Joe Henderson: Judge’s rebuke has Adam Putnam up a tree

If you don’t know the details yet of the stern rebuke Adam Putnam just received from a Circuit Court judge in Lee County, don’t fret.

I’m sure Putnam’s opponents in the race to be Florida’s next governor will be happy to share, share, share and keep sharing details of the legal smackdown he just received.

Judge Keith Kyle ruled that the Florida Department of Agriculture and its boss — that would be Putnam — are basically ignoring an order to pay nearly $17 million to 12,000 Lee County residents for healthy citrus trees that were ordered destroyed about 20 years ago in a futile attempt to contain the spread of canker.

Putnam wasn’t in charge then; he was in the U.S. House of Representatives when the original order to destroy the trees was given. But residents sued, saying their trees shouldn’t have been seized. After a lot of legal wrangling, four years ago a jury agreed and assigned damages.

Putnam, who was running the Department of Agriculture by then, appealed the ruling and lost. Instead of paying up, the state kept up the legal battle.

Kyle’s ruling suggests he has had enough of that. That’s where it gets dicey for Putnam.

“Based upon the record before this Court, one reasonably could even be under the impression that Commissioner Putnam may even be thwarting efforts of payment,” he wrote.

He later added: “While the government has the ability to establish procedures for payment of its constitutional obligations, it does not have the luxury of avoiding it.”

Then there was this shot: Kyle said keeping up the fight “is contrary to the oath” Putnam took when he became commissioner.

It’s not a good look for a candidate who has tried to develop the image of a down-home guy from small-town Bartow. It’s also not the first bit of turbulence in this campaign.

Putnam is still being served a heaping helping of his assertion that he is a “proud NRA sellout.” He was trying to shore up his credentials with the National Rifle Association supporters when he made that statement, but that was before the massacre at Marjory Stoneman Douglas High School.

NRA sellout? Also not a good look.

Putnam then drew criticism for saying he would have vetoed the new gun restrictions passed by the Legislature and signed by Gov. Rick Scott.

It has forced Putnam to play some defense in the face of rising sentiment in the state to make it harder for individuals to own weapons like the AR-15. Even though he said he would not have signed the gun law, he wouldn’t commit to trying to overturn it if elected.

And now, challenger Ron DeSantis has moved to the top of Republican polls in the governor’s race. Although Putnam remains a formidable force, pitting him against folks who lost their trees could become another major sore spot for him in an era where campaigns can turn on effective attack ads on TV.

The Tampa Bay Times reported that rather than paying up, Putnam plans another appeal.

“We strongly disagree with this ruling and intend to appeal,” Putnam spokeswoman Jennifer Meale told the newspaper. “Since 1997, the department has handled these cases in a manner consistent with Florida law, which has been supported by a Florida Supreme Court ruling. The lawful process for the payment of these judgments requires a legislative appropriation.”

Hmmm.

Let’s look at the big picture here while waiting for that “legislative appropriation.”

Start with homeowners; just plain folks like the rest of us. The state seizes their private property (the citrus trees) and destroys them. The state is ordered to pay damages.

Putnam, now in charge, keeps stalling and appealing, and appealing, and appealing, while the tree folks just keep waiting for their money.

Release the hounds.